Legal Question in Family Law in California

I'm currently divorced with 3 children whom I have %50 shared custody of. I make $3000 a month gross, which is including overtime. My ex wife is collecting spousal support and child support even tho she is living with her boyfriend and is pregnant by him. I also recently discovered she has been getting money from my stepdad unknowingly to my mother and I. Bank statements that I have show he gave her at least $20,000 over the past year, while we were still married in fact. She finally got off unemployment and got a job. Originally she was receiving full guideline support from me because she had 0 income. In July 2012 she started receiving unemployment benefits and my lawyer contacted her lawyer to come up with a global agreement to adjust support to correct amount as well as address any and all other issues. Her lawyer delayed it sooo long that it wasn't until December she got back to us. At that time I had to release my attorney due to lack of money. Finally after I submitted new IWO it was changed to correct amount in march 2013. A difference of $461 a month. Almost $4000 I over paid her. My question is: can I make her pay me back that amount? Also since we were still married while she received $20,000 from my stepdad without disclosing that to courts, isn't that community property, which should be half mine? Well I put us on ca lander for adjustment and to be repaid over paid support. Her lawyer called me and asked me to come in to talk to her and try to come to an agreement to keep everything outta court. I went in and she basically only offered to drop spousal support and that's it. Also she took possession of a car of ours that is stated in judgement and leaves me free from any debt or liability associated with that car. Well it was recently repossessed and is not on my credit.... What do I do? Please help


Asked on 6/07/13, 6:13 pm

1 Answer from Attorneys
Bobby P. Luna The Law Offices of Bobby P. Luna

Wow! You've got yourself a pretty complicated situation here. Ultimately, you need to meet with any attorney. There seem to be several overlapping legal issues that require analysis. Feel free to give my office a call. Remember - her attorney is being paid to act in her client's interest, NOT yours. Either way...call me and I'll be happy to speak with you further on this.

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Answered on 6/09/13, 11:53 am


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