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  #1  
Old 02-06-2005, 07:12 PM
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Enforcement of Alimony Laws Question - California


In January of 2002, I left Southern California for Malaysia to accept a position. My ex-wife and I had been having problems and while I was in Malaysia we both agreed to a divorce which was finalized in November of 2002.

My ex-wife and I did not have much communication during the divorce process and when I received the final paperwork, I noticed I was required to pay her alimony. At the time of the divorce, she was unemployed but the last job she had worked (when I was still in the US) she had made $10,000 more than me a year.

My questions is this...I have never paid her any alimony. Lately, I have been offered a contract position in the US that will last from 8 months to a year.

I do plan on fighting this eventually but it looks like I would be returning to Malaysia career-wise and I would rather wait until I am back in the US for good before I do that

If I do not resolve this, what are the chances of me getting caught when I return in the spring...In other words, when I start work with my new company return to Southern California will they find out I am back (through my SS# or renewal of my Driver's license etc.) and garnish my wages, or worst case scenario, have me arrested for non-payment?

A few other details...

1.) We never had children so that is not an issue
2.)I am re-married
3.)My ex-wife and I owned a house, car, furniture etc. all of which she got during the divorce (which was okay by me)
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  #2  
Old 02-06-2005, 07:23 PM
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Join Date: May 2004
Posts: 33,549
Quote:
Originally Posted by calmalaysia
In January of 2002, I left Southern California for Malaysia to accept a position. My ex-wife and I had been having problems and while I was in Malaysia we both agreed to a divorce which was finalized in November of 2002.

My ex-wife and I did not have much communication during the divorce process and when I received the final paperwork, I noticed I was required to pay her alimony. At the time of the divorce, she was unemployed but the last job she had worked (when I was still in the US) she had made $10,000 more than me a year.

My questions is this...I have never paid her any alimony. Lately, I have been offered a contract position in the US that will last from 8 months to a year.

I do plan on fighting this eventually but it looks like I would be returning to Malaysia career-wise and I would rather wait until I am back in the US for good before I do that

If I do not resolve this, what are the chances of me getting caught when I return in the spring...In other words, when I start work with my new company return to Southern California will they find out I am back (through my SS# or renewal of my Driver's license etc.) and garnish my wages, or worst case scenario, have me arrested for non-payment?

A few other details...

1.) We never had children so that is not an issue
2.)I am re-married
3.)My ex-wife and I owned a house, car, furniture etc. all of which she got during the divorce (which was okay by me)
If you were ordered to pay alimony, and you have not done so, then yes, you have a serious problem. Your ability to "fight it" has seriously diminished due to the amount of time that has passed.

You seriously need to get a consult with an attorney in CA.
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  #3  
Old 02-23-2005, 09:45 PM
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Join Date: Feb 2005
Posts: 29
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Most counties in California offer court facilitators who can help you determine your options. They are a free service, and in some case can help one file court papers. I have found them useful; however, they are limited as to what they can do. (Chickens) Another useful tool is California's web site on family codes (spousal as a key word) and check family codes and many of the spousal support laws will appear. Look them up for your self and don't expect an attorney in California to know them all... [url]http://www.leginfo.ca.gov/calaw.html[/url] I hope this helps you [email]SomerRJ@aol.com[/email]

Last edited by Randall Somer; 02-23-2005 at 09:48 PM.
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