The judgement was made in 1999. My ex-husbands was ordered to pay 1700.00 and 10% annual interest if not paid. He never paid so I recently filed a motion for the judge to total what he owes me. We have a future court date. He hired an attorney and the attorney called me telling me I'm a little to late to collect and that he paid me? My question is am I to late and if not what can I do?
Marriage / Prenuptials Lawyer
California Family Code Section 291 provides that a money judgment entered under the Family Code, including a Judgment for Child, Family or Spousal Support, is enforceable until paid in full or otherwise satisfied. In an action to enforce a judgment for Child, Family or Spousal Support, the defense of laches may be raised only with respect to a support obligation owed to the state. The 1986 Federal Bradley Amendment also overrides any state Statute of Limitations on Child Support. Some years back (I don't recall when), there was a 10-year Statute of Limitations on enforcement of support obligations, which was subsequently repealed, either by the predecessor of Family Code Section 291, or by Family Code Section 291 itself. As to support arrearages which were 10 years overdue as of the effective date of the repealing statute, there may be a question as to the retroactivity of the repealing statute - if it isn't retroactive, then support obligations that were over 10 years overdue as of the repealing statute's effective date might not be collectible. Section 291's effective date was 2006, so the support obligation which your question addresses should be fully enforceable, in any event. You would best retain an experienced Family Law Attorney to represent you in your enforcement proceedings.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
2 lawyers agree
Family Law Attorney
Mr. Conviser is correct-- support judgements now are "evergreen" although some arguments have been made on the issue of "laches." HOWEVER the judge will not " total what he owes me"-- you must do that. Each payment starts to accrue the 10% simple interest as of the day it was not made so it is a fairly complex process assessing what it owed. (IF this was for support.)
if it was $1700 due as a division of community property it is barred by the 10 year statute.
1 lawyer agrees