Renewing a Family Law Judgment

A money judgment from a family law case does not expire. The judgment is active and valid until all monies have been paid in full. There are reasons, however, to have your family law money judgment renewed. Family law judgments accrue interest at the rate of 10% per year. For example, if you have a judgment for $20,000, the annual interest would be $2,000. After 5 years with no payments, the amount owed would be $30,000. If you were to have the judgment renewed, all of the money owed would become the new principle. In the example above then, the new principle is $30,000. So, the interest added each year thereafter would be $3,000 instead of $2,000. There is a filing fee, and you must renew the judgment within the first ten years after the date of the judgment. The debtor must be served with the new judgment and will have thirty days to file a motion to vacate or modify the renewal. If you received a judgment awarding you money in a family law case and have not received full payment, contact our office today. Judy L. Burger is known for aggressively representing clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. Call today to learn more about how we can help at (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online using our confidential inquiry form.

What Are Your Options When A Former Spouse Refuses to Pay?

What are your optionsSometimes family law judgments are even harder to collect than regular debts because of the unpleasant emotions attached to the judgment in the mind of the payer. The anger and bitterness that develops during divorce or custody proceedings often continues, even after the court battle is over. If your former spouse or partner was ordered to pay money directly to you, his or her emotions can blur logic and lead to refusal to pay. If this situation is all too familiar to you, and your best efforts to work out payments have failed, then it is time for you to contact an aggressive family law attorney to help you collect. Clients frequently call on us for help to enforce payment of family law judgments. When we first meet with you, we will gather information about your case and explain your options.  Here are a few things we may recommend, depending on your circumstances:
  1. Using legal discovery methods to gain information about the former spouse’s assets. Before attempting to collect, we’ll need to know what assets he or she has that may be subject to levy or seizure.
  2. Placing a lien on the delinquent payer’s real estate.
  3. Placing a lien on the delinquent payer’s personal property.
  4. Seeking an Earnings Withholding Order to get part of the delinquent payer’s wages directly from his or her employer.
  5. Seeking to levy the delinquent payer’s bank accounts.
These are just a few of the options for collecting money owed on a family law judgment. If you are having difficulty getting your former spouse or partner to pay, contact our office today. Judy L. Burger is known for her tenacious representation of clients in highly contested family law cases in and around the San Francisco Bay and Sacramento areas.  If you need help enforcing a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

Common Defenses Against Collection of Family Law Judgments

BrokeIf you are the debtor in a family law judgment case who needs to defend against a collection action, your attorney may choose from a variety of options in your defense. One of the tools used to defend collection by way of garnishment is a Claim of Exemption. Your attorney will prepare a document explaining why your wages should be excluded. Certain types of income and property are exempted from garnishment by law. After your attorney files your claim of exemption, the other party has ten days to oppose your claim. Similarly, you can claim an exemption on certain types of property if a judgment creditor is seeking to impose a levy on your real or personal property. The claim of exemption should be prepared by your attorney, who knows which types of income and property are excluded from being subject to a levy. If the other party submits a timely response to your claim of exemption, then the court will schedule a hearing and a judge will make the final decision regarding the exemptions. If you are facing garnishment or levy, or if you are seeking to collect money from a family law judgment, call our office today. Judy L. Burger is known for her aggressive representation of clients in and around the San Francisco Bay and Sacramento areas.  If you are dealing with either side of a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

Collecting Money Owed to You from a Family Law Judgment

MoneyIf a former spouse or partner owes you money based on a judgment in a family law case, it is important for you to know that in California the collection of money from a family law judgment is the responsibility of the person to whom the money is owed. In other words, if you don’t take steps to enforce payment, the court won’t do it for you. You can begin collecting as soon as a money judgment is entered. Filing an appeal or a bankruptcy petition will not release the payer from the responsibility to pay judgments related to family support. If the responsible party fails to pay you on or before the court-ordered deadline, you should take steps to seek payment. Statistically, the longer a debt is owed, the harder it is to collect. Don’t waste precious time wondering whether you should do anything. If a court ordered your former spouse or partner to pay, then he or she should be required to do so. Most importantly you should contact an aggressive and caring family law attorney. The sooner you contact us, the sooner we can get started on a plan to collect the money you are owed. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are having difficulty collecting a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

A Problem Same-Sex Couples May Not Have Considered

GayMarriageMany couples rushed at the chance to get married when Massachusetts passed a law allowing same-sex marriages back in 2004. From all over the country, couples flew to Massachusetts, staying only long enough to get married before returning to their home states. Unfortunately, just like many heterosexual marriages, things don’t always work out and many same-sex partners have decided to go their separate ways. This is where some same-sex couples are running into a problem. If the state where a same-sex couple resides still does not recognize same-sex marriages, then the couple cannot get divorced. The obvious rationale is you can’t get divorced if you are not legally married. In order to get legally divorced, a same-sex couple must seek a divorce in a state where the union is recognized. Most if not all states require residency for a minimum period of time before you can seek a divorce. So, if a couple weds in Massachusetts but lives in Mississippi and they later decide to call it quits, they are typically stuck in the legal union, at least until they devise a solution to the lack of jurisdiction problem so they can get divorced in a same-sex marriage state. Thankfully, California provides an option for same-sex couples who got married in California but now live in another state. Same-sex married couples who got married in California but now live in another state that does not recognize same-sex marriages can file for divorced in California, despite California’s standard residency requirements for divorce. If you need assistance getting divorced from your same-sex spouse, contact us to learn more about the filing requirements and limits on the court’s jurisdiction. At the Law Offices of Judy L. Burger, we aggressively pursue the best outcome for you in your divorce or custody proceedings. Judy L. Burger is known for her effective representation of clients in complex family law cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

