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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My ex husband owes a huge amount of child support arrears. I

Customer Question

My ex husband owes a huge amount of child support arrears. I still have to file a motion for determination of arrears. however, now my ex is selling his house which has equity in. i dont know how to stop the distribution of funds upon him selling the house... I know i have to do some emergency requests.. but dont know how or what
Submitted: 1 year ago.
Category: Family Law
Expert:  Michael J, Esq. replied 1 year ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

Do you have an Order stating that he owes arrears at all? Or have you never gotten anything like that. Basically, I'm asking because I need to find out whether you have any basis upon which to motion for an emergency injunction that stops him from selling his home.

Michael

Customer: replied 1 year ago.
I do not have Court's findings of arrears owed.
Customer: replied 1 year ago.
I have not yet filed a motion for determination of arrears
Expert:  Michael J, Esq. replied 1 year ago.

Thank you.

Your local family law court can order what's called an emergency injunction. Basically, it's an Order from the court forcing someone NOT to do something. However, for the court to order this, you have to have a legal reason for them to do so. Without any Order saying that he owes you a specific amount of arrears, I don't see the court entering such an emergency order. I see you requested a phone call. I tried to accept but it appears it did not go through.

Michael

Customer: replied 1 year ago.
Thats ok. I would like to cancel the phone call request.
Expert:  Michael J, Esq. replied 1 year ago.

Okay, it's canceled. Did my previous answer make sense?

Michael

Customer: replied 1 year ago.
however I can do ex parte just to shorten the time for determination of arrears hearing right?
Expert:  Michael J, Esq. replied 1 year ago.

Yes, you should be able to do that, but you need to speak to a local family law attorney to get this done for you. :)

Customer: replied 1 year ago.
i am a paralegal,... this is my own case and I am terrified... I can do the Request for order and the Ex Parte... but i do not know after I get the order of findings of the court of the amount owed, where I go from there...
Customer: replied 1 year ago.
how do I enforce it... by a Writ ?
Expert:  Michael J, Esq. replied 1 year ago.

There are several ways to enforce a money judgment. You can garnish payments from an employer, attach bank accounts, garnish payments from LLCs to individuals, etc. There are many methods.

Michael

Expert:  Michael J, Esq. replied 1 year ago.

Hard to say what you should do without knowing how all of his assets are held. A local attorney should be able to get into the details for sure.

Expert:  Michael J, Esq. replied 1 year ago.

Anything else I can help with?

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