Judgment due from UCCJEA

[NYdad88]

What is the name of your state (only U.S. law)? NY but judgement order is from the state of Texas, Harris County.

I am looking to find out how to go about pursuing a judgment ordered from the court from the UCCJEA enforcing a custody order to my ex from the state of NY in Texas. I have a judgment in the amount of 12K incurred from getting my daughter returned to me.

I am wondering if I have to hire an attorney to pursue this matter or is this something I can do myself. I don't know if this is the correct forum to post this question.

 

[stealth2]

Given that you are in NY, it would likely be more expedient to hire an attorney in TX. You can likely retrieve those costs, as well.

 

[TinkerBelleLuvr]

I have similar situation - different state. You have to file a motion with the courts to render a garnishment. I submitted to the courts the form to make it garnishable along with the court orders that stated the amounts due. Once I received the garnishment from the court, then I had to submit it to the employer to be garnished.

Not all states allow wages to be garnished. You need to research (google is your friend) what Texas allows to be garnished - be it bank accounts, wages, etc.

In this case, there should be a court order that establishes the amount that is due. THAT is part of what you will use to establish the amount to be garnished.

 

[Proserpina]

Texas generally does not allow wages to be garnished. If it's actually for unpaid child support, that's one of the few exceptions (along with other government debts.) Given that the judgment here isn't actually for child support I don't rate OP's chances highly at all.

 

[BL]

I am looking to find out how to go about pursuing a judgment ordered from the court from the UCCJEA enforcing a custody order to my ex from the state of NY in Texas.

Is there a Child Support Enforcement Agency handling this under the UCCJEA?

 

[NYdad88]

No, there's no agency handling this.

 

[TheGeekess]

Is there a Child Support Enforcement Agency handling this under the UCCJEA?

Dude was awarded $$ from when he went to Texas from NY to regain custody.

Former threads:
https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/warrant-take-physical-possession-minor-child-602029.html
https://forum.freeadvice.com/child-custody-visitation-37/domesticating-custody-order-600792.html

UCCJEA has NOTHING to do with OP recovering money from Mom for court costs (or CS for that matter).

 

[Proserpina]

Then I foresee him sitting on that judgment for a long, long time.

No tax refund interception.
No wage garnishment.

The only thing that comes to mind is a bank levy - but even then Texas is extremely debtor-friendly.

Quick version here: http://www.avvo.com/legal-guides/ugc/what-property-can-i-protect-from-judgment-creditor-seizure-in-texas

Sorry OP, but I wouldn't hold my breath if I were you.

 

[BL]

E = Enforcement ..

It was mentioned ,and I rarely look at poster's histories.

If I happen to be following a thread I usually recall, otherwise ..

 

[latigo]

What is the name of your state (only U.S. law)? NY but judgement order is from the state of Texas, Harris County.

I am looking to find out how to go about pursuing a judgment ordered from the court from the UCCJEA enforcing a custody order to my ex from the state of NY in Texas. I have a judgment in the amount of 12K incurred from getting my daughter returned to me.

I am wondering if I have to hire an attorney to pursue this matter or is this something I can do myself. I don't know if this is the correct forum to post this question.

How many orders are you talking about, what is their specific nature and which state is the issuing tribunal?

1. You mention a "judgment order from Texas".

2. Then we are told of "a custody order from the UCCJE from the state of NY in Texas", which is best vague. What are we to understand from your prepositions "from" and "in"? Was the UCCJEA order issued "out" of a New York court or out of a court in Texas? And where the blazes does the mother live? Texas or New York?

3. Lastly (thankfully) its "I have a judgment in the amount of 12K incurred from getting my daughter returned to me". Again, not indication of the state where the judgment was issued.

Is this $12K money judgment one and the same as number 1. above? Or is it something else?

What is puzzling is how this $12K money judgment, which admittedly does not represent child support arrearages, could have emanated from either a UCCJEA or a UIFSA/URESA hearing! The former restricted to custody determination and the latter confined to issues relating to family support.

Perhaps you would care to add explanation. As it stands your questions can't be meaningfully addressed.

 

[NYdad88]

It was a custody order from the state of NY, being enforced in the state of NY. Mother was and still is in Texas. The monetary judgement was awarded to me against the mother for expenses incurred enforcing the order.

Since this post, I have contacted my attorney and yes, as you said, TX does not garnish wages. So the odds of me ever collecting on the judgement are slim to none. Was worth looking into after the dust had settled after getting my daughter back.

Thanks for your help.

 

[NYdad88]

Meant enforced in state of Texas in above post. Sorry

 

[Proserpina]

It was a custody order from the state of NY, being enforced in the state of NY. Mother was and still is in Texas. The monetary judgement was awarded to me against the mother for expenses incurred enforcing the order.

Since this post, I have contacted my attorney and yes, as you said, TX does not garnish wages. So the odds of me ever collecting on the judgement are slim to none. Was worth looking into after the dust had settled after getting my daughter back.

Thanks for your help.

Hmm...not all is lost. If she ever moves out of Texas (and hopefully not to PA), you can start working on domesticating that judgment and collecting in the new state.