QUESTION

What is the best way to handle the divorce?

Asked on Oct 15th, 2012 on Divorce - California
More details to this question:
I obtained a court order enforcing an unsigned, not filed, written settlement agreement because my ex did not appear and the Judge said he thought we had a valid agreement. I then took the order to the DCSS to enforce over one year ago. My ex was in continual contact with the DCSS, delaying enforcement and delaying the determination of arrears, lying about his residence, saying it was Los Angeles, when I maintained he had moved and I didn't know where to, he claimed he had sole custody and our son lived with him - both untrue but delayed the process, sending "new" affidavits, sending unsigned affidavits, both again delaying the process. I was granted a State Hearing because of the delay in filing a Motion to Determine Arrears, which was then filed so I dismissed the case. At the last minute, my ex sent an attorney to the hearing (she was an hour late) (with the DCSS) who claimed "my client owes you zero" with the court order in front of her, saying, this is the "first time I have seen this" still maintaining "my client owes you nothing" She offered me $5000, saying it is better to "get something than nothing" I refused the offer and we saw the Commissioner, my ex's attorney asked for a continuance, which I expected, I had not expected the continuance to be for six months later! Despite my objections six month continuance was granted. I continued to object to the Commissioner hearing the case and asked for a Judicial review. I went to the courthouse and filed my objection as well but did not get a copy (dumb I know) The court lost the objection and the review was denied. A month later, the other party had still done nothing and the passport application of my ex was denied. Exparte request hearing was held, excluding me despite the fact that I was on court call the same as my ex (the judge now knows this) a stay of the order was made temporary (all rights reserved) so my ex could go to "work" oversees and the money due was to be held in a trust.
Report Abuse

2 ANSWERS

It sounds like you have a divorce by default. Your details are about child support enforcement, not dissolution. I would hire an attorney who knows how to work with DCSS - your ex is playing the system any way he can and you need help. Objecting to a Commissioner is rarely successful. If he's already left the country, you are going to need help trying to get any money out of him unless he's hired by an American company who will enforce a wage assignment order.
Answered on Oct 18th, 2012 at 6:44 AM

Report Abuse
You need a lawyer to represent your interests. At this point you have tried to represent yourself, but your interests are being over looked by the court.
Answered on Oct 17th, 2012 at 2:56 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters