Legal Question in Family Law in California
No Final due to Age of Original Divorce
In June of 1989 filed for divorce,Ex didn't pay attorney so attorney never filed remaing papers for our final decree.So I did but the commissioner states ''due to the age of the case cannot enter final default! What are my options? When we went to court for stipulation it says temporary orders, The child support is almost $100,000.00 arrears, is this still valid or can it be squashed? Since we may have to start from the beginning does that make the former stipulation null and void? In June we will be married (I guess) 20 yrs!! Thanks for any help
2 Answers from Attorneys
Re: No Final due to Age of Original Divorce
I was involved in a situation similar to this and as I recall there is a family code section that provide that he statutory periods for prosecuting a case do not apply when there is a valid support order. You should hire an attorney to help collect the child support arrears and get a final judgment of dissolution.
Re: No Final due to Age of Original Divorce
If there is a valid child support order, it is still valid and enforceable. You may want to get your own attorney in order to finalize the dissolution. It sounds like you may need to set the matter for trial, but without reviewing the complete file, I cannot give you a definate opinion. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
