post-judgment letter to client – sample 2 - Professional Liability Fund

POST-JUDGMENT LETTER TO CLIENT – SAMPLE 2
(Delete any paragraph or section below which does not apply to your situation)
Dear [name]:
Enclosed please find a conformed copy of your Judgment of Dissolution of Marriage. The
judgment was signed by Judge [name] on [date], and your divorce became effective on that
date.
You should keep this judgment with your other important documents, as you may need to refer
to it at some time in the future.
Please remember that the judgment is a court order. You and your [ex-husband/wife] are
required to comply with all of its terms.
1. APPEAL
The judgment is subject to appeal, by you or by your [ex-husband/wife], for a period of thirty
days from the date of its entry [entry date]. If neither of you files a notice of appeal within that
time, then no appeal is possible.
Unless I hear from you to the contrary, it is my understanding that you have decided not to
appeal.
Since you and your [ex-husband/wife] agreed upon the terms of your judgment and did not
reserve the right to appeal, as a practical matter it cannot be appealed.
A Judgment of Dissolution can be set aside by the court under certain extreme circumstances;
fraud, for example. I am not aware of any circumstances which would provide a basis for
setting aside your judgment. However, if you have any questions or concerns about this
process, please do not hesitate to call me.
If you think you might want to challenge the trial court’s ruling and take this matter to a higher
court, or if you learn of any facts which might provide reason to set aside the trial court
judgment, please contact me immediately, so that we can discuss your options.
2. CHILD SUPPORT (Client receives support)
You have been awarded child support on behalf of your [child/children] in the amount of
$[amount]. Remember that each monthly child support payment that is not paid accrues nine
percent simple interest. The period of time during which a child support judgment can be
executed upon is 25 years, and the judgment is not renewable.
The Judgment of Dissolution requires your former spouse to pay child support through the
Department of Justice (DOJ). There will be some additional paperwork provided to you by the
DOJ. You should complete it as quickly as possible to ensure that your case is opened in a
timely manner.
Page 1 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

It may take a month or two for the DOJ to actually get the collection account established.
Expect to receive a packet of documents from the district attorney. Fill out the documents as
best you can and promptly send them back to the district attorney. All correspondence you
send to the DOJ should be by Certified Mail/Return Receipt Requested so that you have proof
of notices you have provided
OR
Enclosed is the application form for support enforcement services. Please fill out this document
and promptly send it to the Department of Justice/District Attorney. All correspondence you
send to DOJ should be by Certified Mail/Return Receipt Requested so that you have proof of
notices you have provided.
Please remember to advise the DOJ of any change in address within ten (10) days. Failure to
keep the DOJ advised of your current address will cause delays in receiving your support
payments.
If you request, the district attorney’s office will review the child support amount periodically to
determine whether it should be modified under the Oregon Child Support Guidelines. If you
have any questions about these services, you should contact the support enforcement unit of
your local district attorney’s office.
You agreed that your former spouse may pay child support to you directly. If [he/she] becomes
delinquent, you may request a wage withholding order through the district attorney’s office. If
you have any questions or concerns regarding collecting support, please contact your local
district attorney’s office directly.
2. CHILD SUPPORT (Client pays support)
You have been ordered to make monthly payments of child support for your [child/children].
The Child Support Services Division of the Department of Justice (DOJ) will set up a permanent
account on your behalf to collect and distribute support. The DOJ will assign you a specific DOJ
number. That number is important and should always be written on any check or
correspondence which you send to the DOJ.
You will not be given credit for a child support payment unless it is paid through the DOJ. You
have the burden of proving that a payment was made, so make sure to use a check. Keep
those canceled checks for future reference.
To comply with state and federal law, the DOJ will require your employer to withhold child
support payments from your paycheck. This is not a “garnishment” and does not imply that you
are not responsible enough to make the payments yourself. It is simply the way that Oregon
law requires child support payments to be made in most cases. The law also prohibits your
employer from taking any type of action against you because of the wage assignment. Let me
know if you have any problem with your employer in this regard.
There are exceptions to the rules requiring support payments to be made through wage
assignment. You should contact the DOJ directly to discuss specifically what would need to be
done to prevent the wage assignment. The DOJ may be able to waive the wage assignment if
you either pay two months of support in advance or obtain your ex-spouse’s written consent to
waive the wage assignment.
Page 2 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

