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CFLS > Enforcement > Flashcards

Enforcement Flashcards

1
Q

Court has discretion to enforce judgments by _____.

A

execution
receiver
contempt, or
other order

Fam. Code 290

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2
Q

The court’s enforcement discretion does not bypass other ______.

A

express statutory requirements and limitations

Cal‐Western Reconveyance Corp. v. Reed (2007) 152 Cal.App.4th 1308

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3
Q

Enforcement of a family law judgment can only be sought in the _____ proceeding.

A

family law

Marriage of Lackey (1983) 143 Cal.App.3d 698

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4
Q

The court may appoint a _____ on its own motion.

A

receiver

Marriage of Economou (1990) 224 Cal.App.3d 1466

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5
Q

A Judgment creditor in a family law proceeding can conduct _____ accompanied by a subpoena for production of records.

A

a judgment debtor examination

CCP 708.110

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6
Q

There is no power of enforcement absent an ____.

A

entered judgment or order

CCP 664

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7
Q

If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may _____. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until ______.

A

enter judgment pursuant to the terms of the settlement

performance in full of the terms of the settlement

CCP 664.6

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8
Q

Enforcement is typically ____ pending appeal absent an order or the posting of a bond.

A

not stayed

CCP 917.1

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9
Q

Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for possession or sale of property: ____.

A

(a) The judgment may not be enforced;
(b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease;
(c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished.

CCP 683.020

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10
Q

A money judgment or judgment for possession or sale of property that is made or entered under Fam. Code, including a judgment for child, family, or spousal support, is enforceable until _____.

A

paid in full or otherwise satisfied (i.e. no 10 year limitation)

Fam. Code 291

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11
Q

Enforcement of judgment when debtor is deceased must be brought: _____.

A

(1) Four months after the date letters are first issued to a general personal representative OR
(2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor.

Prob. Code 9100

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12
Q

The CCP section for exemptions of property in relation to a judgment debtor.

A

CCP 704.010 et. seq.

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13
Q

An execution lien reaches only ____.

A

the judgment debtor’s interest in the property

Marriage of Finnell (1986) 182 Cal.App.3d 52

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14
Q

Interest of a partner in a partnership or an LLC is subject to _____.

A

execution by a chagrin order

CCP 708.310

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15
Q

Non-bankruptcy homestead exemptions are as follows: ____

A

(1) $75k individual;
(2) $100k for family;
(3) $175k if over 65, disabled, or 55 with income less than $25k single or $35k if married.

CCP 704.730

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16
Q

The burden to prove disability to obtain higher homestead exemption is on ______.

A

the party making the claim

Cal‐Western Reconveyance Corp. v. Reed (2007) 152 Cal.App.4th 1308

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17
Q

Upon ______, the court clerk shall enter the renewal of the judgment in the court records.

A

the filing of the application

CCP 683.150(a)

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18
Q

There is no renewal of judgment requirement for ______.

A

family law judgments

Schelb v. Stein (2010) 190 Cal.App.4th 1440

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19
Q

Enforcement remedies can extend to ______ who holds funds in trust without a joinder.

A

a party’s attorney

Marriage of Wagoner (1986) 176 Cal.App.3d 936

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20
Q

Orders permitting removal of a child from CA are automatically stayed for _____. Does not apply to the return of a child under UCCJEA or Hague.

A

30 days

CCP 917.7

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21
Q

There is no _____ limitation for the enforcement of family law judgments for collection of unpaid support.

A

retroactivity

Marriage of Fellows (2006) 39 Cal.4th 179

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22
Q

Overpayments of support can be credited to _____.

A

past or future arrearages

Marriage of Peet (1978) 84 Cal.App.3d 974

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23
Q

The court cannot reduce the amount of an arrearage for CS and childcare expenses simply because _____.

A

the actual childcare expenses were less than the amount of the order

Marriage of Tavares (2007) 151 Cal.App.4th 620

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24
Q

Enforcement of a support order can be denied if ______.

A

child is in sole custody of the obligor parent

Marriage of Trainotti (1989) 212 Cal.App.3d 1072

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25
Q

Enforcement can be denied during parents’ marital period if the _____.

A

parents marry after entry of a paternity judgment and support order

Marriage of Wilson & Bodine (2012) 207 Cal.App.4th 768

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26
Q

The court can offset one support order arrearage _____ between the parties under conflicting orders.

A

against another support arrearage

Keith G. v. Suzanne H. (1998) 62 Cal.App.4th 853

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27
Q

“Private child support collector” means any _____ who is engaged by an obligee to collect child support ordered by a court or other tribunal for a fee or other consideration.

