Legal Question in Family Law in California

My final divorce papers were signed in January 2012. However I still have not received my share of the house and annuity. My exhusband was suppose to pay me by January 27, 2012. What is my legal recourse? Can I file a non compliance order?


Asked on 3/21/12, 5:16 pm

3 Answers from Attorneys

Brian McGinity McGinity Law Office

The first thing to do is to contact your ex and find out what is going on. If you feel you are getting the run around, contact an attorney and speak to them about a motion seeking a contempt order and a motion to compel your ex to follow the court order.

You really need to see a family law attorney for this issue.

If you would like to contact our office please do so through our website at www.brianmcginitylaw.com .

Good luck

Read more
Answered on 3/21/12, 6:00 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with Mr. McGinity but if you are having trouble communicating with your ex and if you have a lawyer you might have the lawyer communicate with your ex or with his lawyer.

Read more
Answered on 3/21/12, 9:47 pm
PATRICK MCCRARY PATRICK MCCRARY

You probably cannot bring a contempt action because it is an action on a debt. The only orders for payment of money that can be enforced by contempt are support orders. I taught a seminar in the San Diego County Superior Court on collection of judgments which I titled "Show Me the Money". My first point was that you can bring contempt actions but rarely will they result in collecting your money and there are better ways to collect that money. You have a judgment that is entered and that judgment can be enforced in various ways, depending on the nature of your husband's assets. Also, you can protect your financial interest by filing an abstract of judgment which will place a lien on all real property in the county, but if he is trying to refinance the property to pay you your money, the may harm his credit. If you had an attorney who prepared the judgment, talk to him. Otherwise get a consultation with an attorney on your rights and an effective collection plan.

Read more
Answered on 3/22/12, 1:17 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California