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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello Ely, i did filled a order to show cause to have my

Resolved Question:

Hello Ely,

i did filled a order to show cause to have my exhusband pay the monies owed in our divorce stipulation.
for month he told me he is not ok with the numbers and so i filled the motion with paperwork.
He did not show up to the return date or replied to my motion to the courts.
The judge entered a default judgement because he didnt show up and didnt replied to the motion and entered a final disposition where he has 30 days time to pay the money or a judgement against him will be entered. The court called him and he said it thought its a day later but the papers said clearly the right date.
my questions are, can he still fight this because he does not agree with the papers i presented to court or vacate the judgement and what do i do next?
Thanks
Stefanie
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for requesting me. I trust you are well today and are having a good week.

can he still fight this because he does not agree with the papers i presented to court or vacate the judgement

He can ATTEMPT to appeal the decision, but likely, it would fail, so I am going to say likely not here.

and what do i do next?

If he does not pay you within 30 days, then you would get a judgment against him and may:

1) Ask the Court to admonish him, which can include further fines or even jail time; and/or
2) Use the Court to attach existing bank accounts that he has to satisfy judgment, which may require more filings to do.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Do i have to send him a letter with a copy of the outcome from yesterday and request the money?


After the 30 days can i go to the marshal and try to garnish his wages or do i have to go back to court?

Expert:  Ely replied 1 year ago.
Hello,

Do i have to send him a letter with a copy of the outcome from yesterday and request the money?

Since the court has already told him about this, then technically no, although it is good practice to do, just to be able to show that he had no excuse to claim ignorance, at all.

After the 30 days can i go to the marshal and try to garnish his wages or do i have to go back to court?

You may have to go back to court first to get permission to garnish, before you do so with the Marshal.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Last question. If he tries to vacate the judgement does it stops me from trying to collect the money?

Expert:  Ely replied 1 year ago.
Hello,

No. Him attempting to appeal the matter does not stop your ability to enforce the judgment. He can attempt to suspend your ability to enforce by filing a Motion to Stay while his appeal is pending, but these are often not granted without good cause, which he does not have, arguably.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88143
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Family Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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