Legal Question in Family Law in California
As part of my divorce, my ex-husband was ordered to pay me $25,000 in (a lump sum of $12k and then $1k a month for the next 13 months) in our divorce decree. He paid $17,000, but then quit making payments all together. Can I file a Writ of Execution for this judgment? he still owes me $8,000 plus interest. Our divorce was finalized in October of 2008. To complicate the matter, I now live in Ohio, and he still lives in California.
2 Answers from Attorneys
A judgment in family law is just as collectible as any civil judgment. Assuming that he has property with sufficient equity to satisfy the obligation, you can obtain a writ of execution and have the Sheriff levy on property that he owns.
While Mr. Roach is correct, a quicker route might be to file for an Order to Show Cause why he should not be jailed for contempt off court. Unlike most judgments, Family Law judgments are enforceable as order, as well as judgments, and can be the subject of a contempt proceeding.
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