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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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I wanted to know, my former spouse is not paying me my share

Customer Question

hi. I wanted to know, my former spouse is not paying me my share of profit from the family business that is a community asset. have a stipulated agreement ordered by court of the monthly payout amount. he doesn't do it. owed about 10 to 18k. how do I enforce or collect on the business if he is not obeying order?
JA: Since laws vary from place to place, what state is this in?
Customer: california
JA: Has anything been filed or reported?
Customer: other than the court order ordering payment , no.
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope
Submitted: 18 days ago.
Category: Family Law
Expert:  LawTalk replied 18 days ago.

Good morning Pamela,

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

You will need to file a Motion with the court to enforce the court order. The Motion is called the Order to Show Cause and Affidavit For Contempt. Here is a link to the form you will need: http://www.courts.ca.gov/documents/fl410.pdf

Alternatively, you can have an attorney file the motion for you and seek an award of attorney fees from your ex based on you having to file the motion to get what the court already ordered that he pay you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

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