What Is Post-Judgement Enforcement?
After your litigation is completed, your former spouse may not necessarily comply with the court’s orders. In that case, it is necessary to retain an attorney to enforce the judgement. There are two main instances when post-judgement action is necessary: (1) when a party is violating a prior court order and an enforcement action needs to be filed; and (2) when a parent’s circumstances have changed significantly requiring modification of child custody, child support, or spousal support orders. Modifications are granted only if it can be shown that there has been a substantial change in circumstances to warrant the modification.
Our Approach to Post-Judgement Enforcement
We approach both enforcement action and modification with great care. With enforcement action, if the other party is not following orders, you have the ability to ask the court to enforce them. Available enforcement options include filing a Wage Assignment for payment of support, filing a motion to enforce specific terms of an order, and filing a contempt action (which is a quasi-criminal action) which could result in monetary sanctions as well as possible jail time.
At Gilligan, Frisco & Trutanich, LLP, we offer a comprehensive range of legal services to address our clients' family law issues.
How Post-Judgement Enforcement Works
Regarding modification, if circumstances have significantly changed for you or the other party from the time of the original custody or support order, the order may be modified by filing a post-judgment motion. A support modification action may be appropriate under the following circumstances:
- You are earning less income.
- You lost your job.
- You are about to retire or have retired.
- The other party’s income has increased.
- The other party is cohabitating.
- Your timeshare with your child(ren) has gone up.
- You have one or more new children.
A custody modification is another type of action and may be appropriate for the following reasons:
- A child’s preference to modify the custody arrangement.
- A parent seeks to move away with the child(ren)
- A child is doing poorly, having emotional or substance abuse issues, due to actions by the other parent.
- A change in a parent’s availability to visit with the child(ren) due to work schedule change or moving closer to the other parent.
FAQs About Post-Judgement Enforcement
When is a post-judgement action necessary?
There are two main instances when post-judgment action is necessary: (1) when a party is violating a prior court order and an enforcement action needs to be filed; and (2) when a parent’s circumstances have changed significantly requiring modification of child custody, child support, or spousal support orders.
When can I start collecting child support?
You may start collecting your settlement as long as the judgement has been entered and your former spouse does not appeal it.
How do I collect unpaid child support?
You can file a motion to garnish your spouse’s wages, hold them in contempt of court, and even pursue jail time. Call our office for more information.
Is there a statute of limitations on my support order?
In the state of California, you must file a payment request no later than three years from the date it was due.
100+ Years Collective Experience
Gilligan, Frisco & Trutanich, LLP, was co-founded by John J. Gilligan, who has been practicing family law in Long Beach since 1981. Janine M. Frisco is also a partner, as is Kristin Trutanich. Together, they are the area’s most comprehensive legal stronghold.
GFT has helped individuals and their families surmount their legal difficulties for the past several decades. We are proud to serve Southern California, and have the dedication and experience required to handle every type of issue.
The Team of Attorneys You’ve Been Looking For
Our experienced team of professionals will guide you through life’s murkiest waters. At Gilligan, Frisco & Trutanich, LLP, we have the resources needed to represent clients in all aspects of family and criminal law.Contact Us
We have two offices conveniently located in Long Beach & Palos Verdes. We represent clients in courts throughout Los Angeles, Orange, and Riverside counties.
Long Beach Office
One World Trade Center, Suite #1740
Long Beach, CA 90831
Palos Verdes Office
2516 Vía Tejon, Suite 309
Palos Verdes Estates, CA 90274