By Nicole Billings

Financial judgments ordered by the family court and contained within a divorce decree (or other family court order) are enforceable by methods similar to the procedures used to enforce any order issued by other civil courts.

1.     The order must in include the following wording: "X shall have judgment against Y..." and "Let judgment be entered accordingly".

2.     The beneficiary of the judgment (the "creditor") then dockets the judgment by filing with the court an Affidavit of Identification.  This form is accessible on-line.  There is no filing fee.

3.     Now that the judgment is docketed, the creditor can request a writ be issued.  There is no formal form for doing this, a letter to the clerk of court will do.  There is a $55 fee for the writ to be issued.

4.     The writ is issued directly to the creditor who then takes it to the Sheriff's office in the county where the party whom judgment was entered against (the "debtor") banks or is employed.

5.     The Sheriff provides an instruction sheet that must be filled out thoroughly, include the debtor's identifying information and the type of levy the creditor wants.  There are four types:

Bank levy:  The creditor must know the debtor's bank information.

Wage levy:  The creditor must know where the debtor works.  Deductions can continue for 180 days. If a creditor wants a wage levy, then the creditor must complete an additional form that is served upon the debtor and gives the debtor notice about exemptions and other relief that might be available to the debtor.

General Demand:  This type of levy is where the Sheriff demands cash directly from the debtor.

Property levy:  The creditor must list the property and its value.

The Sheriff charges $40 to serve the writ.  If a bank or wage levy is requested, an addition $15 must be paid by the creditor to that institution.

There are additional tools available for collecting spousal maintenance and even more for child support.