Separate agreement before dissolution was final?

[badami]

What is the name of your state? California

To Whom it May Concern;

Please help if you have the knowledge.

My ex wife and I, in the presence of a Civil attorney she hired to defend us from a complaint from the buyers of our home, made a separate ( I know, I know...not smart.) financial agreement with his oversight. I was to recieve funds after I agreed and signed a one sided dissolution settlement put together by her Family attorney..

After mediating with the buyers, the Civil attorney suggested we talk about finalizing our divorce. It had been slow going, 18 months. We both agreed to talk. He took notes, copied those notes, signed each, had us shake hands and said, "now that's a done deal", he then gave us each a copy.

At the time, as is now, I was seriously low on funds. She gave me $500 cash and we went our separate ways. The next morning I signed the dissolution agreement with her Family lawyer.

Once the dissolution was final and the cash distributed she began refusing to answer my calls as well as did her attorney who helped negotiate the separate agreement.

Now she's saying she has already paid me 1/2 and she's trying to negotiate a separate agreement for payment of the Civil lawyer who I never agreed to pay. I did however accept her offer, to me, for her to fund him independantly and allow his presence on our behalf during mediation. He is on staff with a firm owned by her brothers life long friend.

She owed $8000 in back support, made three times what I did and spent thousands of community funds on cohabitation, legal fees, etc on another person. I did not argue these points in the dissolution. We were

married

, 9+/- years.

I have refused to take her offer. I maintain the reason I agreed to her Civil attorney's document was because I was acting in pro per on the Family matter and was seriously out gunned. In my good faith reasoning, the separate agreement made the dissolution equitable even though I was still taking a loss.

The case is 3 months old, I cannot afford an attorney upfront and I do not know where to file. Let alone how!

My question is simple. Is this a matter for the Family court to hear or is this a CIvil matter to be tried separately?

Thanks for any and all response.

What is the name of your state? CaliforniaWhat is the name of your state?

 

[LdiJ]

Ok...I am trying to understand but I am not clearly getting what is going on.

Explain what the dissolution said, and then explain what this separate financial agreement with the civil attorney said. Be specific.

 

[badami]

Thanks, I'll try to be more specific.

Dear Reader,

Thanks for your reply.

Basically the dissolution divided the proceeds from the sale of our home, my childhood home we purchased from my parents while married, ~75%/25% in her favor! All poseesions currently in our possesion were ours separately, even though she and her friends had entered the home while I was away and took many items. Some communal some of which were mine aquired after separation.

She took $176,000 and I received $76,000. Her attorney attacked my pension, an insurance claim I had on the house, a vehicle I wrecked and had received proceeds on, some of her legal fees, an $800 phone bill inn her name only etc...and the restraining order again! to create the noticible difference.

The business she own(ed) was dissolved and incorporated into her parents business soon after she left the home and was off limits somehow according to the attorney I initially hired. I felt I was entitled to something from her considering she made quite a bit more than I, ie alimony, but I had managed to pick up a restrsaining order after I found her new residence and took photos of her co-habitation with another. This I did because the same lawyer said I could not recoupe any of our community funds spent between them unless I could prove they were in fact living together. Little did I know I was supposed to hire someone to take the photos. My lawyer had me agree to a 3 month restraning order at the ex-parte hearing the next day. It was renewed and brought forth every hearing thereafter and used for orders to show cause etc. The R/O haunted me every minute after and for 3 years to come! That and lack of funding, were the reason I had no attorney. To me it seemed the man had no clear focus. Additionally he refused to return my Court documents and did not file the information required to the Court, ie Financial Disclosures, Pension information etc. I found this out after settlement. That's another dillema.

Initially my ex and I had agreed privately to a completely different agreement but when we went to the office to sign they had changed everything. I read the agreement, disagreed vehemently then left politely.

The meeting for mediation happened a few days later. My ex wanted settlement on the dissolution and I was destitute and she knew it. She had already sold the home and the proceeds were locked up by Court order in her attorneys trust account. When I asked for partial dispersement hey both refused to hear my calls. I needed funds to survive and continue the fight.

So, after the Civil mediation meeting her Civil attorney started in with his ideas for the Familial settlement. That's when we all agreed to her giving me $25,500 from her funds. That never happened and that's where I'm stuck.

Hopefully that clarified my situation for you, if not please say so and I will try harder to explain.

Thanks again my friend, I truly appreciate your time.

 

[seniorjudge]

You're saying (I think) that you want your $25.5K, right?

So file a motion to hold her contempt for not paying you. And file it in the original lawsuit.

 

[badami]

Thank You Sir/Madam...

I'm glad you understood and I'm glad you make it easily understandable.

I will research proceedure and do as you say.

Wish me luck and thanks again for your reply.