Dad's ex-wife is suing for alimony. Lack of papertrail to prove support.

My family and I live in CA. My father(68yrs old) and my mother(57yrs old) have been unemployed for over a year now and have been basically living off his measly pension and his now non-existent savings.

As of 9/04 my dad's ex-wife decided to sue him for not paying alimony or child support for my 5 half brothers and sister (who are now in their 30's and 40's). The truth is my father DID pay for years, but did so in cash and left no paper trail to prove that he did. The only documentation we were able to retrieve was a letter signed by her that told my father's old job that it was ok to suspend my father's financial support since she was employed and cohabitating with someone else. Apparently she also commited welfare fraud when recently divorced by receiving welfare for 5 kids and holding a job. She was caught and threatened to go to prison but later held a job in the same Welfare offices. Any documentation that she commited fraud apparently does not exist either (if it did).

We hired a lawyer who says that the view is very grim.

We have a court date on the 9th and so far we worry about the outcome. We only own a two cars and a house which still has a mortgage. One car was changed into my name after hearing about the alimony suit.

The questions would be, exactly HOW grim is the situation? How many of out few possesions will we lose? Will I lose my car even though it has been changed to my name? Can't this be fought back?

Doesn't look good,

This is what happened to a guy I know that didn’t pay his Alimony and Child support. He was from Ca. too. His ex. Took him back to court for the same thing as your dad, his kids were out of the house too... He was ordered to pay all back support for both. They took his driver License away and he was ordered to sale his car and gives her the money. If he had owned a house they would of put a lean on it until all back support was paid. He was also in his 60’s and not working. If the cars are in your name they can’t touch it. If they find out that he put it in your name after he got the paper. They may do some about that if they find out. They know people do that all the time so they could check The D.M.V. record from court on their computer.

miui said:

My family and I live in CA. My father(68yrs old) and my mother(57yrs old) have been unemployed for over a year now and have been basically living off his measly pension and his now non-existent savings.

As of 9/04 my dad's ex-wife decided to sue him for not paying alimony or child support for my 5 half brothers and sister (who are now in their 30's and 40's). The truth is my father DID pay for years, but did so in cash and left no paper trail to prove that he did. The only documentation we were able to retrieve was a letter signed by her that told my father's old job that it was ok to suspend my father's financial support since she was employed and cohabitating with someone else. Apparently she also commited welfare fraud when recently divorced by receiving welfare for 5 kids and holding a job. She was caught and threatened to go to prison but later held a job in the same Welfare offices. Any documentation that she commited fraud apparently does not exist either (if it did).

We hired a lawyer who says that the view is very grim.

We have a court date on the 9th and so far we worry about the outcome. We only own a two cars and a house which still has a mortgage. One car was changed into my name after hearing about the alimony suit.

The questions would be, exactly HOW grim is the situation? How many of out few possesions will we lose? Will I lose my car even though it has been changed to my name? Can't this be fought back?

Click to expand...

Your father isn't necessarily going to lose any of your family's possessions. A lien may be placed on his house until the support is paid but they won't take the house away from him. I also doubt that they would attempt to take his car either (although that has happened). I think that your car will be safe. Even though you only recently changed it into your name you can make the argument that it was always your car, but was in your father's name for convenience.

These situations are always rough, particularly since your dad did pay (or at least paid for a specific period of time) and can't prove it. Unfortunately he is probably going to be on the hook for the full amount.

Let's back up here for a moment. Was there a court order for support and alimony issued in California? If so, when was the order filed?

You also mention welfare. Did the ex collect welfare? If so, for how long?

Reply to post#3: The car has always been technically mine as you say, but we never changed it to my name until recently. I hope that would be accepted by the judge. I can hardly go by without a car because of jobs and school.

