Being sued in small claims following divorce decree

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Being sued in small claims following divorce decree

Prior to divorce, my ex and I drew up a
separation agreement and had it notirized. In it
I agreed to give him 30/month and 1/2 vet bills
to help with our pets until the divorce. I had
asked to take the animals and he refused. I
asked several times before the divorce if we
could come to some kind of settlement for the
pets because 30/month with no time limit was
unreasonable, I made several offers to settle
which he never responded to. He wanted it
included in our decree. The judge threw it out
at the hearing. Now he’s threatening to sue me
I small claims for the money. He lives in CA, I
live in OH. The notarized agreement was
written in February of 2013. We divorced in
December 2013.

Asked on September 2, 2017 under Family Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will need to file an answer to the lawsuit with the court prior to the deadline stated in the summons.
A copy of the answer must be mailed to your ex with a proof of service verifying the date of mailing. The proof of service is also attached to the answer you file with the court.
The answer denies the allegations in the lawsuit. Your answer should include the defense that the divorce decree does not include the pet payment and that it was thrown out by the judge.Attach a copy of the divorce decree to the answer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption