Legal Question in Family Law in California
collecting alimony
I live and was divorced in Alabama. My ex husband lives in California. He has never paid any of the alimony agreed on. Must I get a Alabama attorney or California attorney. I know he doesn't have the total amount owed but he does have assets and wanted to know HOW I go about getting a lein on his property and assets. Maybe that will shock him imot paying the alimony monthly. Thanks
3 Answers from Attorneys
Reply: collecting alimony
If he resides in California, you need to register your Alabama Judgment in California, and then execute on it. Having done this before, I can tell you that it will be helpful to have a copy of the Alabama interest statute, as interest accumulation may be at a different rate than California (10%). You need to start with a certified copy of your divorce decree in Alabama, and a certified copy of any court document that states how much in arrears he was at any given time, if such a document exists.
Then you need to consult with an experienced California family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: collecting alimony
You should retain an attorney in the county that your ex currently resides or the county that he owns property. You can not only obtain a lien, but you also may be able to foreclose on the real property if there is more than $75,000 equity. You can also obtain a wage assignment and possibly collect attorney's fees for the collection process. Good Luck, Pat McCrary
Re: collecting alimony
Yes, you can get your money through liens and other methods. You would need a California lawyer. I often take these kinds of cases, sometimes on a contingency fee (you would pay only as a percentage of the monetary recovery). If you like, you may write back with more information such as the amount owed, the location of the court where the court order is, his location, and the property, employment or other source of potential recovery.