Legal Question in Family Law in California

Paperwork not signed

I seperated from my wife in Jan. 1999 after 20 yrs. We have no child support issues and she has not worked in the past 20 years, so I agreed to pay alimony.

I had the paperwork drawn up by an attorney friend and filed the paperwork myself at the OC Superior Court. I mailed the papers, they were not served, to my ''ex''.

The papers stated I would pay $1,000 for five years for alimony. I started paying Nov. 1999 and each month since.

I was told the money paid, would be prorated or applied to the five years once the signed papers were filed.

I was told once she signed, I would take the papers back to the courthouse, I would file them and pay the fee and it would be over.

My ex will not sign.

Do I need a lawyer to go before a judge in the Superior Court? Is there a way around going to court?

Will the money I have paid be applied or will I have five years form the time I file?


Asked on 7/31/01, 2:31 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Paperwork not signed

I handle cases in the OC Court all of the time. First off, you should never have commenced paying Spousal Support without first having a signed stipulation with your wife!! I assume you filed a Petition for Dissolution with the Court. You must serve your wife with those papers before you wife and the matter is officially before the Court. If she does not respond than you can request a default. Court Ordered Spousal Support cannot be retroactive from the date a Court enters a Judgement for the same. However I am sure the Court would take into consideration the length of seperation and the money you have paid.

The bottom line is that any marriage lasting longer than 10 years is considered to be a long term marriage, and thus the Court could order Spousal Support for a time greater than half the length of the marriage.

Call me for a free consultation on this matter and let's see if we can work this out for you!!

818-998-1584

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Answered on 7/31/01, 5:05 pm


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