A wage assignment will take several months to put into place. You should mail all your support
payments directly to the DOJ until you are instructed otherwise. Its address is:
Administration
Division of Child Support
494 State Street, Suite 300
Salem, OR 97301
Remember to:
• Make your checks payable to the “Department of Justice.”
• Always put the DOJ number (once assigned) on the memo line of your check and any
correspondence you send to the DOJ. Use the Circuit Court case number until the DOJ
number is assigned.
• Let the DOJ know of any change in your home or business address within ten days after the
change.
Contact the DOJ every year or so and ask for a computer printout of your payment history to be
sure that your payments are being properly credited.
3. PARENTAL RIGHTS
As the custodial parent, remember to notify your former spouse when a minor child receives
income from gainful employment or is married or enters the military service.
If your child chooses to continue on with [his/her] education beyond the age of 18, be sure
[he/she] notifies your former spouse and the Department of Justice of [his/her] intentions, by
filing the proper form prior to [his/her] 18 th birthday. By doing so, [he/she] ensures that [his/her]
child support will continue.
Unless the court stated otherwise in the judgment, you and your [ex-husband/wife] each have
the right:
• To inspect and receive school records and to consult with school staff concerning your
child’s welfare and education.
• To inspect and receive governmental agency and law enforcement records concerning your
child.
• To consult with any person who may provide care or treatment for your child and to inspect
and receive your child’s medical, dental, and psychological records.
• To authorize emergency medical, dental, psychological, psychiatric, or other health care for
your child if the custodial parent is, for practical purposes, unavailable.
• To apply to be your child’s guardian ad litem, conservator, or both.
Page 3 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

Each of you has a continuing responsibility to:
• Provide addresses and contact telephone numbers to the other parent.
• Notify the other parent of any emergency circumstances or substantial changes in a child’s
health.
Remember to notify your former [husband/wife] in writing, reasonably in advance, if you plan to
move more than sixty miles further from [him/her], and provide a copy of your notice to the
[name of county] County Circuit Court. Generally, “reasonable” notice means not less than 30
days before the move, unless your Judgment of Dissolution specifies a different time period.
Please realize that your relationship with your [ex-husband/wife], while over as husband and
wife, continues as father and mother. You will need to work at that relationship for the benefit of
your [child/children]. Seek counseling if you find that your communication about raising your
[child/children] is troubled.
4. PARENTING PLAN ENFORCEMENT
Oregon law provides for rapid legal responses to either parent’s violation of a parenting plan. If
a violation occurs, you may obtain forms at the courthouse to assist you in enforcing your rights
and preserving the terms of the parenting plan for the [child/children]. If you wish, I can also
assist you.
5. SPOUSAL SUPPORT (receiving support)
You have been awarded [transitional spousal support/compensatory spousal support/spousal
maintenance].
Remember to include the spousal [support/maintenance] you receive as income on your tax
return. Depending on the amount you receive, it may also be necessary for you to make
estimated quarterly tax payments. Consult with an accountant to determine if you should be
making such payments and, if so, in what amount. If you do not already have an accountant,
please contact me for a referral.
Remember that each monthly spousal [support/maintenance] payment that is not paid is a
judgment which accrues simple interest at the rate of nine per cent per annum. If your former
spouse should fall behind on payments, credit the payments you do receive to the oldest of
obligations still outstanding.
The [support/maintenance] award was made with the expectation that [describe circumstances
surrounding award of support]. It may be subject to modification if those circumstances change
substantially in ways which you and your [ex-husband/wife] do not now expect.
You may seek to collect on an unpaid monthly support judgment for up to ten years from its date
of entry, and the judgment may be renewed for ten years beyond the first ten. Well before the
judgment expires, if any support remains due and owing to you, please contact me or another
attorney to take steps to renew your judgment.
Page 4 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

