Legal Question in Family Law in California

alimony and 401k

I have been seperated for 3 years. we are finally getting divorced and go to trial in may. Her lawyer filed a alimony judgement on me a year ago and I pay 875 a month. when we go to trial I need to know if I have a case because in the 3 years we have been seperated she has not payed 1cent to any bill that was in both of our names including mortage payment, 2nd mortgage, car payments, and credit cards. I have to believe I should get some kind of credit for that. plus it has come to my knowledge that she is living with another guy and has been for awhile. Do I have any recourse on her living with someone and basically being supported by that person. They also want to go after my 401k which when we seperated had 30000 dollars in it. She has a pension plan through her work and I would assume I can go after her pension as well. There is 137,000 in a trust from the sell of the house. Her lawyer after after it is split and each of us gets 68500. If I want to pay off my alimony and 401k. I would walk away with about 10,000 out of the 137,000. which also seems unfair. Can you help me with this and put me in the right direction so I do not get screwed


Asked on 4/12/07, 11:19 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: alimony and 401k

It sounds like you need an attorney because you must make a claim for reimbursement of your payment of community debts, plus to present you side of the issue of spousal support. Good Luck, Pat McCrary

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Answered on 4/12/07, 1:32 pm


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