Legal Question in Credit and Debt Law in New York
unified enforcement of foreign judgement act and alimony collection
What are all the means available in Kentucky for the enforcement of a judgement obtained in New York for the collection of alimony payments. The law is very forceful in executing a judgement for the collection of child support payments. Is it less so for ex-spousal maintenance?
Specifically, are the following instruments available for judgement execution in KY: (1) garnishment of wages (2)collection from retirement funds ie Sep-ira (3) liens on property (4) others ?
Thank You
1 Answer from Attorneys
Re: unified enforcement of foreign judgement act and alimony collection
Once the New York judgment is "localized" in Kentucky,
a variety of collection procedures are available. The
debtor's wages can be garnished. A lien can be placed on
any real property he owns. Money in bank accounts can be
seized. The sheriff can seize and sell his non-exempt
personal property.
Pensions are largely exempt under Kentucky law, so attempting
to seize money from a pension fund may not be possible depending
on the circumstances.
Generally speaking, there are now more avenues to collect back
child support, including criminal prosecution in some circumstances,
than to collect other debts, including debts for maintenance.
That said, an aggressive creditor has a number of avenues in Kentucky
to collect on judgments and can use post-judgment
discovery to force the debtor to answer questions under
oath about his/her assets.
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Garnishment of income can pensions be subject to garnishment? Asked 1/23/02, 11:57 am in United States New York Credit, Debt and Collections Law