Standard Child Abuse and Neglect Legal Procedures in California

ChildofDivorceWhen someone files a credible report regarding a child in danger, an investigation must be conducted by either a social worker or the police. They will decide if the child appears to be in imminent danger and whether it is necessary to remove the child from his or her home. Police or the social workers may decide that a child should be placed in temporary foster care for his or her safety if they believe the child was neglected, molested, or abused. The child may be sent to live with a relative, to the other legal parent if the parents do not live together, or to a foster home or shelter. Once a child is removed from the home, social services should conduct a deeper investigation about the home environment, the parent or other caretakers, and the child. After an investigation, social services will make recommendations regarding what action they consider to be best for the child’s safety and personal wellbeing. They may recommend filing a petition in court to have a child declared “dependent.” If you believe you have been wrongfully targeted by social services and need someone on your side to fight for you and your child, seek the help of an experienced family law attorney as soon as possible. A delay could be used against you by social services later. At the Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings.  Judy L. Burger is known for taking a firm stand in representing clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  Contact us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

Basic Information About Child Support in California

safe and happyChild support is an amount of money a court orders either one parent or both parents to pay every month to help pay for the care of their child or children. Child support is normally ordered after a petition for divorce is filed, and usually the non-custodial parent pays child support to the custodial parent.

Misconceptions abound regarding child support. Some noncustodial and custodial parents alike think the money is intended to help support the custodial parent. Others believe that child support should be put in a separate account to be used only for the children’s direct expenses, and still others believe every penny should be accounted for on a monthly basis. None of those misconceptions are true.  The broad purpose of child support is to help provide for the needs of the children, which means it may be used to help pay for rent and utilities, groceries, clothing, and so on.  A child support recipient does not normally have to account for how the money was spent. If you feel you are getting the short end of the stick where child support is concerned, then think about the long-term costs that will accrue over the years your children are entitled to support. Paying for competent, aggressive representation now is worth every penny. Like the old adage, when it comes to legal advice you get what you pay for. If you need an advocate on your side to fight for the outcome that is right for you and your children, contact an experienced family law attorney to petition the court on your behalf. The Law Offices of Judy L. Burger will aggressively pursue the best outcome possible for you in your child support proceedings. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce, custody, or child support dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

What to Look for in a Divorce Attorney

Woman in target

Finding the Right Attorney

Family law matters usually involve highly charged emotions as people deal with the fallout from a broken marriage, a messy divorce and ongoing custody issues. When emotions run high, it’s critical to have an attorney who can clearly explain the ground rules and impart confidence that your case is being handled effectively.

Knowing What to Look For

Here are some tips to help you find the right lawyer for you:
  • Experience Counts. Find out how long the prospective attorney has practiced family law in California and approximately how many such cases he or she has handled.
  • Resources Count. Find out whether the prospective attorney has sufficient resources to handle your case efficiently and effectively.  For instance, if your attorney carries a large caseload, he or she should have a sufficient number of assistants to help manage the caseload.  Alternatively, if the prospective attorney has a light office staff, does he or she use technology to help manage the load?
  • Personality Counts. You should perceive that a prospective attorney is prepared to be a strong advocate and is willing and able to fight for the best outcome possible for you.  Personalities vary greatly among attorneys, as with any other profession, but mid-divorce is not the time to wish your attorney were more aggressive.
Choosing the right attorney in the beginning can save you a lot of time and stress and allow you to get on with your life as quickly as possible. At the Law Offices of Judy L. Burger, we will effectively and efficiently pursue the best outcome possible for you in your divorce or custody proceedings. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form

What are the Basics of an Annulment in California?

OopsWe recently discussed the ongoing saga of Kim Kardashian and Kris Humphries. Our readers may recall that the couple split up after being married for a very short time. Kardashian wants a divorce while Humphries wants an annulment. Most people are familiar with divorce, but what exactly is an annulment and how do you go about getting one? An annulment is declared when a court determines that your marriage or legal partnership was invalid from the start.  The ten-dollar Latin legal phrase is “void ab initio,” when means void from the beginning. An annulment basically unwinds a marriage as though it never existed.  Some of the reasons a marriage can be declared void in California include bigamy and incest.  Other grounds for an annulment include:
  1. When one party was of unsound mind.
  2. When one party was induced to enter into the marriage by fraud.
  3. When one of the parties was forced into the marriage.
  4. When one of the parties was physically incapacitated at the time of the marriage and the incapacitation appears to be incurable.
If you feel that your marriage meets the criteria to be annulled, contact the Law Offices of Judy Burger today. At the Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or annulment proceedings.  Judy L. Burger is known for taking a firm stand for her clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  Call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

Basic Paternity Rules in California

Father CustodyEstablishing Paternity

When a woman gives birth to a child, California law automatically recognizes that woman as the mother of the child. If the woman is married and living with her spouse, then her husband is recognized as the child’s father. However, if the two parties are not married, then the law only recognizes the father if paternity is legally established. Establishing paternity grants the child all the benefits and rights of children born to parents that are married, and can be very important for the child if the parents become separated, divorced, or were never married in the first place, especially if the father is interested in retaining proper custody and visitation rights. Also, establishing paternity allows the child to be legally entitled to child support during the father’s life and possibly inheritance or other death benefit upon the father’s death. Establishing paternity benefits the child in a number of ways.  Children are entitled to have legal proof of both parents’ identities, family medical records in case of an inherited condition, life or medical insurance if the parents have it, and financial support from both parents. At the Law Offices of Judy L. Burger, we will actively pursue the best strategy to achieve the best possible outcome for you and your child in legal family matters.  Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce, custody dispute, or other family law issue, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.