5. SPOUSAL SUPPORT (paying support)
You have been ordered to make monthly payments of [transitional spousal
support/compensatory spousal support/spousal maintenance] for your [ex-husband/wife].
Remember on your income tax returns to deduct the spousal [support/maintenance] you have
paid. In the meantime, you may want to adjust the amounts withheld from your pay to allow for
this deductibility. Consult with an accountant if you have questions in this regard. If you do not
already have an accountant, please contact me for a referral.
The [support/maintenance] award was made with the expectation that [describe circumstances
surrounding award of support]. It may be subject to modification if those circumstances change
substantially in ways which you and your [ex-wife/husband] do not now expect.
6. PROPERTY JUDGMENT
You will be receiving monthly payments from your former spouse pursuant to the property
division provision in the Judgment of Dissolution.
Your former spouse has been ordered to pay certain debts acquired during the marriage. If
[he/she] fails to pay as ordered, your mutual creditors may seek to collect from you, and they
are within their rights to do so. Your recourse then is against your [ex-husband/wife].
Should your former spouse file for bankruptcy protection and attempt to discharge this debt, you
may have a very limited time in which to challenge this attempt in federal bankruptcy court. If
you learn of a pending bankruptcy action involving your former spouse or [his/her] business, do
contact an attorney immediately in order to preserve your rights.
As you know, [name of former spouse] was granted a judgment against you for $[amount of
judgment]. It is important that [he/she] signs a document called a Satisfaction when you have
paid the judgment so that the public records reflect that the judgment has been paid in full. An
unsatisfied judgment is or may become a lien against any land you may own.
You have a judgment against your former spouse in the sum of $ [amount of judgment]. The
judgment lien will expire at the end of ten years from the date of the judgment, unless it is
renewed by a new court order. Well before those ten years have passed, if your judgment has
not yet been paid in full, please contact me or another attorney in order to have the judgment
renewed, so that it can remain enforceable for an additional ten years.
Remember that you are obligated to pay your former spouse the amount of $ [amount of
judgment] on or before [date] or upon the sale of your real property or [describe alternate
circumstances triggering the obligation to pay.] When you have made full payment, you are
entitled to a “satisfaction,” which is a legal receipt. You should contact me or another attorney
before you pay the debt to ensure that a satisfaction is obtained and entered. If you pay the
debt without receiving a signed satisfaction, the judgment against you will still appear
outstanding in the records of the court and the county.
7. LIFE INSURANCE (obligee)
The Judgment of Dissolution states that your former spouse is to pay and maintain life
insurance to protect your support obligation. Contact the circuit court clerk at the [name of
Page 5 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

county courthouse] County Courthouse, [city], Oregon, to request a CERTIFIED copy of your
judgment. There will be a charge for this copy. Mail the certified copy of the Judgment of
Dissolution to the life insurance company and request, as beneficiary, that the company notify
you if ever premium payments are not made or if the policy holder takes any action that will
change the beneficiary or reduce the benefits of the policy. Please note that Oregon law states
that this insurance obligation may not be reduced by loans or by other means until the obligation
has been fulfilled.
Please remember that it is your responsibility to obtain a copy of the insurance policy. You
should request a copy from your former spouse. This office will not take any further steps to
obtain a copy of the policy unless you request us to do so in writing. If your former spouse dies
without life insurance, you will lose this very important financial protection.
7. LIFE INSURANCE (obligor)
The Judgment of Dissolution states that you are to pay and maintain life insurance to protect
your support obligation. Provide your [ex-wife/husband] with a true copy of your policy.
This policy may not be reduced by loans or by any other means until your support obligation has
been fulfilled.
If you ever undertake an action that would reduce the benefits or change the designation of
beneficiaries under this policy, Oregon law requires you to provide written notice to your [exwife/husband]
of such action.
OR
8. COBRA – CONTINUATION OF INSURANCE COVERAGE
You may wish to continue to carry medical insurance coverage from the company that provides
your ex-spouse’s group insurance. If you do, you must promptly apply for what is called
“portability coverage,” “continuation coverage,” or “COBRA coverage.” The rules vary in how
long that you have to apply, but your deadline may be as short as thirty days from the date your
Judgment was signed, so please act promptly! I suggest that you make application both to
your ex-spouse’s medical insurance company and to [his/her] Health Benefit Administrator. You
will receive no notice of this deadline, and, if you miss it, you will lose your right to obtain this
type of medical insurance coverage. New coverage may well be more expensive or exclude
any pre-existing conditions that you have. I will not handle this for you unless you specifically
ask me to do so.
Pursuant to the Marital Settlement Agreement, your former spouse is required to enroll you for
extended medical/hospital/dental coverage. You should check with your former spouse’s
employer within thirty days after the entry of your Judgment of Dissolution to make sure this was
done.
9. MODIFICATION
The division of property in the Judgment of Dissolution is not modifiable. However, it may be
possible for you or your [ex-wife/husband] to modify other terms of your judgment in the future.
In order to modify support or custody provisions, the court must be satisfied that a “substantial
change of circumstances” has occurred since the original judgment or the latest order.
Page 6 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

