Found an issue on this page? Let us know and we will look into it as soon as possible.
If i go to court because my ex has not paid some of the bills that he was supposed to from our divorce. do I have to prove it?
Anonymous5 views4 answers
in our divorce it states that the previous years tax return was to be used to pay of a credit card in our name. it also states that one of our vehicles was to be sold to also pay the same bill. he kept the taxes and paid on his motorcycle and I didn't get any of it. and he still drives the car we were supposed to sell. if I go to court to I have to prove anything or is it his job to prove he has done correct. I don't even know how much the taxes were cause he wouldn't show me
Of course you need to prove it. You can prove it by calling him to the stand and asking him to show that he lived up to the order. The order is in the court file and can be judicially noticed.
If you bring the action to enforce the terms of a judgment you are required to prove your case by presenting evidence to prove the facts you have alleged. The California Evidence Code states what is admissible and what is not admissible as do the literally thousands of case opinions from the appellate courts. You are also entitled to discovery under the California Code of Civil Procedure to obtain information (e.g. Interrogatories and Demand For Production Of Documents) as well as to establish certain facts (e.g. Request For Admissions). In your case, discovery would probably serve you well. Is the amount in dispute worth hiring an experienced attorney? Only you can make that determination. Is it possible the court would award you attorney fees for having to enforce the terms of the judgment? Not enough facts to answer that question, although an experienced family law attorney could give you his or her opinion. If you cannot afford an attorney you may want to try obtaining advice from the Riverside County Family Law Facilitator, who maintains an office in the Indio Courthouse.
