Legal Question in Family Law in California

Dear Mr. Barry Besser, thank you for answering my question about my wife filing an OSC to set aside the Default and Default Judgment yesterday. The Judgment awarded me all my retirement accounts and Company 401K. Now she wants to have 1/2 of my 401K and other retirement accounts, and 1/2 of my pension. She and I both work for the same company making about the same so the value of our 401K/retirement accounts and pensions are equivalent. How should I reply to the OSC?

Thank you very much


Asked on 7/14/11, 10:55 am

3 Answers from Attorneys

BARRY BESSER LAW OFFICES OF BARRY I. BESSER

It's too bad that you are not local to me, so I would advise you to seek counsel in your local area, so that her paperwork can be properly reviewed, and the appropriate response made. Worse case scenario, the Judgment will be set aside, and then the matter will either have to be settled, or there will be a trial on all unsettled issues.

BARRY BESSER

www.besserlaw.com

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Answered on 7/14/11, 11:01 am

There is virtually no chance of her losing on the OSC to set aside the default. Defaults are highly disfavored. Public policy strongly favors cases being decided on the merits, not by default. Unless there is basically irrefutable evidence that the person intended to default and then just tries to change their mind, a default will be set aside and the case will go forward. Please understand, however, that I'm answering here on the barest of information. It would be far better if I could see the paperwork filed by both sides to date. If you would like a free 1/2 hour consultation in either my Oakland or Walnut Creek office, please let me know.

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Answered on 7/14/11, 3:14 pm
Anthony Roach Law Office of Anthony A. Roach

Both Mr. Besser and Mr. McCormick are telling you now, and I told you previously, that the issue right now is what grounds is her motion to set aside/ vacate the default and default judgment based on. It can't be based on what she doesn't like about the judgment.

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Answered on 7/15/11, 11:48 am


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