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Stanley D. Prowse
291 followers -
Over 30 Years of Legal Experience - Divorce, Family Law, Civil Litigation
Over 30 Years of Legal Experience - Divorce, Family Law, Civil Litigation

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Here's an anecdote on enforcing civil judgments:

A man was awarded $11,500 by the court in attorney fees after being sued by his ex-wife. As of now, she refuses to pay any of the fees. What’s more, she has also quit her job. This man seeks advice on how he can collect the payments he was awarded. That wasn’t all, however. He brought up the topic of child support. Due to her recent quittance, the amount of money he pays in child support increased. He wonders if there is some sort of paperwork he can file to discontinue his payment of child support until she repays the judgment.

The first thing we made sure he understood: his obligation to pay child support is entirely independent of his ex’s obligation to pay the judgment. He can file a motion to reduce the child support because time share has changed, or his income has gone down, or income should be imputed to her because she has the ability and opportunity to work, but not because she refuses to pay the judgment. Now, the question of enforcing a judgment altogether. Collecting a judgment from someone who isn’t working and has no money in the bank is difficult. If she’s collecting public assistance, he can’t get his hands on it. Perhaps she has a car with equity in it or expensive jewelry. He can send the Sheriff to ‘execute the judgment,’ or ‘levy,’ by seizing things like that, but they may turn out to be exempt if she argues about it. Threatening her with that might get her to start paying the fees, but it sounds as if she’s a tough cookie. This man needs to consult a lawyer and tell the lawyer everything he knows about her assets.

For more information on how to collect payment from a judgment and more, please visit our website: http://stanprowse.com/enforcing-a-judgement



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Military families in crisis have a choice between military and civil protective orders.

Military protective orders can be obtained quickly and easily by an abused spouse by going to the other spouse’s command. The drawback is that they are usually all encompassing, preventing any contact at all between the offending spouse on one hand and the abused spouse and any minor children on the other. A civil protective order, on the other hand, can be tailored to fit the particular situation. For example, where there are minor children the offending spouse will usually be allowed to have and to communicate with the abused spouse about the children, although often by email only. If the situation is salvageable, a civil protective order is like to be the better alternative.

For more information please visit our website: http://stanprowse.com/domestic-violence-protective-orders

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Moms, did you see your kids on Mother's Day? Dads, will you see your kids on Father's Day? What's happening this summer? Getting the short end of the stick? Enforcing or modifying time share or visitation orders is not necessarily an emotional and financial nightmare. Talk to us about your problems.

Visit our website: http://stanprowse.com/child-custody-california
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Check out this article on Child Custody Rights and Visitation!

For more on child custody and visitation, visit our website: http://stanprowse.com/child-custody-and-child-visitation



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Mum is the word- sometimes, unfortunately. That was the case for one woman, who ran into multiple questions regarding the condo she and her hopefully soon to be ex-husband share. The catch, however, is that the loan for the condo is carried under his…

For more information on property in divorce, please visit our website: http://stanprowse.com/property-division-in-divorce 

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Reconciliation. Making amends. Getting back together. For some divorced couples, it isn’t just a laughable notion, or a vastly unlikely fantasy. For some, it can actually happen. This seemed to be the future for one potential client, a woman who reports…

For more on landlord and tenant related real estate law, please visit our website: http://stanprowse.com/landlord-tenant-law



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For more information regarding child support, please visit our website: http://stanprowse.com/child-support

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We are very excited about our firm being featured in the Carlsbad Lifestyle Magazine! Pick up a copy and check us out on page 7. And, good luck to Lauren out in Rio representing Team USA, and Carlsbad!
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2016-08-10
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The definition of the word “serve” in terms of the law is as follows: To deliver a legal document, especially a process or notice; to present a legal notice or subpoena to a person as required by law. The actual service of person isn’t nearly as glamorous…

For more on the process of service, family law, and more, please visit our website: http://stanprowse.com
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