Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Matrimonial StrategistKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

Enforcement Remedies to Combat Default

By Judith L. Poller and Elizabeth Warner
July 30, 2012

When divorcing parties enter into a settlement agreement or when a court issues a decision distributing the parties' assets and awarding support, the expectation should be that the case is at an end and the parties will adhere to the results. Unfortunately, in these uncertain economic times, the role of attorney does not end with the entry of a divorce judgment. Attorneys are frequently faced with client requests to enforce their rights to receive the assets and/or support awarded in the judgment. For purposes of illustration in this article, we will assume the client is an “Ex-Wife” and the defaulting party is an “Ex-Husband.”

In determining the appropriate enforcement remedy to pursue, the attorney should try to assess why the Ex-Husband is in default and how best to collect for the Ex-Wife. The Ex-Husband's financial circumstances will affect the remedy the lawyer recommends. If money is tight, the best course may be to attempt to settle and minimize legal fees for all involved. However, if the Ex-Husband has assets and/or income and has willfully elected not to pay the Ex-Wife, there are a variety of remedies that can be applied.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.