9
Jul

Sometime it is not enough for former spouses to enter into a divorce decree to determine their support obligation and divide their assets and debts, one must be able to collect on the money orders/judgments. It is not unusual that people evade their legal responsibility to pay support or pay out the former spouse. Below are three ways that you can collect when the other party refused to comply and pay voluntarily.

• Wage Garnishment. If you are owed monthly child or spousal support from your ex, you can use an Income Withholding Order (IWO) to collect directly from your ex’s employer. IWO can be used for child support alone, or child support and spousal support. If you only have spousal support to collect, you can use the Earning Assignment Order. Be aware that if your ex is self-employed, it may be difficult to use this method since he/she is unlikely to voluntarily send you a portion of his/her paycheck.
• Abstract of Judgment. If your ex owes you a lump sum for property division, attorney fees or support arrears, you can record the money judgment on any real property in his/her name. This method secures your payment by putting a lien on the real property. In other words, your ex cannot encumber, sale, or refinance the property without first addressing the recorded Abstract of Judgment.
• Notice of Lis Pendens. Similar to an Abstract of Judgment, a “Lis Pendens” is short for Notice of Pendency of Action. By recording this on your ex’s real property, you are putting third parties on notice that there is a legal matter ongoing potentially involving this real property. If anyone purchases this property, they would take on the potential liability of the legal action. This method discourages any sale, refinance or mortgage of the subject real property between the former spouse and third parties while the legal action is ongoing.

Collecting on a money judgment or order in divorce cases can be complex and challenging.  If you sleep on your rights you may lose your rights.  Contact us today for a complimentary consultation.