Cameron Miranda
Family law judgments can be complex, and while they do not expire, they can be modified or appealed. In the case of divorce, the court may order a spouse to pay or split the money from the sale of an asset, but it is up to the recipient to collect this money. This can be done through wage garnishment or bank levy, and if the spouse owns real estate, a lien can be put on the property. If the recipient is owed child support or spousal support, there are various mechanisms to ensure payment, including placing a lien on property. This is known as a writ of attachment, which allows plaintiffs to place a legal claim on a defendant's assets before a judgment is entered.
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What You'll Learn
Family law judgments can be collected from pay or bank accounts
Family law judgments can be complex, and it is always recommended that you seek legal advice to understand your rights and options. In the case of a divorce, if a judge orders your spouse to pay you money, you will need to collect this money yourself. The court will not do this for you, but there are court processes you can follow to collect the money from your spouse's pay or bank account if they do not pay voluntarily.
If you are owed spousal or child support, there are various mechanisms to ensure payment. One way is to garnish their wages, which is a court process to collect from their pay. You can file a wage withholding order to garnish the other party's wages without the need for a hearing. You will need to get a Writ of Execution from the court, which allows the sheriff or other "levying officer" to enforce your judgment and collect the money. This process also applies to collecting money from a bank account, which is called a bank levy. You will need to fill out forms for the bank that include written instructions for the sheriff or levying officer.
Another way to collect payment is by placing a lien on their property. A lien is a claim on their property, such as a bank loan on a vehicle or a deed of trust on a house. If they own real estate, you can put a lien on the property, and you may get paid if the property is ever sold or refinanced. You can also agree to accept payments over time, a lump sum, or a lesser amount of money if they pay you right away.
It is important to note that family law judgments for money do not expire and last until they are paid in full or otherwise satisfied. If the judgment is not paid, the amount owed collects interest, and you may spend additional money on court and sheriff fees to collect the payment. You can renew your judgment to add interest and collection costs to the total amount owed, but this is not mandatory.
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Family law judgments can be collected from real estate
Family law judgments can be complex and often involve the division of assets, including real estate. In the case of a divorce, if a judge orders your spouse to pay you money or divide the proceeds from the sale of a property, you will need to collect this money yourself. While the court doesn't facilitate the collection, there are court processes you can use to collect the money from your former spouse's pay or bank account if they don't pay you voluntarily. For instance, if you know where they work, you can use court processes to collect from their wages or bank accounts.
If your former spouse owns real estate, you can have a lien put on the property. This means that if they ever sell or refinance it, you may get paid. However, enforcing a judgment lien on real estate can be expensive and complicated. It requires a lawsuit involving the property owner, all mortgage holders, all judgment lien holders, and anyone else with an interest in the property. Additionally, a title search on the property is necessary, and the foreclosure auction must be advertised in a newspaper. It is also important to note that the judgment will not attach to the real estate unless it is docketed in the name of the property owner.
In some cases, a court may appoint a "receiver" to manage and control assets, including real estate, to ensure that a family law litigant receives the money or property they are owed. This procedure is, however, quite difficult, and most family law attorneys in California do not have experience with requesting the appointment of a receiver.
It is always beneficial to consult with an attorney to understand your rights and options regarding the collection of family law judgments, especially when real estate is involved.
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Family law judgments can be collected from outside California
If your ex-spouse does not pay voluntarily, you can use court processes to collect from their pay or bank accounts, or other property. This can be done through wage garnishment or a bank levy. If they own real estate, you can have a lien put on the property, and if they refinance or sell it, you will be paid. You can also request that the court appoint a "receiver" to marshal and control the debtor's assets in order to pay you.
It is important to note that a family law judgment does not expire like other types of money judgments. It lasts until it is paid in full or otherwise satisfied. If it is not paid, the amount owed will collect interest (10% each year), and you may spend money trying to collect it through court and sheriff fees. You can renew your judgment to add interest and collection costs to the amount owed, but this will increase the interest you owe.
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Family law judgments can be collected via a 'receiver'
Family law judgments can be complex, and there are often multiple, separate monetary judgments issued at different times, for different reasons, and concerning different subjects. For example, a spouse might receive a beneficial order for spousal support, an attorney's fee order, an expert witness fee order, and a monetary sanctions order. If the obligor spouse (the person ordered to pay) does not pay, the obligee spouse (the person ordered to receive payment) will need to take steps to collect the money.
In California, there are court processes that can be used to try to collect the money from the spouse's pay or bank account. If the spouse ordered to pay does not comply with the judgment, the other party may bring an action to collect on the amount due (called arrears). If a party is required to pay child support directly but fails to do so, the recipient can file a wage withholding order to garnish the other party's wages without the necessity of a hearing. Likewise, if the terms of a judgment require an equalization payment and the spouse required to make the payment fails to do so, a collection action may be initiated by filing a motion.
There are various mechanisms to ensure payment, which include levying bank accounts and attaching (placing a lien) on property. Collecting on child and spousal support obligations can be extremely complex. A seldom-used method of collecting past-due child support, spousal support, and property division orders and judgments involves the appointment of a "receiver". A receiver is a person appointed by the court to marshal and control assets (including real property, businesses, accounts, and accounts receivable) to pay a family law litigant the money or property owed by the other party. The receiver does not represent the creditor directly but is an officer of the court. A receiver can take any "nonexempt" property to pay the debt.
The fees of the receiver are first set by the court in the Order Appointing Receiver and can be significant, sometimes as much as 25% of the judgment collected. The receiver's fees are paid by the debtor, and the receiver can take property to pay these fees in addition to the debt being collected. Once the receivership ends, the final fee must be "reasonable," as determined by the court or by agreement of the debtor.
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Family law judgments can be collected from businesses
Once the amount owed is determined, the next step is to identify the assets of the obligator. This can include their employment, bank accounts, and any real estate or other property they own. With this information, a request can be made to the court to garnish wages or bank accounts, or to place a lien on any property. This process varies depending on the state and local laws, and it may be necessary to file additional motions or pleadings.
In some cases, it may be possible to collect directly from the business where the obligator is employed. This can be done through a wage garnishment or wage withholding order, which directs the employer to withhold a portion of the obligator's wages to satisfy the judgment. This process may require court approval and can vary depending on the jurisdiction.
It is important to note that family law judgments for money do not expire and will continue to accrue interest until they are paid in full. This interest is typically calculated at a rate of 10% per year, and it can be added to the principal amount owed if the judgment is renewed. However, there may be additional costs associated with collection, such as court and sheriff fees, that should be considered.
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Frequently asked questions
A family law judgment is a court-ordered resolution to a family law case. This could include divorce, legal separation, nullity, child support, spousal support, or property division.
Yes, a family law judgment can have attachments. Attachments, also known as liens, are legal claims placed on a defendant's assets to protect the plaintiff's right to collect on any future judgment. In the context of family law, attachments are often used to ensure payment of child support or spousal support obligations.
Collecting a family law judgment can be complex, and it is recommended to consult with an attorney to understand your options and protect your rights. There are various mechanisms available to collect on a judgment, including wage garnishment, bank levy, or placing a lien on property.
The Uniform Interstate Family Support Act (UIFSA) governs the enforcement of child support and spousal support orders issued in another state. This means that there are mechanisms in place to collect on support obligations, even if the person owing money lives outside of California.
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