Can You Use a Small Claims Judgment as a Spousal Support Setoff
An ex-husband in California wants to sue his ex-wife in small claims court, because she has not returned certain items of property to him. He is behind on his spousal support payments. If he wins a judgment in small claims court, can he use the judgment as a setoff against his alimony arrears?
Re: Can You Use a Small Claims Judgment as a Spousal Support Setoff
Odds are, both of the issues are properly raised in the court that granted the divorce. If the divorce judgment requires the wife to turn certain property over to her ex- and she did not do so, he can bring a motion in that court asking that she comply with the court's order or be held in contempt. If the divorce judgment does not address the items of property, it may be that general language in the divorce judgment will prevent his claim -- it is important to review the judgment to determine his rights and remedies.
The divorce court would also review any effort to have a small claims judgment applied to arrears, so the matter will eventually end up back the family court even if a small claims court hears the case and issues a decision.