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Enforcement Remedies to Combat Default

By Judith L. Poller and Elizabeth Warner

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.

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