Court appoints Receiver to Collect Client’s Spousal Support and Community Funds Due in Judgment.
In a recent case, Sartipi was successful in convincing the Court to appoint a receiver to enforce certain provisions in a Judgment of Dissolution. For a period of eight months, Sartipi’s client had not received her monthly spousal support, nor had she received her interest in many of the community assets ordered in the parties’ 2003 Judgment. The other party owns an accounting business and was able to avoid collection via wage garnishment and bank levies pers. Seeing that no other remedy would suffice, pursuant to Iranian Family Law, Sartipi filed a motion to appoint a receiver to collect monies due to his client. A receiver is an officer of the court to receive, care for, administer and dispose of property under orders of the Court. The Court granted the motion and awarded substantial attorney’s fees to Sartipi’s client. In fact, the judicial officer who granted the motion stated that it was the first time in 12 years of being on the bench that he had granted a motion to appoint a receiver. Since the receiver has been appointed, the other party has complied with all of the orders.
Courts are generally reluctant to appoint a receiver in a family law matter. Ordinarily the appointment of a receiver is a last resort when other methods of enforcement have failed.