Sometimes after a judgment has been entered in a family law matter, a party fail and/or refuses to comply with orders to pay support. In this kind of situation, the property of the party who fails to pay support can be levied. You will need a divorce lawyer to help.
In family law cases, the party who is ordered by a judgment to pay spousal support or child support is called a “judgment debtor.” The party who is to be receiving such payments is called the “judgment creditor.” When the judgment debtor does not comply with the payment orders, the judgment creditor may obtain a writ of execution, which requires the county sheriff to enforce the judgment. [California Code of Civil Procedure Sections 669.510(a) and 699.520]
The levying officer levies upon the property by either taking it into custody or placing a lien on it. [California Code of Civil Procedure Sections 700.015 et seq.] Then the property may be sold or disposed of to satisfy the judgment. [California Code of Civil Procedure Sections 701.510 et seq.] After the property has been levied, the judgment debtor will be served with a Notice of Levy. The judgment debtor has 10 days to file any claim of exemption when he claims that the property cannot be levied. If the judgment creditor opposes the claim of exemption, the court will have a hearing on the issue.
Properties that can be levied include any deposit accounts, vehicles, jewelry, even funds held in an IRA. But do not forget that a claim of exemption may apply. The current dollar amount of exemptions from enforcement of judgments can be found in California Code of Civil Procedure sections 703.140, 703.150, and 704.010 et seq.
It is important to have an experienced divorce lawyer who knows how to enforce a judgment and levy on a judgment debtor’s property. Wallin & Klarich has experienced Orange County divorce lawyers who can help you. Call toll free at 888-749-7428 to speak with a lawyer today.
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