La Jolla Post-Judgement Enforcement Lawyer
Experienced Representation After Your Divorce
After a divorce becomes final, it is normal to feel a sense of relief. Unfortunately, people don’t always comply with court orders regarding custody, spousal support, and child support. If the other party is not cooperating, you may not know where to turn. The La Jolla post-judgement enforcement attorney at Dan McCandless Law, APC can help you enforce the terms of your divorce agreement and related court orders.
If you need legal help, call (858) 266-9171 to discuss your situation with our attorney.
Motions to Enforce a Judgement
Although you may feel stressed, overwhelmed, and unsure of how to get the other party to cooperate with the terms of the divorce agreement, you do have legal options. When a court order is not followed, one option is to return to court to seek enforcement of the judgement. Our La Jolla post-judgement enforcement lawyer may be able to file a motion to demand compliance.
This may be the best course of action when the other party is:
- Not following the order for custody or visitation
- Not paying child support
- Refusing to turn over property
- Delaying the sale of marital property
- Failing to pay other obligations, such as marital debts
Once the motion is filed, a hearing date will be set for the request. The other party must be served with notice of the hearing. You will need to provide information and supporting documents to show that your ex-spouse is not complying with the order.
Is a Court Hearing Always Necessary?
While you may need to go to court to enforce some aspects of a family court order, it is not always necessary to have a hearing. For example, when one party fails to pay child support or spousal support, it may be possible to take action without a hearing. If your ex-spouse is not paying child support or spousal support, as required by your court order, our firm may be able to file a wage withholding order without having to appear at a hearing.
In this type of order, the other party’s wages may be garnished for the child support or spousal support that is owned. In addition to garnishing wages, it may be possible to collect what is owned by placing a lien on property or filing a motion for another collection action, such as levying a bank account for money owed to a former spouse.
Learn About Your Legal Rights & Options
This area of family law can be complex, and the outcome may depend on a variety of factors. It is important to get advice that is specific to your situation. Our La Jolla post-judgement enforcement attorney will listen to your situation, evaluate your circumstances, and advise you of the options for getting the other person to comply with the court order. We encourage you to schedule a consultation to learn about the options that are available in your situation.
Are you having trouble with enforcing a court order? Call (858) 266-9171 to discuss your options with a seasoned attorney.