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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 1323
Experience:  Attorney
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I was married 10+ years, my ex-spouse did not pay me for the

Customer Question

I was married 10+ years, my ex-spouse did not pay me for the 4 years while we were going thru the divorce. He also did not fill out his income, instead he ended up paying 2200.00. I lived off my credit cards, and he feels he don't owe me for thoughs 4 years.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: I have not talked to my divorce lawyer yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Family Law
Expert:  Bill Attorney replied 2 months ago.

Dear Customer,

Thank you for posting your question today. There is a statutory duty for a spouse to support you while you are married and living together.

"301. Subject to Section 914, a person shall support the person s spouse while they are living together out of the separate property of the person when there is no community property or quasi-community property"

The only proviso is where there an agreement negating support:

" A person is not liable for support of the person s spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement."

You could have brought a support motion pending the outcome of your divorce.

If your spouse has filled in the mandatory income disclosures falsely the court can overturn the divorce agreement. reopen the divorce and make new financial provisions for you.

You will be entitled to relief from the judgment due to fraud.

In addition the court can impose sanctions on your ex for the fraud.

We are here to help.

Please follow up when needed.

In return please remember to rate positively.

You do this by rating 5*****, 4 **** or better.

So I hope you rate FIVE STARS

Thanks

Attorney Bill

Customer: replied 2 months ago.
I had a divorce lawyer however the 4 years were never ordered for him to pay. He set the child support at $2200. so he would not have to indulge his income. He said the court didn't order it therefore he does not have to pay.
Expert:  Bill Attorney replied 2 months ago.

Because the divorce has been finalized you would need to make an application to the court to reopen the divorce proceedings at this stage.

You only had 180 days to appeal the divorce judgment so reopening the case on other grounds is what remains open to you if 180 days have past.

Please follow up when needed.

In return please remember to rate positively.

You do this by rating 5*****, 4 **** or better.

So I hope you rate FIVE STARS

Thanks

Attorney Bill

Customer: replied 2 months ago.
The South Lake Tahoe judge did not address his false income statement, nor did she address the child support for the 4years it took to finalize. He did eventually moved out but used my money to pay whatever he wanted
Expert:  Bill Attorney replied 2 months ago.

A divorce is considered final in law in relation to property stipulations so reopening the divorce is your available option. Past child support and alimony should have been concluded in the decree so these issues will be res judicata .

please remember to rate positively.

You do this by rating 5*****, 4 **** or better.

So I hope you rate FIVE STARS

Thanks

Attorney Bill