In divorce proceedings, courts often award one party a monthly spousal support payment for a specified period of time. Unfortunately, some obligors fail to make required payments. When this happens, the other party may bring an action in a California court to enforce a judgment for spousal support.
Several judgment lien provisions exist to assist a party seeking to enforce a spousal support award. Understanding how these laws affect your right to past due payments is critical. To protect your financial and legal rights, contact an experienced San Diego family law attorney as soon as possible.
What Is a Spousal Support Judgment Lien in California?
Under Section 697.320 of the California Code of Civil Procedure, a judgment lien on real property may be created by recording a judgment for marital support obligations payable in installments.
The statute provides that the judgment lien covers installments as they mature under the terms of the judgment. However, it does not become a lien for any installment until that amount is due and payable. This provision allows a party to enforce a judgment lien only for support payments that are due and owing. It does not apply to future unpaid support payments.
The Case: Ex-Wife Seeks Declaration of Spousal Support Judgment Lien
In a recent case, an ex-wife sought a declaration that she still held a spousal support judgment lien against real property. The property had been formerly owned by her ex-husband and later purchased by a third party from a bank. That third-party purchaser was also named in the suit.
The divorce judgment entered in 1999 required the ex-husband to pay $12,000 in monthly spousal support. He was also required to maintain life insurance as security for the spousal support award.
The Property and the Default
In 2005, the ex-husband executed a Deed of Trust. This encumbered the real property as security for a loan. The ex-husband ultimately defaulted on the loan. The property was sold in foreclosure to a third party in 2009.
The Ex-Wife's Claims
The ex-wife sought a judgment declaring senior priority liens over the Trust Deed and the bank's interests. She also claimed priority over the current property owners. Her claims were based on her former husband's failure to pay spousal support since 2007 and his failure to maintain life insurance under the judgment.
The defendants filed a summary judgment motion. They argued that under Section 697.390, the ex-wife's judgment lien was fixed at the amount of unpaid support due at the time of the 2005 Trust Deed encumbrance. At that point, the amount owed was zero. The ex-husband had not defaulted until 2007.
How Did the Court Rule?
The trial court ruled in favor of the defendants on the support judgment lien. It also concluded that the life insurance obligation was not a money judgment or support obligation capable of creating a judgment lien under the statute.
The ex-wife appealed. The court of appeals reviewed the plain meaning of the statute and the undisputed facts. It agreed with the trial court. The ex-wife's support judgment lien was fixed at the amount of unpaid support due at the time of the 2005 Trust Deed encumbrance, which was zero. The court also affirmed the lower court's ruling on the life insurance obligation.
What This Case Means for You
This case illustrates the complicated nature of laws affecting divorce proceedings in California. Spousal support enforcement is not straightforward. The timing of a lien, the nature of the obligation, and the sequence of property transactions can all affect your legal rights.
It is essential to understand every legal provision applicable to your circumstances. Whether you are seeking to enforce a spousal support order or responding to one, having experienced legal counsel makes a significant difference.
Speak With a San Diego Spousal Support Attorney
Doppelt and Forney, APLC has been representing clients in divorce and spousal support matters throughout San Diego for over 30 years. We serve clients across San Diego County, including North County, East County, Metro San Diego, and South County.
Contact us today to schedule a free 30-minute virtual or in-person consultation with an experienced San Diego family law attorney.
Roy M. Doppelt
Partner
For nearly 30 years, San Diego family law attorney Roy M. Doppelt, Esq. has been providing clients in Southern California with comprehensive legal services. He is currently an active member of the California and San Diego Bar Associations, and he is admitted to practice law in both California and Illinois state courts, as well as the Federal District Court for the Southern District of California.
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