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Mtnflowers
I have contacted my ex-husband's employer concering the Earnings Assignment Order. They confirmed that he is no longer employed there.

Jim Reape
The order is still in place and he owes it plus interest. I am not sure what a motion of OSC would do as you already have an order. Why not contact the attorney who did the QDRO and have them draft something where the court ordered support is taken from his share?
Mtnflowers
There's only one pension in pay status and it's for a small amount, it's not enough to cover the amount of spousal support. Unfortunately he doesn't stay at a job long enough to get a decent pension.

I was figuring that I'd have to go back to court to get him to pay. If not how do I collect?

What is form FL-490 (Application to Determine Arrerages) used for?


QUOTE(Jim Reape @ Mar 15 2008, 11:06 AM)
The order is still in place and he owes it plus interest.  I am not sure what a motion of OSC would do as you already have an order.  Why not contact the attorney who did the QDRO and have them draft something where the court ordered support is taken from his share?
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Jim Reape
Going back to court will not help as you already have an order. You want to look for assets or income to enforce it against.
Mtnflowers
What do I do if I find assets or income? How do I enforce? Lien against his home?



QUOTE(Jim Reape @ Mar 15 2008, 12:16 PM)
Going back to court will not help as you already have an order.  You want to look for assets or income to enforce it against.
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Jim Reape
If he owns a home yes than you want to record an abstract of judgment or an abstract of support judgment. From there the steps you take depends upon a lot of factors.
If you act too soon you will force him to seek a modification. Some enforcment actions are rather complex so sometimes you want the arrears to build a bit to make it worth your time and effort to enforce.
Mtnflowers
Thank you! Thank you! Thank you!

Do I obtain the abstract of support judgment from the court? Is it FL-480?

Another state will accept from California?
Yes, I'd let the arrears build up, that's why I was asking earlier if I'd have to do it now or if I could wait.



QUOTE(Jim Reape @ Mar 15 2008, 12:25 PM)
If he owns a home yes than you want to record an abstract of judgment or an abstract of support judgment.  From there the steps you take depends upon a lot of factors.
  If you act too soon you will force him to seek a modification.  Some enforcment actions are rather complex so sometimes you want the arrears to build a bit to make it worth your time and effort to enforce.
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Jim Reape
To lien a property in another state you have to register the judgment there... now you have to think strategy!
Mtnflowers
Hey, nothing difficult is ever easy!

First, what is involved in getting the abstract of judgment or abstract of support judgment? Register it in the other state at the recorder's office or wherever their deeds are recorded??


QUOTE(Jim Reape @ Mar 15 2008, 12:36 PM)
To lien a property in another state you have to register the judgment there... now you have to think strategy!
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Jim Reape
There is a process you have to follow under the law of the state where you want to register the judgment for enforcement so you need to check with somome in that state.
Mtnflowers
Thank you so much for the information, you're the best!



QUOTE(Jim Reape @ Mar 15 2008, 04:18 PM)
There is a process you have to follow under the law of the state where you want to register the judgment for enforcement so you need to check with somome in that state.
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Mtnflowers
Does this have anything to do with UIFSA?

Would I be registering The Abstract of Support Judgment?


QUOTE(Jim Reape @ Mar 15 2008, 04:18 PM)
There is a process you have to follow under the law of the state where you want to register the judgment for enforcement so you need to check with somome in that state.
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Jim Reape
My suggection would be to contact counsel in his state where you want to enforce the judgment.
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