A

individual
corporation
attorney, nonprofit organization, or
other nongovernmental entity

Fam. Code 5610

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28
Q

A private child support collector shall provide to an obligee all of the following information: _____

A

(i) The name of, and any other identifying information relating to, an obligor
(ii) The amount of support
(iii) The date on which each amount was received
(iv) The date on which each amount received was sent to the obligee
(v) The amount sent to the obligee
(vi) The source of payment of support collected
(vii) The amount and percentage of private child support collector as its fee.

Fam. Code 5614(a)(1)

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29
Q

A private child support collector shall provide, prior to commencing collection activities, _____ to the local child support agency. The notice shall identify _____.

A

written notice of a contract with an obligee

the obligee, the obligor, and the amount of the arrearage claimed by the obligee

Fam. Code 5614(a)(5)

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30
Q

____ to an order has the right to cancel at any time.

A

Obligee

Fam. Code 5611

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31
Q

Where dad got derivative benefits for children, he was entitled to ____.

A

credit dollar for dollar against ongoing CS obligation

Y.H. v. M.H. (San Diego Co. DCSS) (2018) 25 Cal.App.5th 300

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32
Q

Either DCSS or the obligee can _____.

A

register a CS order in a different county within CA

Fam. Code 5600(b)

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33
Q

Registration shifts venue to the _____.

A

county where the order is registered

Fam. Code 5601(e)

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34
Q

Obligor has 20 days to contest the registration or obtain other relief but challenges are limited to: _______.

A

(1) Identity of obligor
(2) Validity of the underlying order
(3) Accuracy of statement of unpaid support unless the amount of unpaid support was previously judicially established.

Fam. Code 5603(a)

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35
Q

If the obligor seeks a stay of execution then the obligor must _____ for payment of support.

A

post security

Fam. Code 5603(b)

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36
Q

Interest accrued on CS arrears is not a ______ because interest owed is self-imposed.

A

prejudice sufficient to justify the use of laches offensively

In re Marriage of Parker (2017) 14 Cal.App.5th 681

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37
Q

If obligor is disabled, meets SSI resource test, and receives Supp. SSI, and has provided proof of eligibility to DCSS, then the order/notice to withhold income on arrears shall not _____.

A

exceed 5% of the obligor’s total monthly SSD payment

Fam. Code 5246(c)(3)

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38
Q

Dad did not provide proof of eligibility and therefore it was _____ that DCSS was allowed to withhold more than 5%.

A

not error

Lak v. Lak (2020) 50 Cal.App.5th 581

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39
Q

Satisfaction of a judgment for support shall be credited as follows: _____.

A

(1) current support obligation
(2) unpaid arrearages
(3) unpaid accrued interest.

CCP 695.221

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40
Q

DCSS may access the _____.

A

California Parent Locator Service

Fam. Code 17506

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41
Q

DCSS may ____ persons who have or will have possession or control of any credits or personal property of obligor.

A

levy

Fam. Code 17522

42
Q

DCSS may intercept _____.

A

federal and state tax refunds

Fam. Code 17450‐17460

43
Q

DCSS can seek suspension, nonrenewal, or non-issuance of a ___.

A

business or professional license or permit
driver’s license

Fam. Code 17520

44
Q

DCSS may levy and sell assets under _____.

A

warrant

Fam. Code 17522(i)

45
Q

DCSS may seek an ____ support enforcement order.

A

expedited

Fam. Code 4250 et seq.

46
Q

Except in exceptional circumstances the request for expedited support enforcement orders shall be heard by _____.

A

Title IV‐D commissioners

CRC Rule 5.305(a)

47
Q

DCSS may record ____ for open support cases.

A

real property liens

Fam. Code 4506(c)

48
Q

Recordation of lien by DCSS _____ for enforcement.

A

establishes priority

Wujcik v. Wujcik (1994) 21 Cal.App.4th 1790

49
Q

DCSS lien remains enforceable until _____.

A

judgment is paid in full

CCP 697.360(b)

50
Q

DCSS shall cease enforcement of CS arrearages ______.

A

deemed uncollectible

Fam. Code 17400

51
Q

Factors Determining Arrears as Uncollectible

A

(1) Income and assets
(2) sources of income
(3) age of arrearage
(4) number of support orders
(5) employment history
(6) payment history
(7) incarceration history
(8) whether income was imputed; and
(9) other readily ascertainable debts.

52
Q

Uncollectible Incomes

A

If sole income is from (1) SSI/SSP; (2) SDI; (3) Assistance for aged, blind, disabled legal immigrants; and (4) Veterans disability compensation in an amount equal to or less than the amount the noncustodial parent would receive in SSI/SSP.

53
Q

A proceeding for enforcement of another state’s support order may be initiated under _____.

