Legal Question in Family Law in California

I was married for two years. I have a had a log, drawn-out, contested divorce that was final in July of 2009. My ex-husband has filed an OSC for spousal support and I have a court date in a few days. I have never been served. I saw the date online while looking up another case where he is suing me in smaill claims court next week. I filed for chapter 13 in December of 2009, so I think the small claims case will be thrown out due to the Automatic Stay. He is listed as a creditor for a property equalization payment with priority status.

My question is: Can he come back after the fact to get spousal support if it was not a reserved issue? Also, he has been convicted of a violation of a domestic violence restraining order and is on probation. I have a 5 year civil restraining order against him and a 3 year criminal. Can the ourt still order me to pay him support? I no longer have an attorney and because of the BK cannot hire one.


Asked on 3/08/10, 2:10 pm

1 Answer from Attorneys

He can't do anything if you are under the automatic stay. However, things can get really messy if the court doesn't know about the stay. You need to file a notice of the BK proceeding in this new OSC proceeding to shut it down.

As for your other questions, domestic violence TRO's does not have anything to do with support obligatoins. Whether or not he can come back and ask for support at this point would depend on the details of your prior proceedings, which you have not and cannot fully provide here.

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Answered on 3/13/10, 11:24 pm


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