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My ex husband owes a huge amount of child support arrears. I

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My ex husband owes a...
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: 2 years ago.Category: Family Law
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8/13/2015
Family Lawyer: Michael J, Esq., Lawyer replied 2 years ago
Michael J, Esq.
Category: Family Law
Satisfied Customers: 3,472
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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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

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Customer reply replied 2 years ago
I do not have Court's findings of arrears owed.
Customer reply replied 2 years ago
I have not yet filed a motion for determination of arrears
Family Lawyer: Michael J, Esq., Lawyer replied 2 years 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

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Customer reply replied 2 years ago
Thats ok. I would like to cancel the phone call request.
Family Lawyer: Michael J, Esq., Lawyer replied 2 years ago

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

Michael

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Customer reply replied 2 years ago
however I can do ex parte just to shorten the time for determination of arrears hearing right?
Family Lawyer: Michael J, Esq., Lawyer replied 2 years 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. :)

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Customer reply replied 2 years 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 reply replied 2 years ago
how do I enforce it... by a Writ ?
Family Lawyer: Michael J, Esq., Lawyer replied 2 years 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

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Family Lawyer: Michael J, Esq., Lawyer replied 2 years 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.

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Family Lawyer: Michael J, Esq., Lawyer replied 2 years ago

Anything else I can help with?

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Michael J, Esq.
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3,472
3,472 Satisfied Customers
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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