How do I collect?

[oreilly72]

Sorry, just trying to help you, really. I just don't understand that guy's attitude.

That aside (for good, now, no matter what he comes up with I'll leave it alone ), I totally understand the lack of funds for an attorney... but if you had one in the divorce, give the guy a quick call and see if he might be willing to handle it as an "add on" to the divorce... or if he'd be willing to work something out with you until you can get the attorney fees reimbursed by your ex. Like I said (and I promise I'm not steering you wrong on this), since you already got a judgement and he's not paying, unless he pays before some pre-set deadline then he is in contempt of court (so can be fined). AND more importantly to you, he IS responsible for any legal fees you incur if he puts you in a position where you are force to take him in to court to have the judgement enforced. When you win, they can likely garnish his wages for the judgement right along with the child support. Those decisions are made based on the payee's unwillingness to take care of it on his own.

I hope you can get it all worked out. Good luck.

 

[I AM ALWAYS LIABLE]

1. You're overboard.

2. You're a jackass. Stop scaring the woman and let her check it out on her own before you go making your genius "legal" assumptions.

Calm down... valium, warm milk and a nap, whatever, but shut up already.

My response:

I was waiting for you to hang yourself. You can't even give me a LEGAL authority for your proposition that you can obtain an "injunction" to stop someone from filing Bankruptcy. That's because there is none, idiot stick!

Here, chomp on this:

Federal courts have exclusive and final authority to determine the scope (or "reach") and application of the automatic stay. A state court judgment purporting to determine the stay does not apply to a particular state court proceeding or to otherwise modify or dissolve the stay is not binding on bankruptcy courts. [In re Gruntz 202 F.3d at 1083-1084, 1087--state court that proceeds without obtaining bankruptcy court permission "risks having its final judgment declared void"; see also Marriage of Sprague & Spiegel-Sprague, supra, 105 Cal.App.4th at 219-220, 129 Cal.Rptr.2d at 264-265]

The discharge of debts in bankruptcy operates as an injunction prohibiting the affected creditors (INCLUDING FORMER SPOUSES) from thereafter taking any action to collect or recover the debt. [See 11 USCA § 524; In re Siragusa (9th Cir. 1994) 27 F.3d 406, 407; Marriage of Lynn (2002) 101 Cal.App.4th 120, 125, 123 Cal.Rptr.2d 611, 615]

What a dufus. You can't ENJOIN someone from exercising a right given to them by Congress.

So much for you giving FALSE HOPE to our writer - - you friggen idiot. Try reading the law, and the cases, BEFORE you mislead someone!

IAAL

 

[crafty lady]

How about spousal support?

I appreciate both of your answers. Since I am not a lawyer I don't know what to believe...
I just got a copy of the "Ruling and decision on submitted matter" from the court today and there is a section that says under "Fee award" the following:
As and for spousal support, and as a contribution towards attorney fees, it is ordered that Respondent shall pay to counsel for Petitioner the additional sum of $_________due forthwith. There is also a section that states under "Property" : The court finds that Petitioner has paid separate property funds towards community debts, and so equalized the division of community property, and to restore separate property payments to Petitioner, it is ordered that Respondent shall pay to Petitioner: $________due forthwith.

So if an injunction can't stop him from walking from this judgement then I guess all I can rely on is the child support. What a great Dad and husband he turned out to be! I think he has more capability of paying the bills than I do. The difference between him and me is I set my priorities on my obligations and paid my bills before I do or get anything for myself. I have always had good credit. Perhaps not good judgement in picking someone who did not. By the way, he lives at home and pays no rent!!!