QUESTION
Can I file a motion to get my alimony from my Exs workplace in B.C.Canada If the Divorce decree was in Nevada U.S.A.?
Asked on Jan 11th, 2013 on Family Law - Nevada
More details to this question:
We divorced in 2002. I get spousal support from my Ex. Until he retires and collects S.S., He has reluctantly paid for the last 10 years...getting later and later in his payments and I have to call and "beg" before he will pay. Payment was due Jan 1 2013 and it still hasn't arrived. He recently got transferred to Vancouver B.C.,from Santiago Chile. He works for a Canadian Co. I want to know if Canada honors garnishment of wages. Or can I attach his bank accounts on a decree made in Reno Nv.
1 ANSWER
Some facts are missing, but if I understand the question the answer is "yeah, sort of, but not directly."
To explain, if youhave a NV decree requiring payments, and there is an arrearage, then they can be reduced to judgment (note -- even the payments made LATE accrued interest for the period they were late, which also can be reduced to a judgment; see http://willicklawgroup.com/interest-penalties/).
Once you have an arrears judgment, you can execute against bank accounts, etc. If those accounts are here, you can proceed here; if they are elsewher, like Canada, you may have to domesticate the judgement in that other place, and THEN execute, thorugh a lawyer in that place. If you are unclear as to your rights and remedies, you may want to consult with a family law specialist.
Answered on Jan 12th, 2013 at 5:07 PM