Legal Question in Family Law in Minnesota

Re: Obtaining a Judgement

Any unpaid obligation in your divorce decree, whether characterized as a property settlement or child support, can be reduced to judgment and collected by using ordinary creditor's remedies -- garnishing wages or a bank account, for example.

You can reduce the amount owing to judgment in one of two ways: (1) by bringing a motion in family court and requesting that you be awarded a money judgment for the amount due; and (2) by filing a claim in conciliation court and requesting a judgment for the amount of the unpaid obligation.

Moreover, if the obligation is characterized as child support in your decree, it can be collected through the child support office in your county. I would encourage you to first contact the child support office and try to secure their assistance. If they will not help (presumably because it is not an ongoing obligation, and arose under a temporary order, perhaps), then I would first opt for a motion in family court. Once you obtain a judgment, the judgment must be docketed, and thereafter you can obtain a writ and pursue the creditor's remedies available to any creditor. The court administrator in your county may be able to direct you to the proper forms for each step in this process. Indeed, most court's have a publication (usually give to people filing conciliation court claims) that give you some basic instruction in how to collect a debt.

Depending on the nature of the obligation, you can also request (as part of your motion in family court), that the obligor be found in contempt for failing to pay the amount due. This is a bit more complicated than merely seeking a judgment, since there are a number of technical, legal "hoops" you must successfully navigate if you intend to seek a contempt order. (Also, contempt is usually reserved for the collection of child support and maintenance from a recalcitrant party who has the ability to pay.)

If you do obtain a judgment, I think you will likely discover that getting a judgment is the easy part. Collecting, no matter how you do it, can be difficult if the obligor has untraceable cash income or a small bank account.

More facts would be required to give you a more complete and useful answer, but perhaps this can get you on your way.

Thank you for your question, and feel free to contact me if you have further questions.