Enforcing Your Final Divorce Order: Money and Property Issues
3234EN | February 2019 Enforcing Your Final Divorce Order: Money and Property Issues
Intro court order. DCS’s services are free. Call your local DCS office for an application. At the end of your divorce, the judge will issue a final order. In Washington, we call Read How Can I Collect Child this final order a Final Divorce Order (or Support? Divorce Decree). Other states may call it something else. What if my ex owes back support? This final order may If the debt (arrears) is not too old, DCS may Order your former spouse to pay you. be able to collect it. DCS does not collect unpaid interest. Award you certain property. If there is a lot of back support, you may not We explain here how to enforce (make sure want DCS’s services. You may be able to find everyone follows) the final divorce order a lawyer who will take the case on a and collect the money or property your ex- contingent basis. You do not pay the lawyer spouse must pay or give you. a fee. The lawyer gets part of the back payments as payment for services. A lawyer This info is general. For more help might take your case depending on with your case, talk to a lawyer. How much your ex owes How do I make sure my ex-spouse pays If you can find your ex child support? If your ex can pay If you get custody of the children (become the primary residential parent), the court A lawyer could also help you get a judgment will order your ex to pay you child support. so you can bring a collection action on your A Washington child support order usually own. makes a parent pay through the Washington State Support Registry (WSSR). In these Can I change the child support cases, the Division of Child Support (DCS) amount? automatically opens a child support case for You can try. Either parent can file a motion you. to change the child support amount if the case meets certain conditions, such as If your court order does not direct your ex to pay through the WSSR, you can still open a the income of one or both parents case with DCS by applying for services. This changes greatly is true even if your order comes from one or more child turns twelve another state. You just give DCS a copy of the 1
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Read Changing Your Child Support Court Example: Your ex is Order. You might also want to read: unemployed, but looking for work. The court will not hold Collecting Support After High School your ex in contempt. You will How to Ask DCS to Review Your Child not get the maintenance Support Order for Modification payments.
Filing a Motion to Adjust a Child Filing a Motion for Contempt: Family Law Support Court Order Cases has forms and instructions. Some Filing a Petition to Modify Your Child counties have their own packet to use Support Court Order instead of ours. Finalizing a Modification of Your Child Support Court Order How do I get the property the Final Divorce Order awarded me? How do I collect maintenance A judge may order your ex to pay you money (alimony)? or give you property. If your ex does not If you have an open child support case with follow the court order, you have options. See DCS, they can collect maintenance for you. RCW (Revised Code of Washington) DCS automatically includes maintenance if Chapters 6 and 7. These laws are your order says it must go to WSSR. If your complicated. Talk to a lawyer about your order does not mention WSSR, contact your case. What follows is a general description. Support Enforcement Officer for more info. Garnishment- You can use garnishment to If the debt is not too old, DCS can also help enforce a money judgment. The judge orders collect back maintenance payments. “How a third party with control of money do I make sure my ex pays child support,” belonging to the debtor (your ex) to turn above, has more info. that money over to the creditor (you). Example: You get an order saying your ex’s The court ordered my ex to pay only employer must turn over part of your ex’s maintenance, not child support. Will wages to you. DCS still help me? Execution and lien foreclosure against real No. DCS will not open a case. You must file estate – You get a court order for the sheriff a motion for contempt to collect back to execute (collect on) your money payments. judgment. The sheriff seizes your ex’s property and sells it to pay your judgment. If you win your contempt motion, the judge Your ex should get notice before this will order your ex to pay the maintenance or happens. The sheriff may not seize certain make them pay a court fine, unless your ex types of “exempt” property. Read How to shows they have tried to follow the order Claim Personal Property Exemptions. but do not have enough money.