Reply to post #4: Yes it was issued here in CA, and from what we now the she filed it on Jan 2004. And she did collect welfare, and if she was found out and threatened by the police I imagine that it was for 1 or 2 yrs. My father discussed this with the lawyer but apparently they were unable to find any documentation about it.

miui said:

Reply to post#3: The car has always been technically mine as you say, but we never changed it to my name until recently. I hope that would be accepted by the judge. I can hardly go by without a car because of jobs and school.

Reply to post #4: Yes it was issued here in CA, and from what we now the she filed it on Jan 2004. And she did collect welfare, and if she was found out and threatened by the police I imagine that it was for 1 or 2 yrs. My father discussed this with the lawyer but apparently they were unable to find any documentation about it.

Click to expand...

Then I suggest you either tell dad to hire an attorney who isn't an idiot or contact the welfare agency. Because if there IS an order for support he will owe FROM that point.

Reply to Belize: Is it possible to get a new lawyer even though we already have a court date for the 9th?!

Back it up a bit. When was Dad divorced, and when was the order for support/alimony entered. If your half-sibs are in their 30's, that wasn't done in 2004.

answer the question on hand first

miui said:

...As of 9/04 my dad's ex-wife decided to sue him for not paying alimony or child support for my 5 half brothers and sister (who are now in their 30's and 40's).

Click to expand...

You are either misinformed or not telling us everything.

The statutes of limitations on these judgments for alimony and child support expired long ago, unless there were renewals.

What's going on here?

Reply to Stealth2: It was not an order for alimony. The ex is SUING my father for not paying child support in past years. But, the paper work we have been receiving comes from Child Support Services themselves. Could she have influence in the matter since she works for the Welfare department?

Reply BelizeBreeze: Be clear with me also, which question would that be?

Reply to Seniorjudge: We discussed the issue of Statutes of Limitations with the lawyer, who said that they supposedly don't matter (in the State? In Orange County where the demand for alimony was filed?). Apparently they have handled similar cases the same way.

I don't agree. It is just wrong that she has the right to demand for that money when my half-sibs are already way past the "minimal adult age". And I have a hard time believing that there is no law out there that would help us in this matter. They are already garnishing my father's tax returns fully and his social security by half.

Now, I have no reason to hide anything so I might be misinformed. I'm trying to be as clear as possible because I find this situation as unfair. If my father were an irresponsible spineless individual, I would've abandoned him a while ago and would not give a hoot. But I know that is not the situation so I want to fight back as much as possible. If there any laws that can support him I NEED to know them.

So did your Dad not pay child support when he was ordered to? You really aren't makign things any clearer.

Ok, I interrogated my father and got more pertinent details:

The ACTUAL order for support was done on the yrs 77' or 78'. My father had no knowledge that the order existed. Supposedly her story went that my father had abandoned them therefore he could not be given the order. But he did keep visiting them without knowledge of any of this and even lent financial help as regularly as he could manage while he worked in Mexico and the economy gave him a decent salary.

The Letter (now I understand where it comes from) was from a separate child support order done in Mexico. In the early 70's my father and her had had a fight and separated. She was able, under Mexican Law, to ask for child support without the need of a divorce. My father worked for the University, that received the order and garnished his salary. He was fine with that arrangement. Later, after they divorced, my father remarried and had us. We moved back to Mexico City where he took a new job at the same University and found that the order was still working. He went back to his ex to ask for a signed letter, asking to stop the garnishing of his salary for child support. This letter is dated 1985.

So presently, she has apparently admitted the presence of my father to the necessary authorities and they're starting to collect the past child support.

She collected welfare after she divorced my father for 8-9 months while holding a job at the same time. My father did not know of the situation until my half-brother approached my father afraid that they might send her mother to jail and afraid of the financial hardships. That's when my father started giving them financial support, in cash, under no legal or other formal arrangement.

So, I am now better informed.

Is this lawsuit in Mexico?

Reply to Seniorjudge: No it isn't. It is a lawsuit here in CA. And she is doing it under a judge from Orange County.