Legal Question in Family Law in California

I was married in 1995 and my divorce was final in January of 2008. Since I receive monthly support, the court will maintain jurisdiction through January 2011.

My ex recently received a payment of approximately $10,000 from back wages his current employer owed him. The particulars of the payment stem from a complaint filed with the Labor Board in 2004 or 2005 by a previous employee. After reviewing the contracts between the employer and the post office and comparing them with the employees wages, it was determined the employees were not being paid according to the contract bid set forth by the employer and that any payment would be retroactive to the employees hire dates. Several employer contract payments were held in an account for the affected employees to rectify the situation and payments were recently released to those employees. Shortly after the contract payments were held, I believe my ex misled me by informing me the matter had been resolved so the issue was not brought before the family court judge. Based on these facts, is this money considered community property and, if so, since my ex misled me concerning the resolution, can I now petition the court for one-half? And, is this enough information for the courts?


Asked on 5/30/10, 12:38 pm

2 Answers from Attorneys

Any portion of that pay that was for wages that should have been paid while you were married should be half yours. It doesn't even necessarily matter that he misled you, though that gives you further reason to go back to court. Any community property that is not allocated in a divorce can be brought to the court for distribution as long as the court has retained jurisdiction.

Read more
Answered on 5/31/10, 8:53 am
Anthony Roach Law Office of Anthony A. Roach

Mr. McCormick is right. If the money is for earnings of your husband while you were married, it is community property. If there has not been a decision on that, and it was not brought to the judge's attention, you are going to have to go back to court.

Read more
Answered on 6/03/10, 11:26 am


Related Questions & Answers

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