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grandpabri

Guest
What is the name of your state? California

If you could answer a question, I would be eternally grateful.

Finally had our final divorce trial. While we have not gotten a final ruling from the commisioner, she said a couple of things that I would like your opinion on.

I received a personal injury award right before separation. Community property, but CFC 2603 (b) says basically that it should go to me, unless in the interest of justice. The commish says that only applies if there is ongoing medical problems from the accident. Can you enlighten me on this?

The money has been spent, and the commish took a keen interest regarding what it was spent on, living expenses or legal fees. What's the difference?

The stbx states that I should pay her lawyers fees because we would not be getting a divorce if I had not committed domestic violence against her. I was arrested, but no charges were ever brought because the police said no agressor could be determined. The judge seemed to be sympathetic to this arguement. What is your take on it?

Lastly, if I have to appeal these rulings, is there somewhere I can go to get the format and such for the appeal? I know a lawyer would be the right way to go, but I don't think I have the dough on a social workers salary. Would it be helpful if I maybe hired a law student to help with the research?

Very lastly, since you probably know these people much better than I do, maybe you could give your opinion of the commisioner we saw. I could just post her department so no names would be exchanged.

Thanks for any help you can give on this matter.
 


I AM ALWAYS LIABLE

Senior Member
grandpabri said:
What is the name of your state? California

If you could answer a question, I would be eternally grateful.

Finally had our final divorce trial. While we have not gotten a final ruling from the commisioner, she said a couple of things that I would like your opinion on.

I received a personal injury award right before separation. Community property, but CFC 2603 (b) says basically that it should go to me, unless in the interest of justice. The commish says that only applies if there is ongoing medical problems from the accident. Can you enlighten me on this?

The money has been spent, and the commish took a keen interest regarding what it was spent on, living expenses or legal fees. What's the difference?

MY RESPONSE: I'll bet he "took a keen interest", too! He wants to know if you "commingled" the money with marital assets. Read on to find out why - -

Notwithstanding when the cause of action arose, money or property paid or payable to a spouse in satisfaction or settlement of a personal injury damages claim against the other spouse is the injured spouse's separate property. [Ca Fam § 781(c)] . . . "unless the money or other property has been commingled with other assets of the community estate." [Ca Fam § 2603(a); see Marriage of Jackson (1989) 212 Cal.App.3d 479, 483-484, 260 Cal.Rptr. 508, 511 - - includes settlement under spouses' uninsured motorist policy]

"Personal injury" damages within the meaning of § 2603 does not include a disability award which primarily compensates an injured spouse for impaired future earning capacity and diminished ability to compete in the labor market. True "disability" received after separation is the injured spouse's separate property. [Marriage of Fisk (1992) 2 Cal.App.4th 1698, 1706-1707, 4 Cal.Rptr.2d 95, 100-101 & fn. 4--§ 2603 inapplicable to workers' compensation permanent disability award which "is not a satisfaction of judgment for damages in an action at law, or a settlement or compromise of a claim for damages in an action at law".

However, where a personal injury damages recovery from a third party is treated as the injured spouse's separate property, the noninjured spouse is entitled to reimbursement from the recovery for expenses paid in connection with the injury out of the noninjured spouse's separate property or community property interest. [Ca Fam § 781(b)]



The stbx states that I should pay her lawyers fees because we would not be getting a divorce if I had not committed domestic violence against her. I was arrested, but no charges were ever brought because the police said no agressor could be determined. The judge seemed to be sympathetic to this arguement. What is your take on it?

MY RESPONSE: Sympathetic to your argument as he might be, you watch what happens - - you'll be "tagged" with the responsibility of at least half, if not all, of her attorney's fees.


Lastly, if I have to appeal these rulings, is there somewhere I can go to get the format and such for the appeal? I know a lawyer would be the right way to go, but I don't think I have the dough on a social workers salary. Would it be helpful if I maybe hired a law student to help with the research?

MY RESPONSE: Sure, but unless there's some outrageous error made by the trial judge, and from everything you've mentioned so far, you won't have any grounds for an appeal. Family law judges have great discretion in their decision-making powers that are rarely disturbed on appeal.


Very lastly, since you probably know these people much better than I do, maybe you could give your opinion of the commisioner we saw. I could just post her department so no names would be exchanged.

MY RESPONSE: That's okay, you can name names. Remember, these people are "public servants" and, besides, attorney type magazines, and legal newspapers, etc., do "write-ups" of these people all the time. Also, unless he's in a Department of the Los Angeles Judicial District, I probably won't know him.


Thanks for any help you can give on this matter.

MY RESPONSE: You're welcome. Any time I can assist a fellow Californian, I will do so. It's just those damned New Yorkers and New Jersians that drive me NUTS !

 
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grandpabri

Guest
Thanks for the info. Looks like I am to be screwed.

The personal injury funds were never comingled. As I read your explanation, these funds should go to me. But given the commisioners obvious bias, she will get at least part of it.

As for attorneys fee's, it is too bad that one mistake on my part will color the rest of my life. It doesn't matter that the ex has spent the last 2 1/2 years trying her hardest to not pay child support, work the absolute minimum, have the commisioner constantly have to rule on her behavior around the children, I'm the bad guy. Meanwhile, I have done everything to remake a life for the children and have led an exemplary (more or less) life before and since. Well, enough of a vent.

The commisioner is the former Department 2B, now Dept. 87, the (dis) Honorable Ann Dobbs.
 

Jeter

Member
IAAL, I've always liked you, however I am in double jeapordy having been raised in NY and moved to NJ!!

Sorry! Don't kick me off the forum. :D


Jeter
 
Oregon! Hate, Like, Don't Know?, Wont say!

Being that I'm Liables neighbor and can drive down to see him in a couple of hours, I'm saddened he didn't mention me.:confused:

Idea:p

I would like to invite Liable to the finest MOTEL in Grants Pass aka Cesspool. You can tour the finest trailor Parks in the nation

:D

You will need to bring a 3M mask and goggles so the smoke from the fires don't irritate you:eek:

Plan your trip around the 20th of this month and you can witness the Grand Finali of my case in Family Court!:cool:

I'm one of the wealthiest men in this county. My trailer is always polished!:D

Guess I shouldn't joke so much, you may take me up on it.
Well if you do, I will be standing by with my Master Card ready to book you in at our 5 STAR Holiday Inn!:p

lmao
 
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