If Judgment includes attorney fees, can legal fees to pursue collection be included in Memorandum of Costs?

Question

CA Family Law Court Order against X included paying attorney fees.  Order was turned into a Judgment, now domesticated in another state.  Can legal costs pursuing collection be included when the Form MC-012 is filed?  
In other words, does statute below cover Family Law Court Orders that have been turned into a Judgment? 
   
685.040.   
 
The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5. 
(Amended by Stats. 1

Joel Gary Selik · Answer

Yes they can.  But a motion is required to add the attorney fees.

James L. Arrasmith · Answer

To answer this question, let's break it down step by step: 
 
1. The original Family Law Court Order included attorney fees against X. 
 
2. This order was turned into a Judgment. 
 
3. The Judgment has been domesticated in another state. 
 
4. The question is whether legal costs for pursuing collection can be included when filing Form MC-012 (Memorandum of Costs After Judgment). 
 
5. The key statute cited is California Code of Civil Procedure Section 685.040. 
 
Based on this information and the statute provided, here's the analysis: 
 
1. Section 685.040 generally allows judgment creditors to recover "reasonable and necessary costs of enforcing a judgment." 
 
2. The statute specifically addresses attorney's fees, stating that they are not included in collectible costs unless: 
   a) Otherwise provided by law, or 
   b) The underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to CCP 1033.5(a)(10)(A). 
 
3. In this case, the original Family Law Court Order included attorney fees, which was then turned into a Judgment. 
 
4. Family Law orders that have been turned into judgments are generally treated as any other civil judgment for enforcement purposes. 
 
Given these points, it appears that: 
 
1. The reasonable and necessary costs of enforcing the judgment can be included in the Memorandum of Costs. 
 
2. Attorney's fees incurred in enforcing the judgment can likely be included as well, since the underlying judgment (derived from the Family Law Court Order) included an award of attorney's fees. 
 
However, there are a few important caveats: 
 
1. The statute specifically refers to attorney's fees awarded under CCP 1033.5(a)(10)(A). Family Law attorney's fees are typically awarded under different statutes (e.g., Family Code sections). It's not entirely clear if this distinction matters for the purposes of 685.040. 
 
2. The fact that the judgment has been domesticated in another state may complicate matters, as the enforceability of certain costs may depend on that state's laws. 
 
To get a definitive answer, it would be advisable to: 
 
1. Consult with a California attorney specializing in judgment enforcement and family law. 
2. Check if there are any specific family law statutes or case law that address this issue. 
3. Consider the laws of the state where the judgment has been domesticated. 
 
While it appears that the costs and fees could potentially be included in the Memorandum of Costs, given the complexities involved, professional legal advice would be crucial to ensure compliance with all applicable laws and procedures.

Q: If Judgment includes attorney fees, can legal fees to pursue collection be included in Memorandum of Costs?