Legal Question in Family Law in California

I have been involved in a contested divorce for four years. A final money judgement was issued on January 31 2012 in my favor. The divorce was final on Feburary 17, 2012. With in days of the final judgement being issued my attorney dropped my case after paying her 38,000.00 over three years. Now I am forced to go Pro Per and represent myself.

My ex-husband has refused to pay the ordered money judgement of almost $40,000.00. He is six months behind in spousal support for an amount of 6,150.00. I also have a OSC pending for additional attorney fees I was required to pay since the start of our trial in September 2011 until the Judgement was issued.

My ex-husband has said he plans to take a loan out against a property he was awarded in the divorce. My name is still on title this property and it will be removed when the money judgement against him is cleared. Here are my issues on this point:

My ex-husband refuses to included interest on the amount of the money judgement that was ordered paid on January 31, 2012.

My ex-husband refuses to included interest on the amount of spousal support in arrears that was ordered paid from October 1, 2011.

**It is my understanding in California I am entitled to 10% annual interest on delinquent money judgements and spousal support arrears.

Another issue that I really need help with is: I have an Abstract of Judgement against me due to a delinquent marital debit that was held in my name alone. My ex-husbands title company has said this debit needs to be paid (out of my judgement from my ex-husband) to clear the title on the land. I have no problem with this. I have been working with the law firm that holds the abstract judgment and have reached a settlement.

Prior to my contacting the law firm that holds the judgement against me, my EX-Husband contacted the law firm and told them we were still legally married. He told them this was a marital debit that HE WANTED TO PAY. He gave them my account number and Social Security number. The law firm released my financial information to my ex-husband. This is NOT the first time this has happened during my divorce process.

Would this be identity theft? What legal action can I take against my ex-husband for gaining my financial information with-out my knowledge or consent? Last time he was given a slap on the hand by the judge.


Asked on 6/06/12, 7:40 pm

1 Answer from Attorneys

James Miller Law Office of James L. Miller

There are many questions that need to be so an informed response can be given. I practice family law in Fresno and offer free consultations. If you would like me to look at your case to see what needs to be done give my office a call. I offer flat rates.

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Answered on 7/24/12, 10:05 am


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