Spousal Support Judgments?

August 13, 2023


The good news about spousal, support, family, or child support judgments are that there are more laws that make them harder for the judgment debtor to avoid paying. The bad news is most judgment enforcers will not take support judgments. JudgmentBuy.com is the solution, as we know the best collection lawyers to recover family court judgments. Be aware that most family courts put a low priority on pro per (non-lawyer) paperwork. Many family courts are more like zoos that courts. Family courts often do not understand post-judgment procedures, and you have to have ready codes and citations, chapter and verse, to get their attention.

Al least in California, unlike regular civil judgments, support judgments issued after January 1, 1993 remain enforceable until repaid. You may choose to renew a support judgment to compound the interest owed upon renewal, but you do not need to renew family support judgments to enforce them.

Unlike regular civil judgments, support judgments can be used to levy pension plans, retirement benefits, and related income streams.

Note that in California family courts, the amount owed is always considered in Superior court, and is “unlimited”. Family court judgments are often captioned orders. The California FL-435 form is not what you need to enforce an order/judgment.

However, third parties recovering family court judgments lose their protection in BK situations:
a. [22:271] Not debts to third parties:Section 523(a)(15) expressly limits the discharge exception to nonsupport debts owed to a spouse, former spouse or child. Third party creditors (as where a marriage dissolution attorney fee award is made payable directly to the attorney) cannot invoke the § 523(a)(15) nondischargeability shield. [See 11 USC § 523(a)(15); In re Wodark (10th Cir. BAP 2010) 425 BR 834, 840 – Chapter 7 debtor’s separation agreement obligating her to pay preexisting marital debt owed to third party was excepted from discharge under § 523(a) (15) even if debtor’s direct obligation to third party had been discharged (under Colorado law, debtor’s former husband could enforce his rights under separation agreement as a judgment, which constituted a “debt” debtor incurred in connection with separation agreement)]
b. [22:272] Limitation in Chapter 13: Section 523(a) (15) does not apply in Chapter 13 proceedings where the debtor obtains a “full compliance” discharge. [See 11 USC § 1328 (a),discussed at ¶ 22:1345]

A web site that explains this in more detail, is at: http://oldsite.mobar.org/8d78cdde-e079-4775-a9b1-3c55a8a0e2c0.aspx.

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