My mom and dad have been divorced for almost 20 years. My mom is disabled and living on state's care in Washington, with some assistance from family. She recently told me that, per the divorce settlement, my father was to pay her life-time alimony. However, once she moved from California (where the divorce was granted) to Washington my father never paid her any money. She was getting asssistacnce from her parents, so she never really went after him but now that both of her parents have passed, she has very little money coming in. Can she go after my dad for alimony again? Where would I be able to get a copy of the divorce settlement? Would it be on file with the court after all this time? She wants me to look into this for her, but I'm not sure where to start!
2007-05-14 07:32:35 · 8 answers · asked by Shelley L 6 in Politics & Government ➔ Law & Ethics
YES YOU CAN GO TO FAMILY COURT HOUSE LOOK IT UP ON MICRO-FISH OR GO INTO THE RECORDS DEPT AND YOU'LL NEED YOUR LICENSE THE NAME OF THE PARENTS YEAR OF DIVORCE ETC IF YOU DON'T HAVE ANY LUCK GO TO SUPERIOR COURT HOUSE GOOD LUCK TO YOU AND I'M SORRY TO HEAR ABOUT YOUR MOTHER HOPE SHE GETS BETTER
2007-05-14 07:43:44 · answer #1 · answered by kitty 6 · 0⤊ 0⤋
The court will have the records. I would hire a lawyer to follow up on the settlement. If your father does indeed owe, he can be found in contempt of court and your mother could request a judgment for the amount owed. With a judgment, she could attach wages and any real property that he may own in the form of a lien. Furthermore, if she is currently getting assistance from the state, the state may, and more than likely will, take any money she does get. I would investigate the laws a little. Talk to an attorney. The 1st visit is usually free. If she can not get any money, the lawyers and state will win and your father and mother will lose, so it would be best to let sleeping dogs lie.
2007-05-14 07:38:47 · answer #2 · answered by JAY O 5 · 0⤊ 1⤋
For this you are going to need legal counsel. How this will work is your lawyer will go after your dad for back alimony, interest and possibly inflation (cost of living). This total will be such a large number your father will get an attorney figuring it is cheaper to fight than pay and he may be right. They may try to argue that your mother abandoned her claim since she has not pursued it for 20 years. The lawyer will be able to access the courts records quicker than you and track down the divorce settlement.
2007-05-14 07:43:59 · answer #3 · answered by levindis 4 · 0⤊ 0⤋
He will probably owe back support and may get his wages garnished if he refuses to pay. Contact the court where the divorce was granted, get a copy of the divorce decree, and ask them what action should be taken. No need for a lawyer, IMHO, as it is an enforcement of an order.
2007-05-14 07:40:23 · answer #4 · answered by waltzme2heaven 5 · 1⤊ 0⤋
If she is getting assistance from the state, and gets any kind ofalimony or support, the state will look upon this as a resourse and cut off benefits, and. depening on the state, might claim what she gets.
Just keep this in mind.
2007-05-14 07:38:39 · answer #5 · answered by TedEx 7 · 0⤊ 0⤋
she needs to hire a divorce lawyer in california to follow up on the settlement;
2007-05-14 07:35:46 · answer #6 · answered by arus.geo 7 · 2⤊ 0⤋
Start with a lawyer, preferably in the state where she was divorced.
2007-05-14 07:35:15 · answer #7 · answered by Anonymous · 1⤊ 0⤋
start with going to court records, then go from there
2007-05-14 07:37:00 · answer #8 · answered by skcs11 7 · 0⤊ 0⤋