Parenting time can be modified without showing a substantial change of circumstances,
provided that the award of custody remains undisturbed and that the best interests of the
[child/children] require the modification.
10. HOUSEKEEPING MATTERS
Please remember to check with all insurance carriers and your employer to ensure that the
beneficiary designation on each of your insurance policies, IRAs, and work benefits reflect the
person you actually want as the beneficiary. The dissolution alone will not automatically strike a
former spouse’s name from an insurance beneficiary designation, IRA, or work benefit.
You will need to execute a new will. I encourage you to make an appointment with an attorney
who practices estate planning to assist you in preparing a new will.
The Internal Revenue Code requires every taxpayer to notify the IRS if there is a change in
address, marital status, or if the taxpayer has resumed her maiden name. File IRS Form 8822
as soon as possible.
You were awarded a portion of your former spouse’s pension plan. You must notify the plan
within thirty days of any change of your address. This is to protect your rights. The pension
company needs to be able to find you at any time to provide notice of any change in the plan or
to let you know that a claim for benefits has been made. Your failure to keep the pension
company advised of your address could jeopardize your right to receive pension benefits.
As you know, a Qualified Domestic Relations Order (QDRO) still needs to be prepared. This is
the legal document which will transfer your share of the pension into your [ex-wife/husband]’s
name. You will retain [name of attorney] to prepare the QDRO. Please feel free to contact
[name of attorney] directly if you have any questions regarding the QDRO. After the QDRO is
prepared, it must be approved by the plan administrator. After the QDRO is approved, it will be
forwarded to the court for signature. Then a certified copy will be sent to the plan administrator.
It is important that you keep the pension plan advised of any changes in your address. You
should contact [name of attorney] as soon as possible to get this process started.
Social security makes a variety of benefits available to retired workers and their families, even
ex-spouses. You should contact the Social Security Administration directly to learn what your
rights are. There are also benefits available should your former spouse die. Check with the
Social Security Administration about those should this happen.
If you plan to remarry, please consult me or another attorney of your choice concerning a
prenuptial agreement. You may decide you don’t want one; however, it is important to at least
have the information upon which to make this decision. In addition, if you should remarry and
have an existing will, please consult an attorney concerning the will, since a remarriage can
revoke an existing will.
We have a number of documents that have been supplied to us during the course of this
proceeding, including such materials as income tax returns, bank statements, appraisals, and
other financial documents. We will be glad to return these to you by having them ready for you
to pick up here at our office. Please notify my legal assistant, [name of assistant], whether or
not you want the documents. If [name of assistant] or I do not hear from you by [date], we will
assume you do not want the material returned, and we will proceed to dispose of it
appropriately.
Page 7 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)

I will soon file a motion asking leave of the court to withdraw as your attorney of record. This
procedure is followed for your protection. If I continue to be listed with the court as your
attorney of record, your former spouse might, some time in the future, try to serve papers on
me, which would delay notice to you. It is better practice to require that you be personally
served with papers, after which you can contact me again for help. Please be assured that I
wish to continue as your attorney. My withdrawal now is a procedural step for your benefit in
the future.
Enclosed is a checklist which lists several important tasks which should be completed after a
dissolution. I will assume that you will handle each of the items on the checklist yourself. If you
need assistance with any of the items on the checklist, please do not hesitate to call me.
[Name of client], I have enjoyed working with you and wish you the very best.
Very truly yours,
Enclosures
Page 8 [28-Nov-05 Rev 11/05]
FORM COURTESY OF CRAIG M. COWLEY
GEVURTZ, MENASHE ET AL
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)