QUESTION

What happens if divorce petition languishes for 10 years and what do I do to get support back?

Asked on Jun 06th, 2014 on Divorce - California
More details to this question:
My wife filed a divorce petition in December 2003. The paperwork is very shoddy, handwritten in some places and signed by the attorney in most places, but not signed on the attorney fees section. I never knew the papers existed. She never served me. In August, 2013, I filed for divorce and effected service in December. Her old filing soon came to light and I found out that, after 10 years, with no service, the clerk having shredded the file and reduced it to microfiche, the case had never been dismissed. Of course, I moved to have it dismissed, but she perjured herself and argued that I had been served in 2003, but that we agreed verbally not to pursue the case until our daughter turned 18, which would be in 2017. Despite this unbelievable set of facts, the court denied my motion but made my case the lead case. I have since spoken with her attorney and he adamantly says that my wife is wrong, that I was never served and that he will so declare or appear as a witness on the issue should I ever need him to. The attorney, early on, demanded that my wife substitute him out and she did. I am the "out" spouse. I have raised our daughter alone here relying on my wife's generosity for 100% support for myself and my daughter for these 11 years. The judge has been accommodating thus far. With an RFO for support and attorney fees looming (continued for 90 days to June 20) for 5 months, my wife has cut 90% of support and my daughter and I now live on food stamps, some and loans from friends. All of our cash went to attorney fees and a forensic accountant who has produced nothing useful thus far. My wife, over these 5 months, has steadily become broke. Even though my research 8 months ago located some $10,000,000.00 in real estate and some 30+ bank accounts in many different names or fictitious businesses and in a dozen different banks.
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4 ANSWERS

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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You may be able to get back child support to the date of the Petition but that is not certain. The Court will look at the date you filed the RFO and why there was a delay after filing the Petition. A consultation with an experienced attorney could be helpful.
Answered on Jun 16th, 2014 at 6:41 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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It is odd that the case from 2003 was not dispensed with for failure to prosecute. However, it does not really matter as long as the case is going now ?regardless of who has the lead case. It will not have a significant effect on anything. It may not be worth your time to have the former attorney make a declaration about the fact that you were not served in 2003. Your wife will likely say ?she made a mistake?. However, if your case goes to trial, the perjury declaration may become relevant. You need a transcript of your last hearing where she lied about service. I am assuming that the RFO is yours, you will be able to get support retroactive to the date of filing the RFO. As far as getting financial information from your wife, you must start discovery. She has a fiduciary duty to you to turn it over to you.
Answered on Jun 10th, 2014 at 7:01 PM

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Litigation Attorney serving Mountain View, CA
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The first thing you should do is to subpoena your wife's former attorney so that he appears at the hearing. You should further take his deposition so that there are no surprises. In addition, look at the proof of service to see who signed it and depose them. The issue of service is critical.
Answered on Jun 10th, 2014 at 7:01 PM

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You need a lawyer to push you petition to trial.
Answered on Jun 10th, 2014 at 7:01 PM

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