Legal Question in Family Law in California

Community Property Loss Due to Misconduct

Divorce was final 6 months ago by stipulated judgment.

I recently discovered I was entitled to reimbursement for 1/2 my ex�s accrued unpaid sick leave of almost $25,000. He wasn�t paid for the SL because he was fired from his job due to criminal activity. We separated and divorced shortly thereafter. I want to re-open my case because the loss of this income, that wasn't included in the SJ, relates directly to another case �In re Marriage of Beltran�. There are 3 other cases that I can cite as well. My argument is: an innocent spouse should not be required to share in losses incurred by the intentionally tortuous or criminal conduct of a spouse where there is no benefit to the community.

I was wondering if anyone was willing to take a quick look at my stipulated judgment to see if a couple clauses in it would prevent me from trying to re-open my case? I can fax a few pages to you to review if interested. Please let me know. I can call you right back.


Asked on 10/02/06, 1:51 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Community Property Loss Due to Misconduct

If the loss was not disclosed, then the SJ language may be overrided. Call me directly at 16192223504.

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Answered on 10/02/06, 3:44 pm
Law Office Law Office Law Office

Re: Community Property Loss Due to Misconduct

Well, it sounds like you have a point. Our law office might be able to help. Go ahead and call.760.243.5121. After you talk with someone, go ahead and fax over that info. Our fax number is 760.243.5116. Please don�t fax it to us until you speak with someone and let them know that you want to fax over the stipulated judgment.

Thanks

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Answered on 10/02/06, 7:41 pm


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