How to Sue an Ex-spouse for Money They Owe You

It’s unfortunate, but when couples break up there is often an animosity between them that rages with hostility towards each other, leaving them vulnerable to being sued by each other. However, suing each other in small claims court for a small debt may not be as easy – or as hard – as it seems. Here are a few things you need to consider.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Legal advice

How to sue an ex-spouse for money they owe you

1. If what you want to sue them for is part of a divorce settlement that the one spouse has failed to uphold, then you need to take the action back to Family Court and pursue it there. It cannot be heard in small claims court just because it falls within their monetary court jurisdiction. Judges do not make rulings over each other's rulings.
2. If the spouse owes you money for something that is not part of the divorce settlement and that is completely separate from it, then you can proceed with legal action against them for a debt owed just as you would anyone else.
3. If the debt is related to child support payments or arrears, you must go back to Family Court to pursue the debt there.
4. You need to seek legal advice before you pursue any court action because a lawyer can establish what was involved in the divorce settlement and child support plan and what is separate from it.

Tips & Warnings

• In most cases, ex-couples would conduct most of their debt grievances at the Family Court and would only go to Small Claims Court with issues that are totally and wholly separate from their divorce settlement.