A look into the enforcement of judgments that seem to cause recurrent difficulties, and possible solutions or means for coping with those difficulties.
By Marshal Willick, Family Lawyer
It always seems to come to a surprise to younger lawyers, but judgments are not self-executing. For the most part, if not enforced, they simply grow old, and expire.
This paper is not a comprehensive course on how to enforce judgments; it is intended to be a selective highlighting of topics related to enforcement of judgments that seem to cause recurrent difficulties, and possible solutions to those difficulties, or at least means for coping with them.
Reprint with permission.
Marshal S. Willick, Esq. is the Principal of the Willick LawGroup, an A/V-rated Las Vegas family law firm, and a Continuing Legal Education Instructor. In Nevada, there are no juries in Family Law cases. Mr. Willick has been taking such cases to trial since the 1980s, the number of which by now is estimated in the thousands. He has also participated in hundreds of divorce and pension cases in the trial courts of other States, as a consultant, expert, or as amicus curia.
Department of Revenue, which found there was a lack of sufficient reliable information concerning unmarried mother’s actual earnings and which therefore presumed that her earning capacity was equal to the federal minimum wage for purposes of calculating child support, could not fail to impute any income to father, where there was even less substantial and less reliable information concerning father’s actual income.
Seeking advice from several lawyers, few with any practical advice to offer, one of my clients, Jennifer was offered only a few relatively impractical solutions to her dilemma of getting back child support: Threat of incarceration for the dead beat Dad? Unlikely. Not to mention that it is impractical since nothing will get paid if the father of the kids is in jail. Garnishment? Possible, unless the Dad, or Mom in some cases, quits his/her job, moves around, barters, or minimizes their income working partly for cash.