Judgment Enforcement
Enforcing a Judgment When Your Former Spouse Is Out of Compliance
It happens a lot. Your divorce or legal separation contains clear orders that your former spouse is ignoring. Luckily, California family courts have a number of effective enforcement tools.
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A divorce or legal separation can contain orders on a variety of issues, like custody and visitation, support and asset and debt division.
When a party fails to abide by those orders, the court has a number of tools available to address this failure.
Wage Garnishment
A common way for the court to enforce ongoing child and spousal support orders as well as other money judgments and obligations. Wage garnishment orders automatically deduct payments out of a party’s wages.
Appointing an Elisor
Available when a party fails to sign a legal document necessary to effectuate an order or judgment. The appointed elisor signs on behalf of the party, as ordered by the court.
Contempt
Often a last resort, contempt proceedings are quasi-criminal matters that can result in civil fines and/or criminal penalties for a party that willfully violates a clear order of the court.
Common Enforcement Situations
- Your ex-spouse was awarded the marital residence but has failed to refinance the mortgage in their name alone.
- You were awarded the marital residence but your ex-spouse refuses to sign the transfer deed.
- An equalization payment was ordered but your ex-spouse hasn’t paid it.
- The court ordered the division of a retirement account, but your ex-spouse isn’t cooperating in the post-judgment division process.
Attorney Fee Awards
As a general rule, California courts can make an award of attorney fees and costs in favor of a litigant who doesn’t have the means to fund litigation. These need-based attorney fees are authorized by Family Code Section 2030.
Additionally, under Family Code Section 271, the court has the power to award attorney fees and costs to be paid by an ex-spouse whose conduct frustrates settlement or increases the costs of litigation. The threat of Section 271 attorney fees can often be helpful in motivating a non-complying spouse to finally take necessary action.
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About Dan
Dan Sweeney
20+ Year California Family Law Attorney | Extensive Experience Handling Complex Cases
Former Manager of the San Diego County Superior Court Family Law Facilitator’s Office
Convenient, Remote, Video Conference Sessions Across California
Judgment Enforcement: Frequently Asked Questions
My ex-spouse was ordered to refinance our marital residence but never did. What are my options?+
This is a common issue, which will be guided by the exact language included in your judgment. Depending on how the language of your judgment reads, a request for order to enforce the terms of the judgment or to force a sale of the residence is a likely approach.
Can the court force my ex-spouse to sign documents?+
Yes, through an order appointing an elisor. The elisor, typically the clerk of court, can sign legal documents like contracts and deeds on the noncomplying party’s behalf.
What if my ex moved out of state?+
California still has jurisdiction over the dissolution and over the property awarded under the judgment. Enforcement against an out-of-state asset may require filings in the forum state, but the California orders are typically valid against non-California properties.
How long do I have to enforce a judgment?+
California money judgments are enforceable for ten years and renewable. Support arrears under family court orders do not expire at all. Property division orders generally remain enforceable as long as the property exists, but equitable defenses like laches can develop if the other party reasonably assumes your delay meant an abandonment of your claim. It’s always best to act sooner rather than later.
Will I have to appear in court?+
Typically yes, but California courts have enacted permissive remote appearance rules in the last few years.
Enforce Your Judgment
If a divorce judgment has been ignored for months or years, the court still has the authority to enforce it. The first step is figuring out the right tool.
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