Stanley Dawe Prowse

Credit cards accepted, Fixed hourly rates

Serving Carlsbad, CA

  • Serving Carlsbad, CA

  • Credit cards accepted, Fixed hourly rates

Certified Family Law Attorney at firm The Law Office of Stanley D. Prowse

Serving Carlsbad, CA

Credit cards accepted, Fixed hourly rates

Awards BV Distinguished

A man was awarded $11,500 by the court in attorney fees after being sued by his ex-wife. As of now, she refuses to pay any of the fees. What’s more, she has also quit her job. This man seeks advice on how he can collect the payments he was awarded. That wasn’t all, however. He brought up the topic of child support. Due to her recent quittance, the amount of money he pays in child support increased. He wonders if there is some sort of paperwork he can file to discontinue his payment of child support until she repays the judgment.

The first thing we made sure he understood: his obligation to pay child support is entirely independent of his ex’s obligation to pay the judgment. He can file a motion to reduce the child support because time share has changed, or his income has gone down, or income should be imputed to her because she has the ability and opportunity to work, but not because she refuses to pay the judgment. Now, the question of enforcing a judgment altogether. Collecting a judgment from someone who isn’t working and has no money in the bank is difficult. If she’s collecting public assistance, he can’t get his hands on it. Perhaps she has a car with equity in it or expensive jewelry. He can send the Sheriff to ‘execute the judgment,’ or ‘levy,’ by seizing things like that, but they may turn out to be exempt if she argues about it. Threatening her with that might get her to start paying the fees, but it sounds as if she’s a tough cookie. This man needs to consult a lawyer and tell the lawyer everything he knows about her assets.

For more information on civil litigation and enforcing judgments, please visit our website: http://stanprowse.com/enforcing-a-judgement

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