Legal Question in Family Law in California

I am currently waiting for the final court hearing, which is regarding assets. I recently received a phone call from the bank stating the vehicle I currently use is 2 months behind and $1200 is owed within three days otherwise the car will be taken away. The way my soon-to-be-ex and I have the payments set up is I give her $300 of the $500 payment. She is responsible for the other $200. We are court ordered to continue paying bills, not ruin the each others credit, etc. without fail. I have given her checks for the $300 that I am responsible for. When I questioned her about this she made it very clear that she was not using the 300 I gave her for its intended purpose. She told me she used it to buy new tires for her vehicle (She is the primary owner of the two vehicles we purchased while still married), and I have recently came to find out that she has gone to Vegas and concerts in the past two months. Every month she is given alimony and child support. She has made it clear that she will pay the $1200 "when money falls from the sky". There is no reasoning with her and she continuosly avoids my phone calls and/or does not return phone calls.

I dont have the 1200 dollars to pay within three days. This is the vehicle I use to go to work as well as to take the kids to and from school. we currently have 50/50 custody. Our final court hearing is not for another 4 weeks. What can I do?


Asked on 11/17/09, 12:11 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

You need to file an Order to Show Cause Re: Contempt and file it ex parte requesting an order to shorten time. For this, you have to give her notice the day before the ex parte hearing and it will let you get into Court in a short amount of time. Call the clerk and ask what its ex parte procedure is.

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Answered on 11/23/09, 11:36 am


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