A

UIFSA

Fam. Code 5700.101 et. seq

54
Q

The enforcement and modification can extend to foreign country support orders if ____.

A

UIFSA‐like procedures were followed

Fam C 5700.102

55
Q

Even if payor ____, issuing state retains enforcement jurisdiction.

A

moves to CA

Kilroy v. Superior Court (1997) 54 Cal.App.4th 793

56
Q

Residence means ____ for UIFSA.

A

domicile

Amezquita and Archuleta (2002) 101 Cal.App.4th 1415

57
Q

Filing _____ and filing for a _____ in CA can result in loss of jurisdiction in another state/country.

A

U.S. tax returns

restraining order

Gonzalez v. Rebollo (2014) 226 Cal.App.4th 969

58
Q

The Italian law does not include _____ but this is not a deficiency under UIFSA.

A

a guideline for support

Cima‐Sorci v. Sorci (2017) 17 Cal.App.5th 875

59
Q

UIFSA permits exercise of personal jurisdiction over _____ in proceedings to establish, enforce, or modify a support order or to determine parentage.

A

a nonresident

Fam C 5700.201

60
Q

CA must exercise jurisdiction if it is present under UIFSA. The court cannot return jurisdiction to the originating state as _____.

A

a means of avoiding exercise of jurisdiction

Stone v. Davis (2007) 148 Cal.App.4th 596

61
Q

Under UIFSA, the court may _____ or other relief.

A

order fees and costs

Fam C 5700.102(28)

62
Q

Attorney’s fees & costs can be awarded to a ______.

A

prevailing obligee

Fam C 5700.313

63
Q

The court cannot “revive” an order that would be _______.

A

rendered unenforceable in the originating state

Scheuerman v. Hauk (2004) 116 Cal.App.4th 1140

64
Q

A non-registering party may challenge registration of the order so long as objection is filed within _____.

A

30 days

Fam C 5700.606

65
Q

Once registered in CA the amount of arrears is confirmed by _____. The payor would be precluded from ______.

A

operation of law

contesting the arrears

Marriage of Sawyer (2020) 57 Cal.App.5th 724

66
Q

Income withholding orders from other states are ______ without registration of the order.

A

enforceable in CA

Fam. Code 5700.501 et. seq.

67
Q

The court may modify out-of-state order if ______.

A

the order has been registered
the petition seeking modification is verified, and
provides the essential information such as names, addresses, social security numbers, etc. of each party

Fam. Code 5700.311

68
Q

Absent consent of the parties CA lacks jurisdiction to modify a sister state support order if _____.

A

a child or one party resides in the issuing state

Fam C 5700.205

69
Q

To modify an existing order for support CA may only act if it has ______.

A

personal jurisdiction over the obligor

Fam C 5700.201

70
Q

Once F, M, and C leave CA, the requisite connection is lost for ______.

A

exclusive jurisdiction

In re Marriage of Haugh (2014) 225 Cal.App.4th 963

71
Q

CA Attorney General can declare a foreign country a ______ for purposes of UIFSA.

A

reciprocating state

Willmer v. Willmer (2006) 144 Cal.App.4th 951

72
Q

Final Judgments rendered by a state court of competent subject matter and personal jurisdiction must be _______ under ARt. IV of the Const.

A

recognized in all other states

Marriage of Hattis (1987) 196 Cal.App.3d 1162

73
Q

CA must recognize sister state constitutionally sufficient _______.

A

judgments of dissolution of marriage

Williams v. State of North Carolina (1942) 317 U.S. 287

74
Q

CA can consider lack of _____ in original decree state.

A

subject matter jurisdiction

Zaragoza v. Superior Court (1996) 49 Cal.App.4th 720

75
Q

The Uniform Divorce Recognition Act.

A

Fam. Code 2090 et seq.

76
Q

CA recognizes paternity determinations made in another state by ______.

A

administrative or judicial process

Fam. Code 5604

77
Q

Assets left unadjudicated by an out of state property division judgment may ______ in a CA proceeding.

A

be determined

Marriage of Moore & Ferrie (1993) 14 Cal.App.4th 1472

78
Q

If the rendering state grants relief from fraudulent property transfers based on violations of the ______. CA court may set aside the property transfer.

A

Uniform Fraudulent Transfer Act (UFTA)

Filip v. Bucurenciu (2005) 129 Cal.App.4th 825

79
Q

Foreign country money judgment can be enforced by filing a complaint under the _______.

A

Uniform Foreign‐Country Money Judgments Recognition Act under CCP 1713-1715

Marriage of Lyustiger (2009) 177 Cal.App.4th 1367

80
Q

Parties cannot challenge ______ made in foreign judgments. UIFSA proceedings are strictly limited to enforcement.

