Non Support Debt Collection From Ex Spouse

[ProPerDoper]

You continue to do well. I've read some of your posts in other forums and, strangely, personally think that you've probably learned much by this unfortunate experience.

So another litigant was happy to serve her? Can you sense some of the reasons I don't practice in family court? Do they bite the heads off mates and eat their young too?

You are wise to stay away from Family Law. Yes, they pretty much do.

I've learned more from this experience than I would ever care to. It has also made me a much stronger individual. What better way to mature a person than to subject him/her to years of oppression, causing them to fight for a huge amount at stake; thier kids.

It will either break you, or make you stronger.

 

[ProPerDoper]

Discovery Advice Needed

Prior to the upcoming hearing on 10/15/07, I need to obtain documents pertaining to the debtor's annuity, which has been restrained by the Family Court with Temporary Orders.

Time is short. What discovery vehicle would you recommend here?

I've considered a subpoena for docuements directed at her, Demand for Production of documents (unsure if meritorious after judgment) or Notice In Lieu Of Subpoena to Compel Attendance Of Party And to Bring Books, Documents, and Other Things to the hearing. [CCP Sect. 1987 (C)]

Prefer a vehicle which can be served by mail, if time permits as she is evasive to personal service. I'm leaning toward the last example above.

Edited to advise that I overnighted Notice in Lieu of Subpoena today.....

 

[ProPerDoper]

Can I obtain a Turnover Order without an account number?

At today's hearing, the judge granted permanent asset restraint of my ex's annuity fund pending further order of the court. I asked for his signature on a turnover order which I prepared, and he responded by saying; "That's not before me today". Frankly, I anticipated his response to be exactly that. My bad....

My next move is to file and properly place a request before the court for a turnover order. I have a copy of the statement for the annuity, but the account number has been redacted by my ex.

Is the copy of the statement which I have enough evidence to properly identify the asset and request a turnover order, even without an account number? I suspect that it is, as the asset has been identified sufficiently enough for the judge to restrain her from concealing or disposing of the asset.

Thoughts?

 

[Chien]

OP – I’m sorry that I didn’t recognize your post on the 18th – I thought the discussion concluded on the 17th. However, I also hope that this thread is not seen as a dialogue. There are many members able to informatively respond to your queries and none should feel deterred.

My own opinion is that the statement should be enough to justify the turnover order. I think you’re right. It seems to me that the retraining order is an empty exercise by the court without the ability to reach the subject asset. That said, and with the recognition that you’ve accomplished something in family court that I would not have expected, I still feel that you may have missed an opportunity, if your ex was present at today’s hearing and/or the prior hearing and she was not served with an Order to Appear.

That is a conservative and admittedly “belt and suspenders” approach, but an opportunity to elicit the account number would be within the permissible scope of a debtor exam and, as I mentioned previously, it would be virtually impossible to disclaim knowledge. You either disclose or are ordered to return and disclose. Perhaps I’m still not fully understanding the plan (that’s fine – I don’t need to) but, if you get the TO, it appears to me that you still have to get the number, unless the bank will respond to an order to turn over “any and all assets in it’s custody and control”, and I would have thought the writ sufficient for that.

I would expect the statement would be adequate. I prefer to have all the data that I can get. I don’t quite see how all the pieces come together, but you’ve made it work so far.

 

[ProPerDoper]

Resolution

I'd like to thank all that offered advice on this site.

My Ex was sufficently backed into a corner with the restraining order by the court, and my filing and request for a turnover order, all the while I've been receiving regular wage garnishment checks via the Sheriff's Civil Unit.

I proposed settlement long ago by stipulation as to her community property value in my 401k, allowing me to retain that value, and then a credit to her in that amount.

As the hearing date for the OEX and request for turnover loomed closer, she settled, and paid the Sheriff directly cash for the amount due over and above her credit amount.

It all worked out very well, and again, my thanks. (Especially to you Chien)