Non Payment in a divorce Judgement-KS

[kcv50]

My daughter recently got a divorce in the State of Kansas. She received a final decree and judgment for her ex to pay a certain amount. It has been 3 months and my daughter has not received a penny. Can she alone (without using an attorney) file any forms with the Court to garnish his wages so that he can begin to pay what he owes?

 

[Ohiogal]

My daughter recently got a divorce in the State of Kansas. She received a final decree and judgment for her ex to pay a certain amount. It has been 3 months and my daughter has not received a penny. Can she alone (without using an attorney) file any forms with the Court to garnish his wages so that he can begin to pay what he owes?

For what does he owe the money? how was it ordered in the divorce decree? how much time was he granted in which to pay? When was the order timestamped/entered as a judgment? What is the penalty in the divorce decree for non payment? She cannot just file for the court to garnish his wages. More information is necessary.

 

[kcv50]

The final Journal Entry Decree of Divorced was signed 2/21/14 and time stamped by the court on 2/24/14. The respondent had 30 days from that date to pay my daughter. The agreed to date to pick up his belongings was 3/30/14. My daughter didn’t receive ANY of the monies owed to her and still hasn’t as of 5/14/14. (As a side note, they were married for 6 years w/no kids; she has had one job for the entire marriage and he had 10 of which he was let go from or fired because of absenteeism or suspected drug use). She was told by her atty that you cannot hold his belongings. If you do you will be in contempt of court. He came on that date and picked up his belongings; he also returned 10 days later and broke into her house through a window he had unlatched while there and helped himself to property that was not his to take. A police report was filed and she now has a ‘Protection from Stalking’ order against him.

The final Journal Entry Decree states that in the event either party is forced to pay any amount toward an obligation which was the responsibility of the other party, the responsible party shall promptly reimburse the other party for any amounts which have been paid on his behalf. Each party agrees that they will reimburse the other party for all expenses incurred to include reasonable attorney’s fees as a result of failure to pay the obligation assigned to them.
My 27year old daughter has had to borrow over $100,000 (total for the incurred debts including legal fees) to get herself out of this mess. All she was asking for was a measly $3,500 to pay back taxes (his half). She originally had asked him to pay much more but between him and his attorney this entire divorce dragged out for 10 months and he was claiming he had no money and no job. ALL I AM ASKING IS CAN SHE FILE PAPERWORK THROUGH THE COURT HERSELF TO PLACE A GARNISHMENT ON HIS WAGES WHEN HE IS WORKING SO SHE CAN RECOUP SOMETHING OUT OF THIS….IF MORE FOR THE PRINCIPLE THAN ANYTHING ELSE? She has learned her lesson the hard way and it will take her years to get out of debt because of it. She is afraid to incur more debt by having to pay an atty more fees to collect (which are supposed to be able to be reimbursed according to the decree) but she afraid she won’t get that back either.

 

[Ohiogal]

The final Journal Entry Decree of Divorced was signed 2/21/14 and time stamped by the court on 2/24/14. The respondent had 30 days from that date to pay my daughter. The agreed to date to pick up his belongings was 3/30/14. My daughter didn’t receive ANY of the monies owed to her and still hasn’t as of 5/14/14. (As a side note, they were married for 6 years w/no kids; she has had one job for the entire marriage and he had 10 of which he was let go from or fired because of absenteeism or suspected drug use). She was told by her atty that you cannot hold his belongings. If you do you will be in contempt of court. He came on that date and picked up his belongings; he also returned 10 days later and broke into her house through a window he had unlatched while there and helped himself to property that was not his to take. A police report was filed and she now has a ‘Protection from Stalking’ order against him.

The final Journal Entry Decree states that in the event either party is forced to pay any amount toward an obligation which was the responsibility of the other party, the responsible party shall promptly reimburse the other party for any amounts which have been paid on his behalf. Each party agrees that they will reimburse the other party for all expenses incurred to include reasonable attorney’s fees as a result of failure to pay the obligation assigned to them.
My 27year old daughter has had to borrow over $100,000 (total for the incurred debts including legal fees) to get herself out of this mess. All she was asking for was a measly $3,500 to pay back taxes (his half). She originally had asked him to pay much more but between him and his attorney this entire divorce dragged out for 10 months and he was claiming he had no money and no job. ALL I AM ASKING IS CAN SHE FILE PAPERWORK THROUGH THE COURT HERSELF TO PLACE A GARNISHMENT ON HIS WAGES WHEN HE IS WORKING SO SHE CAN RECOUP SOMETHING OUT OF THIS….IF MORE FOR THE PRINCIPLE THAN ANYTHING ELSE? She has learned her lesson the hard way and it will take her years to get out of debt because of it. She is afraid to incur more debt by having to pay an atty more fees to collect (which are supposed to be able to be reimbursed according to the decree) but she afraid she won’t get that back either.

Most of the above matters not. What was he ordered to pay by the divorce decree? You haven't actually stated that. The proper thing your daughter needs to do is file a motion to show cause against him and have the court find him in contempt and deal with it that way.

 

[Silverplum]

http://www.kscourts.org/programs/self-help/

 

[kcv50]

Most of the above matters not. What was he ordered to pay by the divorce decree? You haven't actually stated that. The proper thing your daughter needs to do is file a motion to show cause against him and have the court find him in contempt and deal with it that way.

Does she have to have an attorney or can she file the motion on her own to show cause against him and have the court find him in contempt ??

 

[Ohiogal]

Does she have to have an attorney or can she file the motion on her own to show cause against him and have the court find him in contempt ??

She never needs to have an attorney if she is willing to educate herself -- read the link given above, read the local rules, the rules of procedure, the rules of evidence.

 

[kcv50]

She never needs to have an attorney if she is willing to educate herself -- read the link given above, read the local rules, the rules of procedure, the rules of evidence.

Thank you so much for the info. I will pass it on to her. You have been a big help!

 

[latigo]

My daughter recently got a divorce in the State of Kansas. She received a final decree and judgment for her ex to pay a certain amount. It has been 3 months and my daughter has not received a penny. Can she alone (without using an attorney) file any forms with the Court to garnish his wages so that he can begin to pay what he owes?

First of all, I wouldn't discourage your daughter from trying to have her ex cited for contempt of court, but she isn't apt to gain financially.

What's more is that the court won't find him in contempt unless it also finds that he is shown to have willfully failed to abide by the order And willfully means that he is financial able to do so. And the burden may be fall upon her to prove that he has had the ability to pay. Which could entail a lot of pre-hearing discovery stuff trying to sort out his financial records, which he probably doesn't have.

If she wants to spend time and energy to that end, fine, but she is in need of money. Right?

You mention something about garnishing his wages perhaps indicating that he has stable employment. If so, she may wish to request of the court the issuance of an Order of Garnishment. (In Kansas this can be done pursuant to a money judgment without the necessity of first securing a writ of execution, which avoids one legal step in the process.)

The question is she capable of effecting a wage garnishment and I don't think she or any layperson has the wherewithal.

But if she feels up to trying it on her own, then she needs to thoroughly study (not scan) the set of procedures set forth in the Kansas Statutes Annotated. She will find them beginning at Chapter 61, Civil, For Limited Actions, Article 35: Attachment And Garnishment. (KSA Section 61-3504 et seq.)

She needs to understand however, that this ain't going to be no walk in the park. It is a complicated process and that she won't get any assistance from the courthouse and if he isn't making much, she won't be receiving much - no more than 25% of his disposable wages per pay period. And if he decides to throw up road blocks, she will wish she hadn't started.

Its sad to her of her dire financial condition and yet she is the one that married the bum.