Nunc pro Tunc Questions?

[ENASNI]

ummm

It's always good to see someone empowered.

Jeesh I am so embarrassed..
Giving the computer over to my daughter for a few hours.

where is the empowerment... she has me around her little finger!
bye for now

 

[Theresalee]

CA
rmet4nzkx,
I wanted to let you know i had my telephonic conference and the san Diego court filled to nunc papers out already and talked to the judge!! I think b/c of my disability? Anyway it has been filled out and the judge will sign it according to her b/c there is an obvious error, they will date back to the first date gave to us of may 2nd!!!! I can't believe i was so stressed to find someone to fill this nunc paper out and it is now done!!! She did say she had to check with the petitioners attorney who didn't have a problem with it. It goes to the judge for his signature any day and i will receive a copy ASAP!! I do not have to be there according to her... I am just happy it was this easy ? I wont celebrate to much until I see that date and signature but I am sure it's all good..
I don't know if you practice law or did but you should, and i would take you as an attorney anyday!! Thank you for all your help!!!!!! just thught i would let you know every thing you told me to do, worked out great and better then we even thought!!!

 

[rmet4nzkx]

CA
rmet4nzkx,
I wanted to let you know i had my telephonic conference and the san Diego court filled to nunc papers out already and talked to the judge!! I think b/c of my disability? Anyway it has been filled out and the judge will sign it according to her b/c there is an obvious error, they will date back to the first date gave to us of may 2nd!!!! I can't believe i was so stressed to find someone to fill this nunc paper out and it is now done!!! She did say she had to check with the petitioners attorney who didn't have a problem with it. It goes to the judge for his signature any day and i will receive a copy ASAP!! I do not have to be there according to her... I am just happy it was this easy ? I wont celebrate to much until I see that date and signature but I am sure it's all good..
I don't know if you practice law or did but you should, and i would take you as an attorney anyday!! Thank you for all your help!!!!!! just thught i would let you know every thing you told me to do, worked out great and better then we even thought!!!

Yeah!!!!!!!!!!!!!!!!!!!!!!!!!
Thank You!!!
Keep us updated when you get the hard copy of the Nunc pro Tunc.
Does your husband know yet? It will sure change his plans if he was going to use it against you to avoid spousal support or other settlements in the case of a divorce, hopefully it will be a wake up call to him.
I'm not an attorney but have related experience in the legal system in the area of forensics. After you get the amended papers be sure to inform the original attorney you consulted of the correct advice! Also let the legal aid and family law facilitator office in your county know the outcome and how it would have been nice to have some assistance in filling out the paperwork to correct this error, so you could file it in the other county, they could have given you the same advice. I'm glad it all worked out in the end, it must be a great relief.

 

[Theresalee]

Thank YOU

Yes I told him!! He said he was happy about it b/c we decided counseling was in order!??? (not sure yet) But if it doesn't work out I feel better!!!!I Now he is fuming inside!! I have always been the type to take his advice, I stayed home and raised 5 kids almost on my own with his $ support but I still did EVERYTHING home related on my own, he was out of town a lot and still is. He didn't want me to get a job back then b/c he was afraid i would find someone else, He wants me to have one now as long as he approves of it? I did work by babysitting other kids when I got pregnant the last time to pay for the bill cause he wanted an abortion. But I was very proud of my self to follow through with this!!!!! Like I said he knew for years it wasn't legal... b/c he admted he talked to someone years earlier who told him we were still married??? Either it was a dumb attorney like the one I saw!! Or he lied and i would go with the latter. O.K sorry for the sob story here lol...
S.D county will be sending me the final decree sighned by the judge with the May 2nd date... This lady I spoke with said they had that document? So I take it was their mistake and it made it all easy for me!!!!!! It was funny b/c she was explaining how a nunc pro tunc was filled out etc... I laughed and said I had been trying to get it done for weeks!! and I found out what to do through this site. She said well who ever you talked to knew what they were talking about!! I will let you know when that document comes signed sealed and delivered, then i can celebrate but I am stress free over this anyway LOL!!! Thanks again and if I need any legal advice I know I will come here to ask questions first!!! You are AWESOME!!!!!! I think others here have helped as well and I thank them as well....

 

[rmet4nzkx]

I can feel the grin on your face all the way here!
Thanks for letting the clerk know where you got the correct advice!

