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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19633
Experience:  Attorney with experience in family law.
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I obtained a divorce judgment in 2004. In the paperwork, my

Customer Question

I obtained a divorce judgment in 2004. In the paperwork, my ex husband was supposed to create a trust with a corresponding property under my daughter's name. for a period of 6 months we lived on the property (my daughter and I) in 2005. Now, my ex husband is claiming that I lived on the property for 3 years and had agreed to pay rent and that he is entitled to reimbursement. He filed his paperwork in the same family law court. Overall, he is trying to get this reimbursement so he doesn't owe any child support.

however, is it proper for him to have filed in family law court? Can't I counter and indicate that he is in violation of the court order to transfer the property and create a trust?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXX XXX I'd be happy to answer your questions today.

First, that is a contractual issue between you and your ex, so it's not really appropriate for him to file in the Family Court. You could ask that it be dismissed. He could have raised you owing him money as a defense if you had filed contempt charges (although your child doesn't owe him money, and that's really who support is for). However, if you didn't, his allegations should really be raised in Small Claims Court.

Also, the statute of limitations in California for breach of contract is only 4 years. If yo agreed to pay rent in 2005, it's too late for him to collect, even if you did stay 3 years. That's likely why he's not suing in Small Claims.

A court order is ongoing. You would have the ability to file an Order to Show Cause and ask the judge to hold him in contempt of court, because his violation occurs every day that this doesn't happen.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.
if I will be filing a response? How should i raise those issues? I want to be able to have the case dismissed based on him filing in the wrong court. Should I also counter the contempt in this filing?

Expert:  Lucy, Esq. replied 1 year ago.
The way to raise those issues is in an Opposition to the paperwork he filed. Alternatively, you can file a Motion to Dismiss, based on the fact that family court lacks jurisdiction to decide issues that were not related to the divorce/child support. But an opposition can address every issue at once.

If you would like to also raise the Contempt issues, the court actually has forms available, so it would be easier for you to fill out those forms separately (called an Order to Show Cause).
Customer: replied 1 year ago.
So I should respond and then file an OSC in regards XX XXXXXXXX?

Thanks for your help.
Expert:  Lucy, Esq. replied 1 year ago.
If you want to do contempt as well, you can file both at once. They're just separate documents. The benefit of doing it that way is that you have the forms, but you can do both at the same hearing.
Customer: replied 1 year ago.

Can you provide with the Family code that indicates that such issues can't be raised in this court or where the family court doesn't have this type of jurisdiciton.?

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