Legal Question in Family Law in California

I am trying to have my Family Law Judgment (disolution) amended by what I think is considered a clerical error. In my MSA under "Division of Community Debts" it was originally written that my ex-husband was to be responsible for "any tax obligation and all unpaid taxes," when the wording should have more specifically stated, "...to the California State Franchise Tax Board for the years #### - ####."

I am redoing all of the forms originally attached to the Judgment with only the change indicated. How else do I indicate that this is a clerical amendment? Do my ex-husband and I both have to sign the MSA or do I just submit the amendment to the court for the judge's approval? Also, is it appropriate to attach a cover letter?


Asked on 5/29/10, 9:00 am

1 Answer from Attorneys
James Chau Law Offices James Chau

You can't just submit paperwork to have a judgment amended without court appearances. The only way to modify most MSA's is to do it in writing signed by both parties and notarized for unrepresented parties. I would consult with a local attorney first to see if it is even necessary for you to amend the judgment. It may not be necessary at all.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 6/03/10, 1:01 pm


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