This may or may not be helpful, but CCP 708.110(c) provides: "If the judgment creditor has caused the judgment debtor to be examined under this section during the preceding 120 days, the court shall make the order if the judgment creditor by affidavit or otherwise shows good cause for the order. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte."
In plain English, opposing counsel can't just adjourn a previous judgment debtor exam, and continue it to another day, without a court order. You must generally be served with a new order of examination. So, if you weren't served to appear again, or the court, on the last date of your examination, didn't order your return for another examination, then you don't have to appear for another examination.
Don't know if this is useful to you or not. Back to your original question.
If you file Chapter 7 bankruptcy, your ex may file a proof of claim, and state that the judgment and the attorney's fee order a domestic support debt ("in the nature of support"), nondischargeable under Bankr. Code 523(a)(5) -- or she may claim that the debt is nondischargeable under subd. (a)(15), which is a separate nondischargeable provision concerning debts owed "to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement
, divorce decree or other order of a court of record." Under this subsection, if the attorney's fees order is made payable directly to the attorney, then the fees are dischargeable as an ordinary debt.
So, it depends on the exact verbiage of the attorney's fee order.
My application at disability seems to progress very well, I am surprised. How will that help me?
A: It will show that you cannot work -- which going forward means you cannot be held in contempt or ordered to pay future support. However, it won't help you with a previous contempt or support order.
I hired a paralegal to subpoena her car purchase application and so forth. He is also writing my civil suit. What can I use as a change in circumstance? That I applied for disability?
A: That you have applied for disability does not show changed circumstances. That you are actually found to be disabled under the Social Security Act is the proof of changed circumstances.
Hope this helps.