In husbands custody paper work it states that 82 % of health coverage will be paid by father and 18 percent will be paid by mother. Recently she took the daughter to a dentist with out consulting the father (they have joint custody) the father tryed for months to get a hold of mother and arrange another denist that would of not left a balance and insurance would of paid the whole thing. . Mother never returned phone call. So now there is a balance that was not covered cause this denist was more expensive . The balance is 500 dollars. So my husband figured out total of the 82% and he was going to pay 175 dollars which figures out to be the rest to complete his 82% shes not happy and now we have her filing a civil suit against him to pay the balance. She took this out of her own pocket to get the work done. So now she wants him to pay her back. This is all nothing he agreeed on. So can she take him to civil court to get money from him that has something to do with custudy papers.
Can someone file in civil court something that has to do with a family court order?
She can take him to court, but it doesn't mean she will win. Sounds like she will not, but at worst they may have to split cost.
Reply:Family court and civil court have jurisdiction over the same thig. Custody orders, family court orders, etc., are civil matters. The family court hears the cases because the judges specialize in family law. She has every right to file in regular civil court.
Reply:Call the Friend of the Court and ask them!
Reply:I think you have a good argument...in fact I just saw a case like this on Judge Mathis...lol. Anyway, if you can prove you tried contacting her and that she picked a doctor that was not covered under your insurance or out of network and that there were plenty of dentists in the mother's area who could see the child I think you might win this case! GOOD LUCK.
Reply:Each state has a different court system.
But in general, a financial dispute between ex-spouses is not a family matter, so it cannot be heard in family court. It would belong in "regular" court, whatever it's called in your state.
Reply:Just be sure to respond to the complaint, within the answer outlined the child support order by the court, bring the documents with you to court, the family court order will be up held in the small claim division
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