Enforcing California Divorce Agreements
By Widger & Widger, APLC
May. 31, 2013 3:58p
Divorce agreements may contain judgments concerning child custody, child support, and spousal support. These are court orders which are intended to be followed and, where they are not, certain legal measures can applied against the non-compliant party. Where an individual fails to comply with a valid court order, such as an order for the financial support of a child or ex-spouse or in violation of custody orders, he or she may be subjected to a contempt of court charge. This can result in jail time and fines.
Whenever a California court creates or modifies a support order, it includes an order for what is referred to as a wage or earnings assignment to the employer of the person who is required to pay support. This means that the employer can make direct payments out of the individual's paycheck to the recipient of the support order should the paying spouse fail to make regular payments. Another legal measure that can be taken against a spouse who fails to make support payments is called a writ of execution. This involves a petition to the court for the seizure and sale of the property, assets, or bank accounts of the delinquent spouse in order to pay any larger sums of accumulated past-due support. Per California Family Code Sections 4560, 4561, and 4570, courts may also require a deposit of up to a year's payments into a bank account which will fund monthly child support payments. This type of enforcement is typically used in the case of an ex-spouse who has a history of changing jobs or who has his or her own business or is self-employed.
Divorce Lawyer in Culver City, California
The problems related to divorces do not always end with divorce agreements and judgments finalized by the courts. Enforcement and modifications of those orders may be required in ensuing years on behalf of one or the other spouse and / or the children involved. As noted above, legal remedies exist for the enforcement of child and spousal support orders. Changes to those orders may also be requested through formal petitions to the court. All of these matters require legal action which can be accomplished with the help of a reliable and experienced attorney.
Widger & Widger, APLC is a divorce and family law firm serving Culver City and the greater Los Angeles area. The legal team has more than 18 years of combined experience in the local courts handling all types of divorce and family law issues, from complex cases of contested divorce to paternity, premarital agreements, legal separation, fathers' and grandparents' rights, domestic violence, annulment, and more. The firm is devoted to excellent legal service, whether that involves mediation outside the courts or aggressive courtroom litigation. The attorneys fully understand what is at stake in every divorce or family issue and work hard to help you achieve the results you seek. To learn more,
contact the firm to schedule a free case consultation about your divorce or family law issue.
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