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If 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.
If 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.
When is Spousal Support Allowed?
Spousal support, also known as alimony, is a payment made by one spouse to the other for support during or after legal separation or divorce. A party can ask the court in his or her first filing to award temporary alimony to help the party meet expenses during the divorce. Similarly, a party seeking a domestic violence restraining order may also seek spousal support.
A judge must consider certain factors before awarding spousal support, such as the ages of the parties, the standard of living of the parties during the marriage, the earning capacity of both parties, and the length of the marriage or domestic partnership. Domestic violence committed by one party against the other may also be considered.
Spousal support generally falls into one of two categories depending on the intended purpose of the alimony. Rehabilitative alimony is intended to help a spouse get on his or her feet financially and usually is limited to a specific amount of time. Permanent alimony may include monthly payments, lump sum payments, annuity payments, or trust payments. Permanent alimony usually terminates upon the remarriage or romantic cohabitation of the receiving spouse or upon the death of either party.
The Law Offices of Judy L. Burger can assist you in pursuing or defending a claim for spousal support. 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 in need of assistance regarding alimony, 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.
If 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. 
If 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.
