How can I go about enforcing divorce settlement agreement? 8 Answers as of July 25, 2012

How long do I wait after the Judge signs off on divorce settlement agreement before seeking to enforce it and what forms do I file for it?

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Peyton and Associates | Barbara Peyton
You might need an attorney to help you take action to collect amounts owed on a divorce judgment. It isn't simply "form" work. You have to wait until the time to appeal the judgment has passed.
Answer Applies to: California
Replied: 7/25/2012
Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
You don't need to wait. If its financial then file a judgment lien or abstract of judgment. If its custody issues try to work out or modify the order before you start filing in court.
Answer Applies to: California
Replied: 7/25/2012
Attorney At Law | Harry D. Roth
It depend upon what part of the settlement you are discussing. Support payments can be enforced by getting an Earnings Withholding Order. You can also go to the DCSS (Child Support Services) of your county and ask them for help. Property settlements have to be enforced by you. If the settlement was reduced to a dollar amount, then you must find something of his and have it seized and sold. Wage garnishments are good. Bank account seizures are good. If it is an award of specific property, then the methods vary with the type of property. A retirement division should be enforced by a separate court order called a Qualified Domestic Relations Order (QDRO). Good luck.
Answer Applies to: California
Replied: 7/25/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
In order to answer this question, please provide more information. What provision of the MSA are you trying to enforce? As a general rule, you send a demand for compliance with the agreement prior to filing an action.
Answer Applies to: California
Replied: 7/25/2012
Steven Alpers | Steven Alpers
You must wait 60 days, the appeal time, before enforcing anything except for support order.
Answer Applies to: California
Replied: 7/25/2012
    Law Offices of Frances Headley | Frances Headley
    Unless the court has ordered a stay of execution, the judgment is immediately enforceable. What forms or procedures are necessary depends upon what you are trying to enforce. You should consult a family law attorney to determine what forms are necessary.
    Answer Applies to: California
    Replied: 7/25/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the settlement has a date by which compliance is required, you can file after that day passes. The forms you need to file will depend on what you are trying to enforce. Normally, it will be a Request For Orders.
    Answer Applies to: California
    Replied: 7/25/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You may enforce the terms of the Judgment as soon as it is signed and filed. Enforcement depends upon what you are looking to enforce.
    Answer Applies to: California
    Replied: 7/25/2012
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