West Hollywood, CA asked in Family Law and Divorce for California

Q: Is a California Family Law Court Order the equivalent of fully enforceable CA Final Judgment?

My ex-husband misappropriated my share of retirement accounts granted to me in our California divorce Judgment. I filed an RFO and now have a Court Order that states he breached his fiduciary duty and orders him to pay me a specific dollar amount stated in the Court Order — what he misappropriated plus interest, plus my legal fees. Is this Family Law Order the equivalent of an enforceable California Final Judgment? Ex-Husband has refused to pay. Since ex is a Florida resident, I will need to domesticate the judgment in Florida. Do I need to go back into court to turn the order into a final judgment before I file it in Florida or is this Family Law Court order the equivalent of an enforceable CA Final Judgment?

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3 Lawyer Answers

A: Yes it is.

A: It's an enforceable court order. Enforcement procedures are the same as they would be for enforcing a judgment.

James L. Arrasmith
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Answered

A: In California, a family law court order is a legally binding and enforceable court order, just like a final judgment. The court order you obtained in your case against your ex-husband for misappropriating your share of retirement accounts is a fully enforceable court order that requires your ex-husband to comply with its terms.

To enforce the court order in another state, such as Florida, you will need to domesticate the judgment in that state. Domestication is the process of registering a judgment from one state in another state so that it can be enforced as if it were a judgment issued by the second state. In order to domesticate the California court order in Florida, you will need to file the necessary paperwork with the appropriate court in Florida.

Whether or not you need to turn the order into a final judgment before domesticating it in Florida depends on the specific requirements of Florida law. It is recommended that you consult with a qualified attorney in Florida to determine the best course of action for enforcing the court order in that state.

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