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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My ex husband lives in TX, I was living in CA where our case

Customer Question

My ex husband lives in TX, I was living in CA where our case was filed, but now live in NV. My son is a 23 year old college student, living with me. My ex owes me about $8K in back support, as well as never complied with the order to pay for medical and dental for 12 years. The state of CA says they cannot enforce the fact he does not pay me, the long over due balance, is there anything I can do to finally collect it and be done with him?
Submitted: 3 years ago.
Category: Family Law
Expert:  LawTalk replied 3 years ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

It is not that the state of CA won't assist you. It is that the child support collection arm of the state will not help you now that your son is over 18. They will simply no longer act as the collection agent for you. You will have to do that yourself, or retain an attorney to do it for you. But the state will still help you to get the money you are owed---by giving you a money judgment you can use to collect what is owed.

You need to file a Motion in the court, in the county where the support order was last issued, and seek to convert the support arrears to a money judgment. Once you do that, you can have the CA judgment enforced in any state in the US where your ex might be.

In order to obtain a Judgment you must file an OSC or Notice of Motion which is accompanied by Judicial Council Form FL-490 entitled "Application to Determine Arrears ". Here is a link to the forms you will need:

http://www.courts.ca.gov/documents/fl410.pdf



http://www.thurmanarnold.com/documents/FL-490-Application-to-Determine-Arrear.pdf



You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Customer: replied 3 years ago.


First off, thank you for your reply.So just to clarify, if I file an OSC to convert the arrears support to a money judgment, how do I get his employer to enforce it, as no one will tell me where in TX he works? Can part of the order be to reveal that information, otherwise the order is useless?

Customer: replied 3 years ago.

Just to be clear, the FL 410 show its an OSC to show contempt, is that the right form? Is it contempt because it's in arrears?

Expert:  LawTalk replied 3 years ago.
Hi Stacie,

Yes, the OSC for contempt is for not paying the arrears, and the Application to Determine Arrears what you use to get a judgment ordered by the court.

With the CA judgment you have to have it domesticated in the state he is in by filing with the court there and asking them to issue a new judgment in that state, and then the court there will issue the garnishment order.

Once you get the judgment in Texas, you can subpoena him to a debtor's exam and force him to declare where he works, his bank account information ,etc. This is not a simple process in TX to get this done, and you really want an attorney to help you there. Getting the judgment in CA is easier, and you can do that yourself, with little problem.

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
Expert:  LawTalk replied 3 years ago.
Good evening Stacie,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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