My question relates to legal practice in the state of: California.
(None of the topics really fit my situation.) Can I sue the family court judge who ruled that spousal and child support due to me be paid from my share of the 401k money my ex-husband owed me in our divorce? My ex-husband went to prison for molesting my daughter and my niece. His jail sentence started while our divorce was in process. (There was a Juvenile case that was handled first, and then his criminal case was handled second. The lawyers said these cases "trumped" my divorce case, so it was handled last.)
The divorce was bifurcated so my legal status changed before the settlement. I received insufficient support prior to my ex's incarceration, I received none while he was in prison (nearly 5 years), and I am opening up a new child support case now that he is out of prison. I attempted to pursue funds he failed to pay but Child Support Services said, because the wording in the judgment, they can't collect anything from him. The wording in the settlement was that support would be paid first from my share of the 401k money my ex had to release to me.
First, how can it be legal to take money that was due to me for my retirement (i.e., MY money) and change its purpose to be, instead, my spousal and child support? The retirement money was mine to use for my retirement. I stayed home with the kids for 10 years while my ex worked outside the home. When we divorced, 1/2 of the money set aside for retirement was mine. How can money I am owed be paid with my own money?? Secondly, withdrawing that money early, as we all know, is expensive. The wording didn't even allow for using the net amount, after taxes and early withdrawal fees. After taxes and fees, the sum is substantially lower and does not come close to covering the amount he owes us... but Child Support Services looks at the total amount given to me, not the net amount. Besides, as I said, he owed me both child/spousal support AND my share of the retirement money.
I had no say in the outcome of this case. As it took place while my ex was incarcerated, he never showed to the settlement conferences. Instead, his lawyer stated, at every settlement conference, "My client refuses to settle." After several months of this, the judge settled the case, and I believe he was negligent. Can I sue the judge, or the family court?
(None of the topics really fit my situation.) Can I sue the family court judge who ruled that spousal and child support due to me be paid from my share of the 401k money my ex-husband owed me in our divorce? My ex-husband went to prison for molesting my daughter and my niece. His jail sentence started while our divorce was in process. (There was a Juvenile case that was handled first, and then his criminal case was handled second. The lawyers said these cases "trumped" my divorce case, so it was handled last.)
The divorce was bifurcated so my legal status changed before the settlement. I received insufficient support prior to my ex's incarceration, I received none while he was in prison (nearly 5 years), and I am opening up a new child support case now that he is out of prison. I attempted to pursue funds he failed to pay but Child Support Services said, because the wording in the judgment, they can't collect anything from him. The wording in the settlement was that support would be paid first from my share of the 401k money my ex had to release to me.
First, how can it be legal to take money that was due to me for my retirement (i.e., MY money) and change its purpose to be, instead, my spousal and child support? The retirement money was mine to use for my retirement. I stayed home with the kids for 10 years while my ex worked outside the home. When we divorced, 1/2 of the money set aside for retirement was mine. How can money I am owed be paid with my own money?? Secondly, withdrawing that money early, as we all know, is expensive. The wording didn't even allow for using the net amount, after taxes and early withdrawal fees. After taxes and fees, the sum is substantially lower and does not come close to covering the amount he owes us... but Child Support Services looks at the total amount given to me, not the net amount. Besides, as I said, he owed me both child/spousal support AND my share of the retirement money.
I had no say in the outcome of this case. As it took place while my ex was incarcerated, he never showed to the settlement conferences. Instead, his lawyer stated, at every settlement conference, "My client refuses to settle." After several months of this, the judge settled the case, and I believe he was negligent. Can I sue the judge, or the family court?
Filing a Grievance: Judge Ruled That Child and Spousal Support Due Me Be Paid from My Share of 401k $
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