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?


Asked on 5/04/07, 8:26 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

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

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Answered on 5/05/07, 9:53 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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.

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Answered on 5/06/07, 3:01 pm


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