Legal Question in Family Law in California
Not Declared Asset
Divorce was final earlier this year. Ex was employed with the company for 18 years and was fired from job 2 years ago because of criminal activity.
When he was fired, his employer stripped him of his earned and banked sick leave valued at approx. $25,000. He was planning to retire from this job and use his sick leave to purchase additional service credit to boost his monthly pension or to pay for our medical and dental benefits in retirement. I have documentation from his employer to prove this.
In stipulated judgment Ex had to re-pay me half the money he spent on criminal attorney fees to defend himself. This was a debt that did not benefit the community.
His banked sick leave is a cash asset that I should have included in the community property settlement but forgot about until everything was done. Can I go after half his sick leave income now? He lost this cash asset due to his criminal activity. How strong a case do I have?
1 Answer from Attorneys
Re: Not Declared Asset
It will be more difficult now that prior to the judgment. You will need to have an attorney go over all of the facts and the paperwork with you. You might prevail, you might lose. It is worthwhile to get an opinion. Good Luck, Pat McCrary
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