Why is obtaining an order in a litigated matter only half the battle?
The other half is securing enforcement of those orders from the other side
What are generally two types of proceedings maintained to enforce orders of the court?
An action for contempt or orders designed to secure transfer of property from one side to the other
What is Family Code Section 290
Makes it clear that any judgment or order made or entered in famiy law proceeding is enforceable through the contempt proceeding
What is one of the most potent weapons in the courts arsenal against non complying parties?
What does Contempt of court deal with?
The fact that the party has chosen blatantly to disobey a court order.
A contempt proceeding is generally what in nature when its used to compel compliance with a court order?
Civil in nature
What four elements must be proven by the party filing an action for contempt?
1. Existence of a lawful order
2. Citee had knowledge of the order
3. Citee had ability to comply w/order
4. Willful disobedience of order by citee
Does Code of Civil Procedure section 1209.5 apply to spousal support?
What happens once the prima facie case for contempt has been made?
Burdern shifts to the citee to establish any defense he may have for this disobedience.
What are the possible penalties for contempt?
5 days in jail, a fine of $1K or both for each count of contempt
Family support order is enforceable in the same manner and to the same extent as one for?
What is a wage assignment or garnishment procedure?
A portion of a judgment debtor's paycheck is withheld by the employer and paid directly to judgment creditor in satisfaction of a money judgment
Does the court have discretion when it comes to issuing the wage assignment?
Who is the earning assignment order served on?
What does section 5241 provide?
Any employer who willfully fails to withhold and forward support pursuant to a valid assignment order entered and served upon the employer is liable to the obligee for the amount of support not withheld.
When are funds order disbursed from the child support security deposit account?
Court will order disbursement if a support order is 10 days or more late.
The Notice of Delinquency is prepared on what form?
Judicial Council Form
What does UIFSA stand for
United Interstate Family Support Act
Where is the support order filed once it has been properly registered?
In the appropriate court of the state in which the obligee resides
What does UIFSA apply to?
The registration and enforcement of out-of-state support orders and does govern the enforcement of support orders between California counties.
What is the most common procedure for collecting money judgments?
What is an abstract of judgment?
Recites basic provision of the judgment and then recorded in office of county recorder in any county where judgment debtor is suspected to own property. This judgment will automatically attach a lien to all property held by judgment debtor in that county and is subject to recordation
What is the purpose for appointment of a Receiver
To manage and control the piece of property for purposes of protecting its value and extracting sufficient funds from the property to assure satisfaction of the judgment.
Discuss a Writ of Possession?
If issued the levying officer may search for judgment debtors personal property and take it away or seize it and sell it at auction- proceeds would be used to satisfy judgement.
Who is a "Keeper"?
Person allowed by virtue of court process to come into debtor's place of business and intercept items of value when they are received for benefit of creditor.
What is the purpose of the Debtor's Examination?
To elicit the location and identity of assets that could be used to satisfy the debt.
What does SSMJA stand for?
Sister State Money Judgments Act
What is the SSMJA used for?
To enforce orders that are not necessarily for payment of support.