Q: What can my friend do when the judicial system won't make her ex pay alimony?
My friend has taken her ex back to court because he has stopped paying his alimony. She never only received particial payments Jan - March and the judge orders him to make extra payments to get caught up. He has not paid anything and the judge hasn't put him in jail for contempt. She's terrified she'll lose her car and her home. Why can't the judge garnish his pension from GM? Then she wouldn't have to worry. The judicial seems to be failing her and she cannot afford an attorney. What can she do? Please help!
A:
Regrettably, it is not the Judge's job to collect or force payment- he is there only to rule on disputed issues. It sounds like the ex is retired ( getting a GM pension) so I assume he is not currently employed, If he is working somewhere, garnish ( this means filing a form with the court clerk who then sends it to the employer) his wages.
I assume she already has a "judgment" for the past due alimony- if so, she can also "execute" or file a "levy" to collect the judgment - these are terms for the process where the sherrif can go out, seize assets ( his car?) and then conduct a public auction to sell the item and give her the sales proceeds. Note, the Sheriff doesn't do these things- she does, she has to provide the info to the sheriff about what to seize, where it is located, ( provide the tow truck if a car is being seized, etc). The Sheriff just serves the "paperwork and keeps the peace. Look for a lawyer who might take it on a contingency or percentage basis. Pension funds can be attached through a "QDRO" ( this is an abbreviation) but it is highly technical. Sorry, but a lawyer is going to be essential.
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