Skip to main content

If my EX-husband wants to fight after 3 years divorce battle ended, what should I do?

Encinitas, CA |

I settled divorce agreement that I was award physical custody of a child 10 years old and joint legal custody with him, but he is now wanted to fight about alimony support. I told him that I don’t want to fight because it will hurt my child if parents continue to fight. Is there any law to stop the fight? Especially he has a bad attorney who represents him with no cost or very little cost and provokes him to fight against me. Can I stand up to against his attorney to disbar? Or how can I stop my Ex-husband who is a psycho?

Attorney Answers 3

Posted

What do you mean, "he wants to fight"? Either he has filed an Order to Show Cause to modify spousal support or he has not. If he has not, there's nothing to fight about. If he has, you need to respond to the court. If you absolutely cannot afford an attorney to represent you, you can go to Family Court Services (in the courthouse) and they can help you prepare your response.

Mark as helpful

1 found this helpful

2 lawyers agree

4 comments

Asker

Posted

Thank You. His lawyer sent me SUBP-025 and SUBP-010, even she knew I am unemployed right now. What should I do?

Brian Crozier Whitaker

Brian Crozier Whitaker

Posted

Make sure they are actually directed to YOU and not some 3rd party ... and if they are, you must do your best to provide what is being asked for; but you are not required to produce anything you don't already have.

Asker

Posted

Thank You. One last question, my husband now (recently married) has a little mechanic shop at home earns a few hundred dollars a month as income, should he be involved and produced income to this matter?

Brian Crozier Whitaker

Brian Crozier Whitaker

Posted

Maybe you should serve HIM with a SUBP-010 and demand P&L's and balance sheets for his business.

Posted

You need an attorney to fight this ongoing battle for you so you give your focus to your children. Our system permits legal challenges depending on the circumstances. To give you a specific answer on how to stop this fight an attorney would need to review your file including the marriage settlement agreement. Depending on his lawyers actions I would seek sanctions against him which is faster then disbarment and more rewarding for you. Good luck and thank you for your question.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Thank You. I cannot afford to pay lawyer fee because of my financial problem, enough money to survive. Are there any other options I can choose?

Posted

Mr. Juarez gives excellent advice. In California, the law generally allows orders for alimony/support to be modified if circumstances change. As opposed to making this issue a battle, consider negotiating and/or mediation and keep it out of court. As counsel also stated, it is always wisest to hire your own counsel.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Michael Ryan Juarez

Michael Ryan Juarez

Posted

Thanks.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics