Civil Judgement: How to Collect

Past Due billA 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 judgement.

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 judgement. 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 judgement all together. 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 how to collect payment from a judgement and more, please visit our website: http://stanprowse.com/enforcing-a-judgement

Advertisements

Child Custody Military Style: a different kind of battle

military child custodyAn active-duty military serviceman recently approached us with an inquiry regarding his wish to gain custody of his two sons, as the other siblings are over 18 years old and living independently. He and his wife had divorced in early 2013; at the time, both parents agreed it was in the children’s best interest to live with their mother. Since that time, he was stationed across the country in Virginia. On a visit back to California to see his newborn grandchild, it came to our potential client’s attention that his sons were living under unstable conditions. His ex-wife had been evicted, and since had taken the two younger children to live with a friend. Her driver’s license was suspended, her vehicle registration expired, and her car uninsured. These realities were very concerning to this man, hence why he came looking for a “quick resolution” to gain custody of the two boys.

The first thing this man needs to accept is that a quick resolution is highly unlikely. California has jurisdiction over the two children, and they won’t be able to move with him to Virginia without a successful motion in the San Diego Family Court for sole physical custody. The man’s ex-wife will presumably put up a fight, with or without the help of an attorney. He must also take into consideration what his sons want, as judges are supposed to listen to the feelings of children regarding child custody if they’re over the age of 14. This man needs to look at this situation holistically and see that the process for gaining custody after almost three years will be an uphill battle. Of course, nothing is impossible, and a military man equipped with perseverance most likely has the skill set to see this type of battle through. We wish him good luck!

For more information on military child custody, please visit our website at http://stanprowse.com/modifying-child-support-marine-or-sailor

Legal Eagle Podcast from Stan Prowse and The Andrea Kaye Show

Stan-RadioThe Andrea Kaye Financial News and Talk radio show and Carlsbad attorney Stan Prowse have together created these Legal Eagle audio segments focused on Family Law and help for military service members.

With the impact of divorce on families today the segments have sought to cover the wide variety of difficulties couples may face when either contemplating or going through a divorce. Topics such as legal separation verses divorce, contested and uncontested divorce, child custody issues, senior divorce and the expenses of divorce, family law for military, and the issues of PTSD, have all been covered in a helpful informational manner.

Like the rest of the legal article content provided on the stanprowse.com web site, they are intended to help the listener gain a better understanding of the law and the legal system so they will not feel intimidated and helpless should they face a divorce or family issues that require the help of a family law attorney. Each radio show segment has been recorded in a conversation interview style with Andrea Kaye as programming host with insightful questions and easy to understand responses by Mr. Prowse.

“This has been a valuable opportunity allowing us to reach people who might not come across our web site.  Andrea also raises new issues in our conversations.  Everyone learns something every time she has me on the show.  She’s great!” Stan Prowse.

About the Law Office of Stan Prowse.
Attorney Stanley has been practicing law for over thirty years. Stan is a graduate of J.D. Harvard Law School ’73, M.A. Columbia University and B.A. Yale University. Stan has also served as a Mediator, Judge Pro-Tem and is a Certified Family Law Specialist, Licensed to practice in California, Maryland, Washington D.C., & Georgia.

About the Andrea Kaye Show – Financial News and Talk radio
The Andrea Kaye Show is a unique “variety hour show” unlike anything broadcast in San Diego and Southern California.  Andrea Kaye, “Dynamite in a Dress”, is an actor, on camera spokesperson and host. The Andrea Kaye Show combines business, political science and entertainment experience into an exciting hour of hot topics, political debates, celebrity interviews, entertainment reports, topical business discussions, contest prizes and more.

“Divorce is a painful subject that I had no personal experience with until recently through a close family member. Since The Andrea Kaye Show is a forum for both information and entertainment, I wanted to help others who were facing similar situations and didn’t know where to turn. I searched for months until I found the BEST family law attorney in San Diego to help my listeners with advice, tips and encouragement.”
Andrea Kaye

This podcast is coming soon on iTunes

You will find the Andrea Kaye and Stan Prowse Legal Eagle Radio Podcast on Stan’s website:    http://stanprowse.com

Or at these Feed or Podcast Links:

PodCast Legal Eagle Radio Show

Feed Legal Eagle Radio Show