Legal Question in Family Law in California
Court order modified by attorney
The judge had reached a decision in the community/personal debt and proceeds distribution from the sale of the house. He came up with a number and told the attorney to write the check from the attorney/client trust account (Hers) and have it for me two days from that day. On the third day I received it in the mail with a letter stating this is the amount minus $2500 he felt the judge had forgot about. When I reviewed my notes it appeard that money had already been removed by the judge. I (Pro Per) am taking him ex-parte for failure to comply with court orders. Is he in contempt? Is he allowed to do this? Are there any other actions I can do? I feel I was short changed on the judgement anyway and think the attorney is just messing with me again. If we go to court can I get any of the judgement changed at that time from other mistakes made in calculations of monies? What can I do?
2 Answers from Attorneys
Re: Court order modified by attorney
You should be able to have it modified by the judge at the ex-parte or at a subsequent hearing. He should not have made the deduction without a court order. Good Luck, Pat McCrary
Re: Court order modified by attorney
You have the right idea. First bring it to the court's attention ex parte. Contact me directly for assistance.