Legal Question in Family Law in California
My Ex and I, appeared in Court on several occasions in regards to Spousal Support Arrears owed to me. In my "Supplemental Declaration of ......... on the Issue of Ongoing Spousal Support and Arrears Owed" I stated that "Petitioner asks for no less than $ 2,000.00 a month for 29.02697 months (2 years 5 months) starting 01 Aug 2013 through Jan 2016. PETITIONER also asks that at least $ 1,500.00 be paid within the first (1st) three (3) days of every month and the remainder $ 500.00 be paid by the 15th of every Month; as PETITIONER will be charged an additional $ 75.00 if Rent is NOT paid within the first (1st) three (3) days of every Month." RESPONDENT agreed and signed an "AGREEMENT" and became Court Order.
August 2013 Payment was paid by the 3rd; September 2013 Payment was not made until I notified the RESPONDENT and told him that if I didn't receive payment the 3rd he would have to pay me an extra $75.00 for Rental Fine. He mailed check on 5th for $ 2,000.00 but refuses to pay extra $75.00. What Forms, exactly, to a File to get reimbursement every time he is late with his payment. Do I fill out "Enforcement" or do I file papers for "Default" of Spousal Support Arrears Agreement and start all over in Court (nullifying and voiding previous Agreement).
1 Answer from Attorneys
What your declaration stated is not the same as what was ordered. Please let us know the exact wording of the order, or you can fax it to me. I can give you an informed answer only if I know the exact wording of the order.
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