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trafficgurl · Sep 30, 2007, 09:28 AM

My child was born out of wedlock. She is three months old. Mid October 2007 myself and the noncustodial parent will be going to court for finalization of child support order as he contested the recommended amount by the state. I would also like to sue for pregnancy related expenses I have all the receipts, plus I have emails where he agreed to purchase crib, car seat and stroller and never did (also have receipts). Can I sue in small claims court after our hearing in October? I was going have him served in court (since its same building). Or will I need to bring that before the judge on our child support date by filing a petition? My understanding was this judge only hears the financial arrangements and will not be able to hear visitation etc. I was also wondering if I can even sue for the items he agreed to purchase, I have written documentation that he agreed to purchase those items. I live in the state of Georgia.
Thanks for your help!!

s_cianci · Sep 30, 2007, 09:45 AM

You'd have to file a separate motion in small claims court. However, I'm not sure how far you'd get as the child support presumably contributes to those expenses you've mentioned (cribs, strollers, etc.) By suing him for child support you are essentially suing him for his share of those and other expenses associated with raising the child. The fact that he may have verbally agreed to single-handedly purchase those items you've mentioned really won't carry any weight as it's not likely that that'd be deemed to be a valid and enforceable contract. As for medical expenses associated with the pre-natal care and actual birth, those are your responsibility and he cannot be compelled, at least not legally, to contribute to those expenses. Your best bet is to just pursue the child support. He can always contest the amount set by the standards in the state of Georgia and in the end the court may or may not agree with him. Keep in mind that legally both of you are financially responsible for raising the child so no court is going to let you proceed as if everything is strictly his responsibility, i.e. expecting him to purchase cribs, etc. strictly on his own.

trafficgurl · Sep 30, 2007, 11:47 AM

I saw the response about small claims court thanks... Georgia has no stipulation for retroactive child support.. but there is a code section for medical and pregnancy related medical expenses. I was hoping to treat the other things.. crib etc as a written contract for goods if possible? I guess that it is strange but I can't think of any other recourse.

trafficgurl · Sep 30, 2007, 11:51 AM

Ok that's strange Im learning this system so your full answer just popped up. That's funny because Cowell vs Matthews ordered father to pay for medical expenses. It was appealed to GA supreme court and they upheld the ruling in 1993 of the lower court... the father paid $15, 458.98 to mother for birth. They cited OCGA 19-7-24. I guess Im nervous about the whole thing but I think I have standing (?). Im just not sure about the crib and other items which cost $500 in total... I have spent more than 8 grand on the nursery décor... cothing... diapers... formula... child care... I just think e should at least pay the $500...