More details to this question:
I filed a motion against my ex because he has not been paying any of his debts (i.e., credit card debt, tax refund which he received without telling me) that he agreed to in the decree and he also submitted a fraudulent employment contract by altering it to hide his bonuses. He ended up with 6 judgments. One of them is spousal support arrears which was ordered as a result of the hidden bonuses. Originally, he agreed to and is currently garnished for both child support and spousal. I would like to include the additional support in the garnishment. I don't think he will agree to it. It may also go over the 25% of his wages. I am not sure how to go about collecting since he is not at all compliant. Can my divorce attorney collect or do I seek a collections attorney? His previous attorney collected his fees via a writ on his bank account. Can I do the same?
1 ANSWER
In order.....
Your divorce lawyer (if he or she knows collection law) is legally able to do anything that a "collections lawyer" could do.
There are limits on the maximum sum that can be garnished at any given time; if you are already at those limits, adding another writ may not be useful.
Make sure that you are keeping track of interest (and, for child support) penalties on all sums owed. See http://willicklawgroup.com/interest-penalties/.
Answered on Oct 01st, 2014 at 6:22 AM