ENFORCEMENT OF ORDERS
After you have obtained an Order or Judgment, the next step is enforcing it. Ideally, responsible adults recognize the importance of complying with the Orders made by Judges and Commissioners. Most people "play by the rules". Unfortunately, not everyone does this for a variety of reasons. Therefore, you need to know what your options are.
1: An Order Assigning Wages is the easiest way to collect spousal and child support payments in most cases. Under California Law, you are entitled to this Order. Unless you agree otherwise, issuance of the Order is mandatory, per Family Code Section 5230[a]. This Order enforces support oblations by requiring the Payor's employer to make the payment directly from the wages of the Payor.
2: Contempt is a quasi-criminal proceeding, in which the accused [Citee] is entitled to a court appointed attorney, sometimes free of charge. The Citee has all of the same rights as a criminal defendant, including without limitation the right to remain silent. The basic components of proving a contempt citation are the existence of a valid court Order, knowledge of the Order by the Citee, and the willful disobedience of the Order by the Citee. It is an area that many practitioners do not like because it is so highly technical and includes constitutional rights that are not exercised in the remaining family law areas.
3: A Writ of Execution is a procedure to collect on a judgement for any type payment and not just support payments or support arrearages. This enables the seizure of an asset to be sold and the proceeds applied to the judgment creditor. It can also be used to take funds from the debtor's bank accounts.
4. A Motion To Determine arrearage is a procedure used to obtain a judicial determination of that is owed on a prior Judgment, including statutory interest where applicable. This procedure is available for any underlying Judgment. Most family law practitioners have computer software to calculate the arrearage, interest and in the case of child support, for penalties due on unpaid child support.
5. When appropriate, more drastic collection remedies are available to collect child support. The court can require the paying spouse to deposit up to one year's payments to fund an interest-bearing trust account for the supported children. The account is security for monthly child support obligations. Payments for child support arrears will be ordered if payments become 10 or more days past due. The authority for these remedies is found in California Family Code Sections 4560, 4561, and 4570
For more information contact Lawyer@CalAttorney.com.