post-judgment letter to client â sample 2 - Professional Liability Fund
post-judgment letter to client â sample 2 - Professional Liability Fund post-judgment letter to client â sample 2 - Professional Liability Fund
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)
- Page 1 and 2: POST-JUDGMENT LETTER TO CLIENT - SA
- Page 3: A wage assignment will take several
- Page 7 and 8: Parenting time can be modified with
Each of you has a continuing responsibility <strong>to</strong>:<br />
• Provide addresses and contact telephone numbers <strong>to</strong> the other parent.<br />
• Notify the other parent of any emergency circumstances or substantial changes in a child’s<br />
health.<br />
Remember <strong>to</strong> notify your former [husband/wife] in writing, reasonably in advance, if you plan <strong>to</strong><br />
move more than sixty miles further from [him/her], and provide a copy of your notice <strong>to</strong> the<br />
[name of county] County Circuit Court. Generally, “reasonable” notice means not less than 30<br />
days before the move, unless your Judgment of Dissolution specifies a different time period.<br />
Please realize that your relationship with your [ex-husband/wife], while over as husband and<br />
wife, continues as father and mother. You will need <strong>to</strong> work at that relationship for the benefit of<br />
your [child/children]. Seek counseling if you find that your communication about raising your<br />
[child/children] is troubled.<br />
4. PARENTING PLAN ENFORCEMENT<br />
Oregon law provides for rapid legal responses <strong>to</strong> either parent’s violation of a parenting plan. If<br />
a violation occurs, you may obtain forms at the courthouse <strong>to</strong> assist you in enforcing your rights<br />
and preserving the terms of the parenting plan for the [child/children]. If you wish, I can also<br />
assist you.<br />
5. SPOUSAL SUPPORT (receiving support)<br />
You have been awarded [transitional spousal support/compensa<strong>to</strong>ry spousal support/spousal<br />
maintenance].<br />
Remember <strong>to</strong> include the spousal [support/maintenance] you receive as income on your tax<br />
return. Depending on the amount you receive, it may also be necessary for you <strong>to</strong> make<br />
estimated quarterly tax payments. Consult with an accountant <strong>to</strong> determine if you should be<br />
making such payments and, if so, in what amount. If you do not already have an accountant,<br />
please contact me for a referral.<br />
Remember that each monthly spousal [support/maintenance] payment that is not paid is a<br />
<strong>judgment</strong> which accrues simple interest at the rate of nine per cent per annum. If your former<br />
spouse should fall behind on payments, credit the payments you do receive <strong>to</strong> the oldest of<br />
obligations still outstanding.<br />
The [support/maintenance] award was made with the expectation that [describe circumstances<br />
surrounding award of support]. It may be subject <strong>to</strong> modification if those circumstances change<br />
substantially in ways which you and your [ex-husband/wife] do not now expect.<br />
You may seek <strong>to</strong> collect on an unpaid monthly support <strong>judgment</strong> for up <strong>to</strong> ten years from its date<br />
of entry, and the <strong>judgment</strong> may be renewed for ten years beyond the first ten. Well before the<br />
<strong>judgment</strong> expires, if any support remains due and owing <strong>to</strong> you, please contact me or another<br />
at<strong>to</strong>rney <strong>to</strong> take steps <strong>to</strong> renew your <strong>judgment</strong>.<br />
Page 4 [28-Nov-05 Rev 11/05]<br />
FORM COURTESY OF CRAIG M. COWLEY<br />
GEVURTZ, MENASHE ET AL<br />
PROFESSIONAL LIABILITY FUND (O-POST-JUDGMENT LTR 2.DOC)
Change language