Of course he wants counseling, you have him by the short hairs OUCH that must hurt! The mere thought that you cannot be swept under the rug any longer and have the where with all to get this resolved legally and that he was wrong and caught in his own web of deception, yes, he is cooking inside. The mere thought that if divorced, you could be awarded half his retirement and spousal suport due to both your long term marriage and disability. Futhermore, in your case since you don't own a home, there is no home to fight over, he can't force the sale of the house either, he would likely be in a big financial mess when he was counting on a winfall in the case of ending what he thought was a non valid marriage, with grown children.

A word of caution, follow up on the bills and seperate the debt. You can argue that since he thought it was a non valid marriage, any debt accrued prior to yesterday in his name and or with you as authorized and not joint are his debts, not community debt. So if the marriage doesn't work you will only have to split any debt which is joint or accrued from today forward. This is important because he knew you did not have a valid marriage and knew about the mistake and chose not to correct it as you have. His excuses don't count the law and your conduct have more weight. Therefore his conduct was to make you believe that you were in fact married by common law when in fact California doesn't have comon law marriage and then end the marriage when you were of no further use to him and leave you disabled, with nothing but half of his debt. Call and get the status on all those accounts and balances as of today, then complie what is his debt and what is joint. You might be able if it does come to divorce, to contest the joint debt even further because of his fraud. You might even suggest credit counseling. Do not sign any post nuptual agreement that is in his favor. You can prove what you did when you learned of his deception and you corrected the decree that was in error.

You might ask the clerk in San Diego to fax you a copy of the decree and Nunc pro Tunc under Ca. Rule 989.3, so you will have a copy while you wait for the mail.

CALIFORNIA CODES EVIDENCE CODE
SECTION 620-624

622. The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration.


623. Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it.

Did he actually force you to go to work to get an abortion against your will?

 

[Theresalee]

I believe a lot of debt s under both our names, when ever he filled out An application for credit my name was there as well. I think he knew Ca wasn't a commen law marriage and found out when he talked to who ever he did talk too. I think he knew exactly what he was doing!!!!
I know my name is on most of the credit cards and store cards so to get it off I tell them to take me off b/c we were not leglly married at the time And he knew it? He flat out said he talked to someone years earlier and they said we were married period!!! I also found out he told my 17 year old that she has to live with him b/c he can't afford Child support? and i can? Also I come up to my hering for work comp.. in May will I have to give half of that to him if I m awarded anything? He makes pretty good living Not whole lot but well over 100 thousand nd I really believe he is only with me b/c he doesn't want to pay? I have feeling when my girl turns 18 he may call it quits anyway.. He said he will hve to py 700 to 900 month for one child? I guess he calculated from some old documents to find out how much he will owe? But I wont bank on it.. I plan on living off of any award from disbiliy and S.S if I get it, if not I will find another job as I would like to work!!! I have 3 girls and they all go to college and will have careers to never depend on a husbnd but to work as team!!!!! I think I pounded that in their heds nd it worked!!!! I'm sorry to keep bugging you but I am not stopping now I am on the right track Thanks to YOU!!!!! One more smll ques? How long does someone need to bemrried to receive or qaulify for alimony? I have herd 7, 10 and 8 years!! Is there sert time? I want to give this info to g/f who is lso disabled!! Thank You!!!! and if I had a next born I would name it after you LOL!!!

 

[rmet4nzkx]

Assume nothing.

Please call those creditors and check the status of your accounts. You may find that many even though your name was on the application, you were only the authorized user and not joint, especially if he knew you were not legally married and was planning on defrauding you. The more legwork you do now to clear this up the less complicated things will be later and your divorce will cost less.

Get some accounts in your own name and keep them current.

On joint accounts, especially store accounts ask for a card in your own name a separate account, same for authorized accounts. Don't put any charges on joint accounts. Don't be tricked into putting charges on an account at the checkout for his charges because he dissapears at the last moment to use the restroom or some excuse. Use your card and or cash or check for your purchases, check for family purchases.

On any joint accounts, ask for your separate account A/O the date the Nunc pro Tunc was signed.

Request a copy of your credit histories from the 3 major credit companies, then compare that with what you find, then you will want all changes reported. Also report that there was fraud, but wait on that until you know the extent of everything.

If you have problems dealing with the individual creditors, ask immediately to speak to their fraud department, explain that your husband commited intentional fraud. He knew of the error on the divorce decree, intentionally lead you to believe that you were legally married when you were not and at the same time applied for credit etc. as married. When you discovered the error and the fraud, you immediately took measures to correct it, but you are not responsible for his debt or debt obtained by fraud in your name. Quote Ca. EC 623 as your source, you acted in good faith. If the IRS gets involved, you will claim "innocent spouse".

