Legal Question in Family Law in Alabama
how do i collect on a judgement?
ok my question is i give custody to my ex husband.and i was ordered to pay 205.44 per month ,but he was 65,143.37 that he owed in back support. now the judge is taking the support i owe each month of off his 65,143.37. so i dont have to pay support..but my question is how do i get him to pay the remaining amout owed to me.are their papers i can file my self..the childrens ages are 11 and 13teen.i was awarded ajudgement against him. but how do i collect .it is hard for me to have to go all the way to alabama.so can i get forms to do this .i dont know anything about the law but heir has to be away to make him pay what is owed ...thank you for your time.
-name removed--
7/20/2001
2 Answers from Attorneys
Re: how do i collect on a judgement?
In order to answer your question, a lawyer would have to know more information such as what state the judgment is in and what state the child is in. Under TN law, I believe he owes the back support to you and you may need to reduce the arrearage to judgment and collect as you would any other judgment. If your ex-husband has income and / or assets you might be able to hire a collection lawyer or a family lawyer to attempt to collect the judgment on a contengency fee basis rather than a large up-front retainer fee.You may even be able to enforce the order through the court's contempt powers, but I do not think that is likely, because you apparently did not attempt to do so when you had custody and now the children are with him. Good luck.
Re: how do i collect on a judgement?
your question is not easily answered without further information, however, child support in alabama becomes a judgment as it becomes delinquent. a judgment may be satisfied by execution on real and personal property belonging to the debtor (less mortgages and liens etc), however the child support is actually the property of the child and you have evidently made a deal or some agreement regarding your x-husbands arrearage as it relates to your current support. if you breach your part of the deal (if there is one) then your x husband may be able to collect child support from you on a current basis. there are not enough facts known in your question to give a good answer, but i hope that these general concepts will help you.