Legal Question in Family Law in Arizona
Intercepting Miscellaneous Income for Debt
I have a California Court Order for child support to be paid by my ex who lives in Arizona. He is in arrears over 20K. He has been able to own a home, a business, without paying any lump sums toward the arrears. He is about to come into a large inheritance and I want to be able to collect the money he owes me. What can I do to make sure the money is intercepted by the court and his debt to me is paid?
2 Answers from Attorneys
Re: Intercepting Miscellaneous Income for Debt
In a general sense, you have to become pro-active in collecting upon your judgment. It will not be intercepted by the court automatically as you suggest. I would start with a motion to determine support arrearage, including statutory interest (10% per annum in California). Once there has been a judicial determination of the exact amount of the arrearage in support and interest, I would go from there.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Intercepting Miscellaneous Income for Debt
Sent 11/29/2004
You can seek a Court Order placing a lien against those proceeds.
I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour telephonic consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
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JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
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