Legal Question in Family Law in California

My ex- husband filed for divorce after we had been separated for around a year, of course he did it while our children where temporarily staying with him (per a verbal agreement, while I was finding a new place to live) so that until the divorce/custody hearings were final they would legally remain there without a legal reason to take them. Anyway he filed for divorce in Riverside County. I live and we were married in San Diego County. At the time I was about 5 or 6 months pregnant with twins and my doctor put me on complete bed rest for the safety of my unborn twins. Shortly after my doctor had told me, I found out that I was that a mediation was set up and I was supposed to attend in Riverside which my doctor said that traveling was a big no no. According to the papers I received I was not to call or write the court for rescheduling. So I assumed (not smart I know now) that if I did not show at the mediation that a court date would be set because no agreement had been arranged. Shortly after that a received a notice that the divorce was ruled on during the mediation and that the only personal info they had was what my husband had supplied most of which was false and he knew it (financial, and personal) there was property that he left off the paperwork like a 27 foot ski boat, a timeshare, electronics, new furniture, and possibly money, since he did buy a house within about a month or so of the divorce. He claimed that I was working at a $20hr job when he knew I was on welfare because my doctor said I couldn't work safely in a hospital where my job required me to be on my feet walking for 12 hours. He also left off bills that we owed jointly like my college loan that we did sign for together in the financial aide office. A car loan that had me as the borrower but we were married when we bought it. I was so overwhelmed with the whole thing I just ignored it. As you can guess the child support that was ordered on a false income was staggering. Now it is haunting me with license suspension and wage garnishments and taking my tax returns that was a lot of money because I have 2 younger children that I was going to use that money to help take care of them, isn't that the purpose of dependent tax credits ? Is there a time limit on any action I could take to retry the case or amend the inaccurate information on the original divorce papers. Or at the very least modify the support order affective the day of the original judgment ?


Asked on 9/01/09, 3:19 am

1 Answer from Attorneys

Garrison Klueck Law & Mediation Offices of Garrison Klueck

There are time limits associated with setting aside a Judgment. You do not indicate how long it has been since it was entered. You should consult with an attorney right away to discuss your options. Setting aside the Judgment may or may not be an option, but at the very least you could potentially address ongoing support. Please contact an attorney to discuss your situation. We offer a free, half-hour consultation.

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Answered on 9/01/09, 12:55 pm


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