Order or Judgment of the Court - finally

[hoosierpapa4]

Soc,

Order on overpayment of support was just written, long story short Indiana (IN), motion for modification of child support and custody was ruled upon and support mods were retroactive to the date of filing (several different dates and reasons for modifications - like emancipation of one child, subsequent child etc.)

Text of the order is as follows:

Caption: Order of Judgment of the Court

The Magistrate, having taken the issue of the arrearage owed by Respondent to the Petitioner under advisement, now submits an order recommending that the Court find that the arrearage owed by the Respondent to the Petitioner be found to be in the sum of $8,271.00 and that a judgment in the amount of $8,271.00 be entered against the Respondent and in favor of the Petitioner.

And this is signed by both the Magistrate and Judge who approved it.

From speaking with the CSE folks, this is not an arrearage which will be recorded in their offices for collection, but rather a judgment payable by the Respondent to the Petitioner.

Speaking from your vast experience, and knowing that this is Civil Court, and it's not "chump change" we're talking about here:

1) What is/are my remedies if she does not pay the amount ordered by the Court, and how would you proceed if you were advising your client who found himself in this position?

2) Can a tax intercept be performed on a judgment vs arrearage?

Thanks in advance Soc, and I hope everything is going o.k. for you.

[socrateaser]

>1) What is/are my remedies if she does not pay the amount
>ordered by the Court, and how would you proceed if you were
>advising your client who found himself in this position?

A judgment of arrears is a liquidated sum that can be executed on by the sheriff. this means that you can register the judgment in any county where the other person has real property, and then have the sheriff seize the property and sell it at public auction to pay your judgment.

Or, you can have the sheriff garnish a bank account, stocks, bonds, jewelry, or a car, etc., in other words, you can reach assets, not just future income from earnings.

>2) Can a tax intercept be performed on a judgment vs
>arrearage?

Yes. But I don't know if the sheriff can do that, or only CSE.

[hoosierpapa4]

>>1) What is/are my remedies if she does not pay the amount
>>ordered by the Court, and how would you proceed if you were
>>advising your client who found himself in this position?
>
>A judgment of arrears is a liquidated sum that can be executed
>on by the sheriff. this means that you can register the
>judgment in any county where the other person has real
>property, and then have the sheriff seize the property and
>sell it at public auction to pay your judgment.

She has allowed her home to go into foreclosure, she did not file bankruptcy as she still had liquidity and was ineligable (income exceeded debt).  She has moved from a 5 bedroom, 3 bath home (financed by you know what) to a 2 bedroom apartment.  My Daughter 17 lives there full time, my sons 12 and 13 are with her 2.5 days per week.  I am desperately looking for any legitimate laws within the State of Indiana (IN) where the sleeping arangements with opposite sex children of pubescent or adolescent ages was ruled to be inadequate.

Long story short, during the final proceedings, she was "given" a 3 bedroom home, made a statement under oath "with the kids and child support, the kids and I will be living on easy street..." Judges eyes rolled, she was awarded the house, $38k of my 401k, and a car.  Now, she has moved from "easy street" to an inadequate housing location rought with crime (within 14 days 6 arrests in her appt building alone).

1) How do I find out if there are laws in my state concerning housing arrangements for children at NCP's home?  Have tried http://www.in.gov/judiciary no luck.

>
>Or, you can have the sheriff garnish a bank account, stocks,
>bonds, jewelry, or a car, etc., in other words, you can reach
>assets, not just future income from earnings.

2) Knowing that she has allowed her home to go into foreclosure, is it likely that the Sheriff's department will attempt to sieze other assets to meet this debt (and can they go into her home to grab stuff of value), and does it require them to "send me the check" or "send my atty the check" since I still owe him on the final sum due from the proceedings?


>
>>2) Can a tax intercept be performed on a judgment vs
>>arrearage?
>
>Yes. But I don't know if the sheriff can do that, or only
>CSE.


Thanks Soc, will be contacting my father today to see if he has done this before (different county) as a sheriffs deputy and begin asking my county's sherrifs department what I need to do to register the judgment.

[socrateaser]

>1) How do I find out if there are laws in my state concerning
>housing arrangements for children at NCP's home?  Have tried
>http://www.in.gov/judiciary no luck.

I would talk to your Child and Family Services (or whatever IN calls the agency). They would know if there are any specific statutory or rule requirements.

>2) Knowing that she has allowed her home to go into
>foreclosure, is it likely that the Sheriff's department will
>attempt to sieze other assets to meet this debt (and can they
>go into her home to grab stuff of value), and does it require
>them to "send me the check" or "send my atty the check" since
>I still owe him on the final sum due from the proceedings?

The sheriff won't attempt to seize anything; it's up to you to obtain a writ of execution from the court, specifying the precise items you want seized. If you can't identify something of value and its location, then the sheriff won't seize it.

Also, you will need to post a bond, to insure the sheriff against the possibility that you had no actual right to seize the item.

All of this stuff is very difficult to deal with. Ultimately, unless someone has real property equity, or liquidatable security instruments, like stocks, bonds, cds, etc., or some "very" valuable and separately insured collectables (artwork, jewelry, etc.) that can be traced, you'll never get any money, except that which can be obtained from wage assignment (i.e., standard child support).