More details to this question:
My husband's ex wife is suing for back spousal support; we have all of the documentation that he paid. Or will have, after having to take time off work to gather all the information, gas money to drive a 4 hour round trip to pick up some of the documentation, and time off of work to go down to the courthouse and child support services. She knows he paid her and it’s just trying to milk yet more money out of my husband and I and I'm sure she's hoping he did not save all of his documentation. Do I have a leg to stand on to sue her for loss of wages and gas money, which will end up totaling at least $500? I'm really just sick of her pulling this stuff and would like to scare her into not doing it anymore, and maybe she will decide, hmm maybe instead of all my scheming, I should get a job! Thank you very much for your replies.
4 ANSWERS
You have no right to ask your husband's ex-wife for time or expenses, but your husband has the right to raise those issues in the action she is bringing to collect alleged spousal support arrears. I advise your husband to keep detailed records and documentation about his payments of spousal support.
Answered on May 07th, 2013 at 10:16 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, you probably can't sue for that; however, your husband can ask for reimbursement of attorney fees and costs if it appears to the court that she filed the claim frivolously.
Answered on May 07th, 2013 at 10:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In the American system each party pays the cost of its own attorney and the prosecution or defense of the case in a civil situation. Therefore is extremely doubtful that you would be able to recover if you brought a suit against her for the additional expenses which she has visited upon you and your husband. What you should do is let the matter play through and, if she is shown to have brought the allegations falsely ask the court to order that you should pay your attorney's fees and costs.
Answered on May 03rd, 2013 at 3:08 AM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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Your best option would be to respond to her motion and (as part of your response) ask for an award of costs. Itemize your costs. Some (but not all) judges would require her to reimburse you and your husband. If nothing else, it may make her think twice before doing this again and it will establish a "track record" at the court, making it more likely that the court will award costs next time (if there is a next time).
Answered on May 02nd, 2013 at 11:19 PM