Legal Question in Family Law in California
equitable jurisdiction- clarification needed
Not being an attorney the information seems contradictory.
This matter is before the court. My ex has now hired an attorney. I can't afford one and feed my children.The recent court document I was given states:''This matter continued on 4/27/08 at 2:00PM.... for the following purposes only: For the parties to meet and confer and determine what the agreements mean and to attempt to come to an agreement.''It also takes part of one of the personal agreements and states ''current support to be modified to $850.00 as of 2-1-2007.''It also states ''The court intends to enforce the private agreements of the parties''.Also,the Judge instructed us to meet and listen to each other and try to come to understanding. I went to CSS to discuss agreements. Despite the case worker agreeing the week before the CSS attorney refused because judge only said intends and this means nothing.The CSS attorney now states 2002 he received the fax with my ex's signature re chanages in support but because she did not remeber signing it was not taken further. At last hearing judge was speciifc in asking her - she admitted she signed but then gave other excuse.
I am confused. Judge says intends to enforce under Equitable Jurisdiction. Other say not enforecable?
1 Answer from Attorneys
Re: equitable jurisdiction- clarification needed
just do what the judge asked you to do. meet with her and try to reach an agreement on the terms. you're getting way too caught up in the term equitable jurisdiction. all family law courts are courtts of equity (fairness) and law. the judge will order guideline support, but may order her to repay any overpayments you made because of your previous agreement. but who knows. just do what the judge asked you to do.
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