Legal Question in Family Law in California

im a single parent of one, my ex has a long record and curently serving 25 to life. when we devorced 3 yrs ago the judge gave me the right to sell our two parcels... spliting it 50\50. now i just learned he gifted his half to a friend... also his house.(renting it under the table) my ex and his friend are good at finding loop holes in the system... i have court this month to modify the child support (to increase it) and add my son to his insurance. he is retired and will start getting his pension on feb 1st 2011.... over 2000 per month. my question is... can his friend just come and take over the selling of the farms just like that? and can he get out of paying child support by gifting all of his income property and real property... by hiding it under someone elses name?


Asked on 1/08/11, 1:10 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

His giving the farms away does not really effect you. You still have the right to sell the property but he would have to file a partition action to do it; merely because he has 50% of the title does not give him the right to sell anything. Argue to the jusge that had he not given the assets away to apparently not pay you more for the divorce, if would have had an income of $X which should be the bais of calculating his assets. Also, he will need very little in money while in is in jail so he can pay more support to you without it having a negative impack.

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Answered on 1/13/11, 3:14 pm


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