Legal Question in Family Law in California
Spousal support
My sister is going thru a divorce and child custody case. My sister is homeless and has had just recenly had her car stolen. She has no place to live, no money - nothing. Today is the day she is to receive spousal support from her husband. My sister call his lawyer today and asked if she could come out and get the spousal support. The attorney responded ''I need your address''. My sister started crying saying I have no address, I am homeless. The attorney said she need an address to mail her the check. My sister told her that she can come out there and pick it up. The lawyer said no, she needed a mailing address. My sister broke down and could not talk to her anymore. Can the lawyer do this. The restraining (2nd one issued to husband on this matter) order tells her husband to pay her alimony which is due today. MY SISTER NEEDS THIS MONEY. SHE HAS NONE AND NEEDS A PLACE TO STAY. The restraining order also orders him to pay her money for living (for what she is accustomed to) and he has not done that. Can the lawyer only mail this support to her - she has no address and is homeless. Can't this money be sent to her direct deposit? Or can't she (or me) pick it up in the lawyers office. HELP!!!!
2 Answers from Attorneys
Re: Spousal support
If your sister is in pro per I don't see why she couldn't just go and pick up the check directly from the attorney or her ex husband. You should discuss that issue with the judge.
As always please consult with an attorney in your area prior to making any legal decisions.
Good Luck!
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Re: Spousal support
Instruct your sister to get a PO Box or to tell husband's attorney to send the check to your address.
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