A

the underlying determinations

County of Los Angeles Child Support Srvs. Dept. v. Superior Court (Youngblood) (2015) 243 Cal.App.4th 230

81
Q

Family law judgments secured by real property are not governed by the _____.

A

Marketable Record Title Act

Schelb v. Stein (2010) 190 Cal.App.4th 1440

82
Q

Equalization payments are money judgments so statutory interest is due from ____ under CCP 685.010 unless specifically ordered or agreed to otherwise.

A

the date payment was due

In re Marriage of Dalgleish & Selvaggio (2017) 17 Cal.App.5th 1172

83
Q

An order for sale of property to be divided is NOT _______.

A

a money judgment

Marriage of Teichmann (1984) 157 Cal.App.3d 302

84
Q

Enforcement against a pension is _____.

A

permissible

Trustees of Directors Guild of America‐Pension Benefit Plans v. Tise (9 Cir 2000) 234 F.3d 415

85
Q

Enforcement against an IRA is _____.

A

permissible

Marriage of Lamoure (2011) 198 Cal.App.4th 807

86
Q

A _____ is required for the purpose of enforcement of a support obligation against an ERISA governed retirement interest for current or support arrearages.

A

QDRO

IRC 414(p)(1)(B)

87
Q

_______ in a dissolution judgment does not relate to the provision of marital property rights within the meaning of a QDRO and is insufficient grounds to defeat ERISA’s general garnishment proscription.

A

Enforcement of a collateral, contingent tax liability

Marriage of Marshall (1995) 36 Cal.App.4th 1170

88
Q

Beneficial interests in ______ are not subject to credit claims.

A

spendthrift trusts

Prob. Code 15300-301

89
Q

Court may order trustee of spendthrift trust to satisfy ______.

A

beneficiary’s CS obligation

Prob. Code 15305

90
Q

The policy of _______ “outweighs” the policy of permitting a property owner to dispose of his or her property as he or she wishes.

A

ensuring payment of child support

Ventura County Dept. of Child Support Services v. Brown (2004) 117 Cal.App.4th 144

91
Q

As a matter of law a ______ cannot defeat rights to pursue payment of support as protected by Prob. Code 15305.

A

shutdown clause

Pratt v. Ferguson (2016) 3 Cal.App.5th 102

92
Q

Assuming fraudulent intent, the Uniform Voidable Transactions Act can apply to a ____ in which the prospective spouses agree that upon marriage each spouse’s earnings, income, and other property acquired during marriage will be that spouse’s separate property.

A

premarital agreement

Sturm v. Moyer (2019) 32 Cal.App.5th 299

93
Q

Active concealment of a child may support an _______ by the custodial parent during the concealment period.

A

estoppel defense to preclude enforcement

Marriage of Damico (1994) 7 Cal.4th 673

94
Q

Family law court is a court of equity. Those who seek equity must do equity and have _____.

A

clean hands

Mom cannot collect 25 year old CS arrearages where she concealed the children for over 15 years.

In re Marriage of Boswell (2014) 225 Cal.App.4th 1172

95
Q

Estoppel defense does not apply to actions to collect support arrearages payable to _____.

A

a government agency or court trustee

Marriage of Walters (1997) 59 Cal.App.4th 998

96
Q

Courts have no discretion to ____ support arrearages by retroactive modification.

A

forgive

Marriage of Tavares (2007) 151 Cal.App.4th 620

97
Q

The doctrine of accord and satisfaction only applies if there is a bona fide dispute regarding ______ and payment of the lesser sum is _____ as acceptance of payment in full obligee accepts payment with full understanding it represents a complete discharge.

A

the amount of the debt

expressly conditioned

Marriage of Sabine & Toshio M. (2007) 153 Cal.App.4th 1203

98
Q

A contract to make a will generally _______ during the promisor’s lifetime.

A

cannot be enforced

Marriage of Edwards (1995) 38 Cal.App.4th 456

99
Q

CCP 704.115 does not exempt _____ for judgment creditors. The court must weigh current wages and salaries and the factors established in CCP 704.115(b).

A

529 accounts

O’Brien v. AMBS Diagnostics, LLC (2016) 246 Cal.App.4th 942

100
Q

If property that is previously CP is awarded to one spouse as SP in a MSA or judgment, that property cannot be used for ______ against the other spouse.

A

charging order

Litke O’Farrell, LLC v. Tipton (2012) 204 Cal.App.4th 1178

101
Q

When W was awarded ½ interest of 12.5% in an LLC, a loan by another member to H after judgment _____ where M knew H’s portion was encumbered by W’s interest.

A

cannot be secured against W’s portion

Feresi v. The Livery, LLC (2014, as mod 2015) 182 Cal.Rptr.3d 169

CFLS (16 decks)

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