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Order to restrain
Chula Vista, CA
Viewed 70 times.
Posted about 1 year ago in Divorce / Separation
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My wife abandoned residence one year ago. she continued to pay half the mortgage and related bills as per our agreement (unwritten) because she makes twice as much as I ($140K-v-$70K). I had her served with divorce papers 9 days ago and after reading the petition she declared she was no longer paying any of the bills related to the property or half the mortgage. Is this a violation of the California Standard family law Order to Restrain? Please help. Thank you
Additional information
Thank you for your answer. I did file an Order to Show Cause and had it served with the divorce petition. I don't have a hearing scheduled until January 12th. How can I get help from the courts in having her assist with the bills due between now and then? My house will be in danger of defaulting. I am working on getting a family law attorney, but funds are scarce. Thanks again for any insight you might offer. Answers (2)
Marshall William Waller
This attorney is licensed in California.
Posted about 1 year ago.
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No, this is not a violation of the standard restraining orders. If you require her assistance in handling the expenses you must now file what is called an "Order to Show Cause" seeking an initial order of spousal support payable from her to you. Whether, and how much you get will depend on the comparison of each of your incomes and other factors. If there are children involved, ask for child support as well. You really should consult with an experienced family law attorney as well, because there are some issues that will ultimately need to be addressed that are present here but which require more information. Good luck.
Warren Robert Shiell
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
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No this is not a violation of the ATRO's. Hire an experienced attorney and file an OSC requesting support. This is a tricky area where an experience attorney will be helpful because if you do not get an order for support, she may assert a re-imbusrement claim based on her separate property contributions to community property debt - knows as Epstein credits. See my web site on debts in divorce www.la-familylaw.com
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