Law.com Subscribers SAVE 30%

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

Enforcement Remedies to Combat Default

By Judith L. Poller and Elizabeth Warner
September 26, 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.

Read These Next
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.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.