Post-Judgement Enforcement

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.

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.

Custody Modifications

A custody modification is another type of action and may be appropriate for the following reasons:

  1. A child’s preference to modify the custody arrangement.
  2. A parent seeks to move away with the child(ren)
  3. A child is doing poorly, having emotional or substance abuse issues, due to actions by the other parent.
  4. 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.

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.

Custody Modifications

A custody modification is another type of action and may be appropriate for the following reasons:

  1. A child’s preference to modify the custody arrangement.
  2. A parent seeks to move away with the child(ren)
  3. A child is doing poorly, having emotional or substance abuse issues, due to actions by the other parent.
  4. 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.

Our Family Law & Divorce Attorneys

When you’re going through a tough time, you need a full team on your side. Our five-attorney firm has all of the resources to attend to our clients’ needs.

John J. Gilligan, CFLS

John J. Gilligan, CFLS

John J. Gilligan, CFLS has practiced family law for 39 years and handled over 7500 family law matters. He sits on the Family Law Executive Committee for the Los Angeles County Bar and donates several hours of his time each month to the court system as a mediator and Judge Pro Tem.

 

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Janine M. Frisco

Janine M. Frisco

Ms. Frisco’s first preference is always to mediate spousal, financial and custody issues, she is also a staunch advocate for her client’s and a relentless opponent in a court of law. Ms. Frisco regularly litigates complex trials, acts as a mediator for both parties, and collaborates when the parties pursue collaboration.

 

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Kristin Trutanich

Kristin Trutanich

Kristin Trutanich is a trial attorney with over 13 years of litigation experience. Prior to joining Gilligan, Frisco & Trutanich, Ms. Trutanich was a Deputy District Attorney with the Los Angeles County District Attorney’s Office. As a Deputy District Attorney, she tried over 70 jury trials involving domestic violence etc.

 

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Michael Sarris

Michael Sarris

Michael Sarris specializes in California family law with extensive experience in the areas of child support, child custody and visitation, spousal support and community property division. Mr. Sarris founded the Law Offices of Michael Sarris.

 

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Wendy K. Tse

Wendy K. Tse

Family law attorney, Wendy K. Tse, has practiced family law exclusively since 1998. Ms.Tse specializes in and has extensive experience with matters pertaining to California divorce, contested custody disputes, child support, spousal support etc.

 

LEARN MORE

Our Family Law & Divorce Attorneys

When you’re going through a tough time, you need a full team on your side. Our five-attorney firm has all of the resources to attend to our clients’ needs.

John J. Gilligan, CFLS

John J. Gilligan, CFLS

John J. Gilligan, CFLS has practiced family law for 39 years and handled over 7500 family law matters. He sits on the Family Law Executive Committee for the Los Angeles County Bar and donates several hours of his time each month to the court system as a mediator and Judge Pro Tem.

 

LEARN MORE

Janine M. Frisco

Janine M. Frisco

Ms. Frisco’s first preference is always to mediate spousal, financial and custody issues, she is also a staunch advocate for her client’s and a relentless opponent in a court of law. Ms. Frisco regularly litigates complex trials, acts as a mediator for both parties, and collaborates when the parties pursue collaboration.

 

LEARN MORE

Kristin Trutanich

Kristin Trutanich

Kristin Trutanich is a trial attorney with over 13 years of litigation experience. Prior to joining Gilligan, Frisco & Trutanich, Ms. Trutanich was a Deputy District Attorney with the Los Angeles County District Attorney’s Office. As a Deputy District Attorney, she tried over 70 jury trials involving domestic violence etc.

 

LEARN MORE

Michael Sarris

Michael Sarris

Michael Sarris specializes in California family law with extensive experience in the areas of child support, child custody and visitation, spousal support and community property division. Mr. Sarris founded the Law Offices of Michael Sarris.

 

LEARN MORE

Wendy K. Tse

Wendy K. Tse

Family law attorney, Wendy K. Tse, has practiced family law exclusively since 1998. Ms.Tse specializes in and has extensive experience with matters pertaining to California divorce, contested custody disputes, child support, spousal support etc.

 

LEARN MORE

100+ YEARS COLLECTIVE EXPERIENCE

Our Law Firm’s History

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.

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.

Office
Locations

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
Telephone: (562) 431-2000
FAX: (562) 431-2100

Palos Verdes Office

2516 Vía Tejon, Suite 309
Palos Verdes Estates, CA 90274
Telephone: (310) 237-9001
FAX: (562) 431-2100