Family Law Set One.txt

The other half is securing enforcement of those orders from the other side

An action for contempt or orders designed to secure transfer of property from one side to the other

Makes it clear that any judgment or order made or entered in famiy law proceeding is enforceable through the contempt proceeding

Contempt

The fact that the party has chosen blatantly to disobey a court order.

Civil in nature

• 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

No

Burdern shifts to the citee to establish any defense he may have for this disobedience.

5 days in jail, a fine of $1K or both for each count of contempt

Child Support

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

No

Obligor's Employer

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.

Court will order disbursement if a support order is 10 days or more late.

Judicial Council Form

United Interstate Family Support Act

In the appropriate court of the state in which the obligee resides

The registration and enforcement of out-of-state support orders and does govern the enforcement of support orders between California counties.

Execution

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

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.

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.

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.

To elicit the location and identity of assets that could be used to satisfy the debt.

Sister State Money Judgments Act

To enforce orders that are not necessarily for payment of support.