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AttyCBradford
AttyCBradford, Lawyer
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CA Family Law, ATRO question re definition of "extraordinary

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CA Family Law, ATRO question re definition of "extraordinary expenditures" - if I want to take a trip (less $1K), do I need to give the 5-day advance notice to soon-to-be ex? Using money from checking acct in my name only; income earned after date of filing.

AttyCBradford :

Yes, you should. Your ex could argue that this was an unnecessary removal of funds from the account which could be considered community property. The only way around this would be if you utilize money from an account which has separated funds in it as well (meaning you deposited at least the amount of the money you plan on using after the date of separation)

AttyCBradford :

If I have answered all your questions then please press accept and provide positive feedback, so I receive credit for my work. If not and you have additional questions please ask, and I will respond promptly. Please note: this is a PAID ANSWERING service, once your question has been answered, press accept. This conversation does not constitute an attorney-client relationship and is offered for informational purposes only. Lastly, sometimes it may take a moment to respond as I work with several customers at a time. Thank you and best of luck.

Customer:

Thank you. So, even if the current checking account funds were deposited after the date of filing and current support amounts are being garnished from each paycheck (i.e., I am up to date with ordered child/spousal support), the checking account (in my name only) funds are still considered community property at this point in time? Thanks.

AttyCBradford :

If they were deposited AFTER the date of filing then no any amount deposited afterwards would be separate and you may use them as you wish

AttyCBradford :

But if there was any money in that account BEFORE filing, then that amount would have been community

Customer:

Thank you. Yes, these are funds that were deposited AFTER the date of filing. And, yes, there was money in the account BEFORE filing but that has already been documented (with copies of account statements, etc filed with I&E, Assets & Debts. I provided my PDD in mid-November and am still waiting on his). Thanks again for your assistance.

AttyCBradford :

You are welcome!! Please don't forget to accept and provide positive feedback so I get credit for my work

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