Legal Question in Family Law in California
Enforcement of judgment
In 1988 the court entered a judgment that both father and mother are liable 1/2 each for college expenses. At the time my son was 4 years old. He is now in college and his father refuses to pay his proportionate share of the college expenses outlined in the judgment.This judgment was part of the property settlement agreement. How can I have this judgment executed? Must I go back through family court, go to civil court? I can't sue him in small claims court because in my state you can't serve a person who is out of state (he now lives in Georgia) unless it is related to real estate or a car accident).
Thank you for your assistance.
2 Answers from Attorneys
Re: Enforcement of judgment
I read Mr. Bors' reply and it is accurate. However, I think it should be pointed out that the divorce court where you obtained your judgment should still have continuing jurisdiction. So you could go back to that court and obtain a judgment on the amounts already owed to you, plus interest, then get interest on that judgment. This would give the GA atty a tidy package to register there and collect on.
I would also double check as to whether or not the college expenses were charactorized as additional child support. If that were the case, his GA employer would be required to honor a CA wage assignment order.
As far as future expenses, the CA court might be willing to listen to a request that your ex post a bond for future expenses.
Re: Enforcement of judgment
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and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
If the provision for payment of college expenses is in fact related to property distribution, as you say it is, and not child support, you can collect on your judgment of dissolution in the same manner as any other money judgment. You can only collected on the amounts as they actually come due. If you ex lives in Georgia, contact a lawyer there who is familiar with collections in general and family law judgments specifically.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.