Legal Question in Family Law in California
Abstract of Judgement
I have been divorced for 10 years, and I now have received a notice in the mail from my ex-wife of a filed Absract of Judgement. In our divorce agreement which is filed with the court, signed by a Judge, I will upon severance from my employ owe my ex $20,850 which is in a defered compenstation account. It is written in our divorce papers this money will be payable upon my severance from my employ, either by retirement, or if I leave my employ for any other reason. It is my belief this money will be payable at that time and is not actually owed to my ex until the time I am no longer employed. My question is; How can my ex get an Abstract of Judgement which will be basically a lean on my property, when the money is not owed until a future date, and hold it over my head for the remainer of my career. She handled this herself ''Pro Per''. Is what she has done legal and what direction should I go to remedy this problem so I do not have a lean on my property. I do not plan to retire for 11-15 years and I don't want to ask my ex for permission if I want to sell my house. FYI, There are no minor children involved. There is no other outstanding debt to my ex.
1 Answer from Attorneys
Re: Abstract of Judgement
You will need to file a motion to vacate and recall the filing of the abstract of judgment. Whether you will be successful with this motion is another issue. I would need to read the abstract as well as the entire judgment to give you a better idea of what the outcome might be.
BTW, the proper procedure that should have been used by your ex would have been to have joined your employer's plan during the pendency of the divorce. As this never happened, it may be too late for your ex to try to obtain a "lien" through this back door method.
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