I have a court order dated January 2014 that states costs payable within 60 days by payor. FRO states that court costs awarded in my order are unenforceable by them. I requested that FRO send me their decision/position on this in writing and they agreed. I am still waiting for the letter so I can only speculate that their reasons are: a) my order included a judgement on child custody and; b) the costs are not defined as support.
From what I understand I have only two choices:
1. Return to family court to request that the order be amended. I think my argument is strong for the amendment request since costs were related to to determining income as the other party failed to disclose. (I had to have income imputed). If I secure the amendment then I can then file the amended document with FRO for enforcement action.
2. Pursue costs through small claims court. I see small claims as just getting another judgement and since I already have an award of costs I just need enforcement/collection. Am I correct in this thinking?
Are there any other options for enforcement/collection of court costs?
I am trying to weigh my options so:
Which option would you recommend? Which one is more likely to yield payment of costs quickly? Which one is the least expensive? Is this something I should be revisiting with my lawyer? How complicated is each option by comparison?
Any advice, resources, and/or shared experiences much appreciated.
From what I understand I have only two choices:
1. Return to family court to request that the order be amended. I think my argument is strong for the amendment request since costs were related to to determining income as the other party failed to disclose. (I had to have income imputed). If I secure the amendment then I can then file the amended document with FRO for enforcement action.
2. Pursue costs through small claims court. I see small claims as just getting another judgement and since I already have an award of costs I just need enforcement/collection. Am I correct in this thinking?
Are there any other options for enforcement/collection of court costs?
I am trying to weigh my options so:
Which option would you recommend? Which one is more likely to yield payment of costs quickly? Which one is the least expensive? Is this something I should be revisiting with my lawyer? How complicated is each option by comparison?
Any advice, resources, and/or shared experiences much appreciated.
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