How can I get my husband to pay per the divorce order? 7 Answers as of February 21, 2012

My ex-husband was ordered to pay half of the daycare and insurance. He has not paid. What can I do? Per the divorce court order, my ex-husband was to pay half of the daycare expenses and insurance premiums. He has not paid in years. What can I do?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You would best retain an experienced Family Law Attorney to represent you in your collection action. If you complied with the statutory notice requirements for the "add-ons", you can file an OSC re Contempt of Court against your ex-husband. Alternatively, you can file an Order to Show Cause to establish Arrearages, and upon the Court ordering the arrearages payable, you can apply for a Writ of Execution and have the Sheriff levy the Writ on your ex-husband's bank account.
Answer Applies to: California
Replied: 2/21/2012
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If you're referring to medical insurance for the children, then you can go to your local county Department of Child Support Services and ask that they file an enforcement action to collect the funds your ex refuses to pay. As part of that action, DCSS can seek contempt violations for each time your ex has refused to pay. If the court determines that your ex had the ability to pay, but simply refused, he can be punished by both monetary fines, and possibly even jail. Ask DCSS to help you. You also have the option to hire a local family law lawyer to pursue a compliance/contempt action against your husband. A private lawyer typically can provide better services than DCSS. However, DCSS is free.
Answer Applies to: California
Replied: 2/20/2012
Peyton and Associates | Barbara Peyton
You can file a motion with the court to have an arrearage determined. Then, if he is working or if you know where he banks, you can get a wage assignment to pay off the arrearage or levy on his bank account to collect.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Frances Headley | Frances Headley
You should seek a court order reducing the amount he owes to a sum certain that can then be enforced by you or the local child support agency. You should consult a family law attorney or facilitator about how to present your figures to the court.
Answer Applies to: California
Replied: 2/20/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You can take him back to court and get a judgment for the amount he owes and take it from his wages. You are able to garnish his pay.
Answer Applies to: California
Replied: 2/20/2012
Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
These are mandatory add-ons per Family Code section 4062 and payment is to be made pursuant to Family Code 4063. What that means in English is that you are required to present the back up information to the other side in a timely manner. This includes bills, invoices, evidence of payment, etc. The other parent is then obligated to reimburse you within thirty days. If you have provided the documentation to the other side you need to do one of two things. The recommended course of conduct is to file an Order to Show Cause to determine arrears and have the court reduce it to a number with a payment schedule. Once you have a number you can also obtain a Writ of Execution (Money Judgment) and/or file the form for a Judgment Debtor Examination to see what assets the other parent has so you can levy upon them. Another way to go less desirable but some courts allow it? is to file a Declaration with supporting documentation as to what was incurred, when, supporting documentation, and a bottom line number that you are owed. You may also request interest at the legal rate. File the Declaration together with a Writ of Execution which you want issued. If the Writ is issued, you can have it served on the other parent?s bank or levy on any assets. You can have a car picked up if it has a value of more than $1,000 but you?ll have to advance about $900 to do this which you should get back. Caution however that if money is owed on it and the car is sold, the first proceeds will go to satisfy the loan. There are also private child support collectors you can use but their fees range from about 1/3 to ? of what they recover so be careful.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Return to court on a motion to establish arrearages and payment of those amounts due. Keep in mind you are entitled to interest on any unpaid arrearage.
Answer Applies to: California
Replied: 2/20/2012
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