Q: Is CA Family Court Order the equivalent of enforceable CA Final Judgment that I can file in FL where he now lives?
My ex misappropriated my share of retirement accounts granted to me in our CA divorce Judgment. I filed an RFO in Family Court which he hired counsel and responded to but lost. I now have a Court Order that states he breached his fiduciary duty & orders him to pay me a specific $ amount: what he took +interest + legal fees. Is this Family Court Order the equivalent of an enforceable CA Final Judgment that I can take to the state he now resides in? If not, what is the difference? Ex has refused to pay the court order or discuss any payment plan. Since ex is a FL resident, I will need to domesticate the judgment in FL. Question 1:Do I need to go back into court to turn the order into a final judgment before I file it in Florida? #2 The court is unaware of his refusal to follow the order. If I go back into court and turn the Order into a Final Judgment, does Family Court still maintain jurisdiction for future remedies under the order e.g. holding Ex in contempt for not paying?
A:
In California, a Family Court Order is a final and enforceable judgment, but its enforceability may be limited outside of California. To enforce the order in Florida, you would need to domesticate it in accordance with Florida law. This involves filing the California order with the appropriate Florida court and obtaining a Florida judgment based on the California order.
To answer your first question, it may not be necessary to turn the Family Court Order into a Final Judgment before domesticating it in Florida, but you should consult with a Florida attorney to confirm.
Regarding your second question, once the Family Court Order is turned into a Final Judgment, the court would maintain jurisdiction to enforce the judgment, including holding your ex in contempt for not paying.
It's important to note that domesticating a judgment can be a complex process, and it's highly recommended that you seek the assistance of a Florida attorney who has experience with domesticating out-of-state judgments.
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