Being sued in small claims following divorce decree
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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