Writ for Support

May 17, 2011

I recently filed for a writ of execution to help a mother garnish the wages of her ex spouse under a spousal support judgment. The judgment was quit old. It was initially rejected because on the writ, it did not state that it was for support. Clerks at the court along with those in the [...]

Comments Off

Child Support Judgment Enforcement

August 7, 2010

There is no statute of limitation on support judgments now. Rather support judgments are enforceable until paid in full or otherwise satisfied under Family Law Code Section 291(a) and may be enforced without regards to renewal. In accounting for payments made for support judgments, the payments must be applied against the current installment due first, [...]

Comments Off

Earning Order For Support

August 6, 2010

A judgment debtor’s earnings may be withheld to satisfy a support judgment pursuant to an earnings assignment order for support (Fam. C. Section 5200). Earning assignment orders have priority over any type of earnings withholding order (California Civil Procedure 706.031) are a remedy exclusive to court ordered support obligations and are NOT governed by the [...]

Comments Off

Simple Dissolution

March 5, 2010

A Summary Dissolution of Marriage is the cheapest and simplest way to get a divorce in the state of California. This method is very limited and can only be used by a married couple which meets the following requirements: 1. The parties have been married less than five (5) years as of the date the [...]

Comments Off

Alienation of Affections

February 10, 2010
Tags:

Alienation of Affections is a common law, tort action brought by a deserted spouse against a third person alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically the person your spouse was having the affair with. However, the defendant can also be family members, [...]

Comments Off

Consequences of Entry of Default

February 9, 2010
Tags:

Once the court enters default against a party, they are prohibited from making arguments or advancing their side of the story. The only way they can circumvent this is to file a motion to set aside the default. They will have to request the court for a motion hearing date, pay their $40 filing fee, [...]

Comments Off

Fighting Request for Entry of Default

February 4, 2010

Once you have been served with a petition for dissolution or a summons and complaint, you normally have 30 days from the date you were personally served with the documents, to file your answer with the Court. Your answer can be a simple denial of all the claims or assertions alleged against you. The court’s [...]

Comments Off