Legal Question in Family Law in California

Modification of Judgement
The Judgement states the parties will consult with actuary (and share equally in the cost) to determine community interest in retirement accounts. One was selected -- I paid my 1/2 of retainer -- other party refused to pay ... after 3 months actuary closed file for lack of retainer. I have tried to resolve this issue (phone calls, certified letters) with ex, but they are non-responsive. I am now retired and the city is going to hold all checks until this issue is resolved. Can I request the court modify the order and give retirment accounts as sole property to me because the other party has failed to comply with the order?

Asked on 8/24/06, 11:39 am

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

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Re: Modification of Judgement

It is highly unlikely that a court would "strip" the other party of its entire interest in the monies at issue due to its failure to pay the actuary's retainer per se. However, its not entirely impossible, like with anything. However, your best bet here would be to take the matter back to court for fast, injunctive relief if at all possible. If you would like our prompt, affordable legal assistance in this unfortunate matter, contact us directly today for free phone consultation.

Answered on 8/24/06, 2:32 pm

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PATRICK MCCRARY PATRICK MCCRARY

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Re: Modification of Judgement

Probably not, however, you should be able to get your attorney's fees for brining a motion. That would be under Family Code 271. Good Luck, Pat McCrary

Answered on 8/24/06, 4:00 pm

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