Legal Question in Family Law in California

Equalizing payment?

I divorced 3 years ago in CA, in my divorce settlement I was given 3 years to pay ex-wife $70,000 that is suppose to come from the refinance of our jointly owned home. The house foreclosed 1 year ago due to inability to sell in this market. Can I with the help of an attorney have the divorce settlement changed?


Asked on 3/30/09, 3:35 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Equalizing payment?

We can try. Perhaps attempt to have it reformed due to impossibility. Contact me directly.

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Answered on 3/30/09, 4:24 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: Equalizing payment?

Unless the court reserved jurisdiction to modify that order, it has been a final order for too long to change other than by stipulation of you and your wife. But doesn't your wife know about the fact that you lost the house? Is she demanding payment? The property settlement in your divorce is dischargeable in bankruptcy.

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Answered on 3/30/09, 5:24 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Equalizing payment?

That depends on the wording of the judgment and settlement. If you fax me a copy of the judgment I will give you a free consultation to let you know your obligations and your options. Good Luck, Pat McCrary

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Answered on 3/30/09, 6:15 pm


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