Legal Question in Family Law in California
During my marriage, I paid restitution for my wife in a criminal matter. I paid the restitution because I was afraid that without the plea bargain, she would go to jail, and that our property would be taken by enforcement of the restitution order. This was about 10 years ago.
Now we are getting divorced. I want her to pay me back for the money I spent paying off her restitution and attorneys fees. Can I get this money back?
1 Answer from Attorneys
That is an interesting question, it is unclear to me whether or not you would be entitled or the community would be entitled to that money back. It would depend on the circumstances of the crime, the amount of money, and what was the source of that money. If it was community funds then you would be entitled to only 1/2 of the money back. You should discuss this with your wife to see if she is agreeable to compensating the community for 1/2 of the money back. If she says no, then depending on the amount in controversy it would make sense to speak with a local attorney to see if you may be legally entitled to it. It would probably necessitate some legal research and analysis though to come up with a conclusion.
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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