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Your child support order and final How do we divide the retirement divorce order should include a benefits after our divorce is final? judgment for any amount owed at Read the Legal Voice’s Retirement, Divorce, the time of the order. If you need a new judgment to update what is and You. due you, have a lawyer draft the paperwork. What if my ex has not paid debts as ordered? Replevin - to get a specific item of property Read Community Debts and Bankruptcy (not real estate) the judge awarded you. You Issues. may also be able to file a motion for contempt. What if my Final Divorce Order is from Unlawful Detainer (eviction) - If your ex an out-of-state court? refuses to vacate (move out from) real You can enforce it in Washington if your ex property the court awarded you, this lives here. You must first correctly file process forces the ex to move. You also may (register) it in Washington. Then you can get money damages. use the options above. Injunction - This court order can stop Read How Do I Register an Out-of-State certain conduct. You can use it to keep an ex Order in Washington. Your county may have with control of property you both own from its own packet with forms to use. harming or wasting the property. Receivership –The judge can appoint a How do I enforce the final parenting receiver to manage or get rid of property. plan? The receiver does not act for either spouse. Contact the family law facilitator, if your Contempt – You cannot use contempt to county has one, or talk to a lawyer. force payment of a general money judgment. You can use it to get child support or When should I get a lawyer? maintenance. In a very few cases, you can You may want one if either of these is true: use contempt if your ex does not do what the DCS cannot handle your case judge ordered them to do. your county has no family law Commissioner Signature - A court facilitator commissioner can execute a document when your ex refuses to follow a court order to do You do not have a right to a something. Example: the judge ordered lawyer in divorce cases. You your house sold. Your ex refuses to sign the must pay for one. necessary documents. If you cannot afford a lawyer, you can look for one to take your case on a contingent basis or who offers “limited legal services” 3
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(“unbundled legal services,” “pro se your spouse’s work address assistance”). A lawyer who takes your case your spouse’s work phone on a contingent basis will only charge you if you win. The lawyer gets part of the award. your spouse’s bank names and A lawyer takes a case on a contingent basis account numbers depending on your spouse’s vehicle numbers How much is at stake a recent clear photo of your spouse If you can find your ex a copy of the original order (a judge must have signed the order and it If your ex-spouse can pay must have a file stamp on it) Under a limited legal services You may need a certified copy. That is a arrangement, the lawyer copy made by the clerk’s office and verified gives you legal advice as accurate. looks over or helps with paperwork If the judge awards you a money judgment, The lawyer will not represent you. you must next get the judgment recorded as a judgment lien. A judgment lien attaches The Legal Voice’s Working with a Lawyer to real property the debtor (your ex) has more about finding and working with a currently owns or gets later. Talk to a lawyer. lawyer about how to do this. Do you have other tips? Do not sit on your rights. Many of your An Ounce of Prevention. Start thinking options are only possible during “the life of about potential collection problems before the judgment.” You can usually enforce a your divorce is final. Your spouse may have judgment for ten years. Talk to a lawyer the best intentions, but things change. about how long you have. Educate yourself about your property. As Washington has a procedure for renewing you take part in the drafting of your final the judgment for another ten years. You order, remember: someone who had trouble must do this before the first ten-year period with paying bills before the divorce may ends. Otherwise, you cannot collect. have just as much or more trouble Get legal advice right away if: afterwards. Your ex does not follow the Final Make sure you have the info you may need Divorce Order. to take collection action if your ex does not pay. You may need: You learn your ex has filed for bankruptcy. You can challenge the your spouse’s social security number dischargeability of a property your spouse’s birthdate judgment your ex owes you. your spouse’s address
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What if I need legal help? on legal service providers in King County at Apply online with CLEAR*Online www.resourcehouse.com/win211/. - nwjustice.org/get-legal-help or Persons 60 and Over: Seniors age 60 or over may call CLEAR*Sr at 1-888- Call CLEAR at 1-888-201-1014 387-7111, regardless of income. CLEAR is Washington’s toll-free, centralized Assets limits may apply. Seniors in intake, advice and referral service for low- King County may call 2-1-1. income people seeking free legal assistance Deaf, hard of hearing or speech impaired with civil legal problems. callers can call CLEAR or 211 (or toll-free 1- Outside King County: Call 1-888-201- 877-211-9274) using the relay service of 1014 weekdays, 9:15 a.m. - 12:15 their choice. p.m. CLEAR and 211 will conference in free King County: Call 211 for info and interpreters when needed. referral to an appropriate legal Free legal education publications, videos and services provider weekdays, 8:00 am self-help packets covering many legal issues – 6:00 pm. You may also call (206) 461-3200, or toll-free 1-877-211- are available at WashingtonLawHelp.org. WASH (9274). You can also get info
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of February 2019. © 2019 Northwest Justice Project — 1-888-201-1014. (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non- commercial purposes only.)
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