Legal Question in Family Law in California

I have been married for 25 years. I was working one job for 14 years and there is a pension attached to it. Of those fourteen years at this job, 7 were before we were married. I assume that the last 7 years are community property as we live in CA now. For simplicity, I assume that I am entitled to 100% of the first 7 years and 50% of the second 7 years. My wife would receive the other 50% of the second 7 year period.

The question I have is can her attorney link her attorney fees to my pension and prevent me from receiving my pension. I have no other income or assets so I am basically homeless. the pension and my wife 25% of that particular pension.


Asked on 6/01/10, 3:01 pm

2 Answers from Attorneys

I'm not sure what you mean by "link her attorney fees to [your] pension." Without context I'm not even sure whether you are talking about linking the amount she is awarded or if you mean can he get to the pension money to pay fees already awarded. In any case, however, he cannot prevent you from receiving you pension, though if you owe your wife money he can try to collect it from any source he can find.

Read more
Answered on 6/02/10, 5:31 pm
Anthony Roach Law Office of Anthony A. Roach

If the court orders an attorney fee award against you, and you do not pay it, the attorney can use any collection method authorized for collecting a judgment to have it satisfied.

Read more
Answered on 6/03/10, 10:21 am


Related Questions & Answers

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