You do not own a home because of his fraud.

It is important to get all of his debt under his name.

Open a separate bank account for yourself if you don't have one already. Your worker's comp money is your separate income as is any settlement, DO NOT put it in a joint account, same for SSDI.

If you get divorced, you will still be entitled to the IRA/pensions from the corrected date of the final decree on the Nunc pro Tunc, but not the debt because of HIS fraud. You will be entitled to ask for spousal support and you will point out that he would not allow you to work making you totally dependent on him even though he knew you were not married and explain why you went to work and that you are now disabled.

Long term marriages vary from state to state and a judge may still award spousal support based on the facts so there is not a set entitlement for spousal support. If you get divorced, get an attorney in advance and be the one to file, that way your attorney who knows the judges in your area can challenge if needed. I know of some judges in an adjoining county who have had some investigations by the judicial council, others in other counties who will rule in favor of male batterer's against a disabled spouse and totally ignore fraud worse than what you are experiencing. While you cannot shop for a judge, it is important to be able to challenge one within 10 days under cccp 176 if there is reason to suspect bias. I don't know anything about the judges in your county.

If you get a divorce, ask for him to pay legal costs because of his fraud. Ask for spousal support. Also ask for post secondary child support for your child even though it is not normally awarded in California, the circumstances might warrant it. If he is making >$100k he can afford it.

Keep these posts as proof of when you learned of fraud and keep proof of how you attempted to correct the error including the incorrect advice you got.

 

[Theresalee]

WhAt is post secondary child support?
Now if someone who is married 8 years able to get alimony? She hasn't been able to work in about 4 or 5 yers due to medical issues but is getting surgerY to get that fixed!! (we hope) or did I understand you to say there isn't a set time its up to the judge? Sorry to be lame here!!!
I think I am only listed as a user on all the cards and accounts we have but I will check!! I am glad you told me about purchases b/c he himself always has me sign, even when he is next to me at the register? I have only used a store card once since knowing about this issue to buy a suit for my son for a job interview. If I do get stuck with any debts I will have to file bank ruptcy cause no way I could pay it.. Also I doubt he would but he has told me several times in the past he would quit his job first before giving me money? He loves his job way to much so I doubt it. But you never know?
Again you have helped me tremendesouly. Wish you were an attorney around here!!!!! I would hire you in a minute!! My friend would too!! Thanks for everything!!
PS, I forgot to add a answer to the abortion question... He didn't want me to have another baby when I got pregnant with our 17 yr old but I didn't get an abortion like he wanted and babysat a lot of other kids to pay the medical bills. He did feel guilty once he saw her, he said....

 

[rmet4nzkx]

I'm, glad he wasn't able to force you to abort your beautiful daughter! He should feel guilty. Did HE get snipped?

Post secondary child support is for children who have graduated high school and attend college, thus "Post secondary" college is post secondary (high school) education. It is different that normal child support and not usually awarded in California, but can be a part of the divorce settlement and since you both have helped her older siblings, the same would be expected for her. It's OK to remind him that he wanted to abort her, don't put any of this in declarations unless your attorney approves as they become public record.

He can and most likely will continue to threaten but if he quits a job to avoid child and spousal support the judge will see through it in a minute. You said he is a firefighter? So he is addicted to his job and not likely to quit it, almost every little boy at one point or another, wants to be a "Fireman". Hopefully, the counseling will help, the risk associated with his job might be offset with spending and financial irresponsibility, a different form of comfort food.

Well, if he is making you make the purchases, sign the sales slips, then he was talking to the attorney about more than your marriage. He is trying to set you up as the compulsive spender, the person responsible for all the debt. He will say, you controlled the finances and that his only purchases were for the family. That is why you need to change all of that and make him responsible, for his debt. Start calling and find out the status on the accounts and untangle your finances, then if it comes to divorce and bankrupcy you may be able to avoid Bankrupcy. Midlife is as good a time as any for him to finally grow up.

Now when you two are at the store and it comes time to go to the checkout and he is expecting to ask you to sign,.....
GIRL! NATURE CALLS
your poor bladder, must be from all those kids you bore him encourage him to sign his own purchases.

Have your friend present their case here with the facts, re longterm marriage, remember the judge makes the final decision.