Legal Question in Family Law in California
Community Property Division Question
My divorce became final December 1, 2000. We separated on March 8, 1998. It has come to light that ex-spouse lied and hid assets during the separation, lied about the true value of community property in divorce proceedings and refuses to pay child support, even though he is court-ordered to do so. What I have stated I am able to prove. Is there any chance I can get the divorce case opened back up on the grounds that ex perjured himself, and get my fair share of the assets and retroactive interest on them if any? Does his behavior demonstrate fraud and contempt of court, and if so, what can I do about it today? He was the main wage-earner in the family and outearned me something like 4 to 1. His disposable income has doubled, since the divorce proceedings. I didn't receive justice the first time around. Would I be able to do so now?
2 Answers from Attorneys
Reply: Community Property Division Question
In a general sense failure to disclose assets leaves those assets subject to continuing jurisdiction of the court. There is a specific family code section reserving jurisdiction over undisclosed or unadjudicated assets. Failure to comply with disclosure requirements by failing to disclose true values can be grounds to set aside a judgment.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Community Property Division Question
The court has jurisdiction to award omitted assets pursuant to Family Code Section 2556. If there was fraud involved, you have one year to set aside the judgment from the date you were aware, or should have been aware, of the fraud.
Regarding the support issues, you may file contempt actions or other such motions to enforce the judgment.
Regards,
Damian Nolan
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
