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#227503 - 10/31/09 11:24 PM QDRO RIGHTS CALIFORNIA
dcsswasteoftime Offline
Member

Registered: 01/15/09
Posts: 7
Loc: CALIFORNIA
How can it be possible that in a community state we are in here in California that my still legal spouse cashed out the entire CAL PERS account of $ 44,291.44 by signing I had no interest in the account? This action took place in January of 2007, prior to need for notary witnessed attest for this spouse issue on QDRO. I had an open DCSS case, no less, who were well aware that the idiot worked for schools and had this account. They missed the right to attach the funds and apparently Cal Pers required just his word about the existing spouse that was on the account upon initial onset of it. He signed and gave them a fraudulent statement regarding my having no interest in that account. There was a dissolution filed in 1998, which went only as far to finish up on the support and custody issues. The dissolution sat and still sits in limbo ( yet were covered by the basic restraining orders with papers served in family law cases with dissolution filing ) due being pro per case at that time and fact he could not agree, on anything reasonable. The court said oh well see ya later, go get an attorney come back then. The idiot was trying to get the kids furniture and obviously they needed beds to sleep in, as he had only weekend visitations at that time, so family law facilitator, working to devise settlement agreement, said I can’t deal with this non cooperative fool. I did try to write up settlement agreements over the years following the format fam law facilitator gave me to go by on our own, however each attempt was worthy of the same ono cooperation and foolishness and to no avail. Idiot this fool is and criminally minded too he was clever enough to get away with so far this scam and fraud committed with his perjury on the facts in the case enough to clear out the one and only hope I had to ever get back some of the many numerous other losses that he created in this marriage and tax debts he continually had used me to pay off each and every time they came after the man taking entire estate inheritance from Mothers death in 1991 a tax levy he was totally lied to my mother on her death bed even when signing a living trust asked him will the taxes be a problem if I leave it in her name ? He looked right in the eye and said oh no never let that happen now etc… And other debts with IRS that occurred even after that bomb landed in my face.

My question for you professionals out there . . . is what is the best way to go with this one? Naturally cal pers money is long gone, all gone and so that is not worth going after. He never has had anything really but a big drug addiction, lives with the parents, claims he is disabled not yet approved supposedly for any benefits yet, they are aware the real issue is drugs I am sure. Parents are approaching their 90's they have a nice home and life insurance, most likely as his father was in the business of insurance policies sales. And he is only surviving heir. Next in line under him are my 2 now grown kids and two other grandchildren. I give him 5 years max before he has nothing left house and all, and hate to see these ignorant in denial hard working people that are the parents of this fool, have all they worked for go up in smoke like that but is definitely the way it is and would never try to do anything different at this point he would rather over dose I think his drug is his best love as it was then more so now. I would love to see him get criminal charges for the Cal Pers thing at least if he went and sat it out for awhile in jail he may be able to dry out long enough to get help for the adiction issue and kids et to know this man they have not had around since he took drugs over the life he could have with them. However do not how charges could be addressed or to get a suit into court for the money lost in joint funds taken because it is technically the parnts and inheritance money that would be worth going after! I could use sound advice from someone experienced in messes of the same! If there is anything as nasty as this mess???? HELP PLEASE ANYBODY GOT A CLUE???

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#227509 - 11/01/09 02:50 AM Re: QDRO RIGHTS CALIFORNIA [Re: dcsswasteoftime]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
I would speak to an attorney as quickly as possible - seek a consultation about the proper way to recover against him - and also to Cal Pers and others who allowed him to fraudulently withdraw the cash.

Also, I would wonder why the state agencies for child support collection were not watching this? Do you have an order being enforced by the state?
_________________________
Disclaimer:Not actual legal advice!

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#227515 - 11/01/09 11:47 AM Re: QDRO RIGHTS CALIFORNIA [Re: Tali_Llama]
dcsswasteoftime Offline
Member

Registered: 01/15/09
Posts: 7
Loc: CALIFORNIA
Yes I do actually that is saddest part about the whole mess they missed it. I was a non assisted case not receiving any benefits but needing to enforce the last court order I was given they had this case since 2005 and he pulled out cash in Jan 07 after the third complaint was filed and they investigated the case and searched for financial matters. They had a copy of the last statement received upon separation so they were well aware of that as an option. I have several documents too where they contradicted them selves in written form. Cant they be held liable for such a crappy job they did? It seems like there is several wrongs in this matter but trouble is where do you start? Lawyers consultations seem to be puzzled unless they can get alot of cash to look into it thats just not possible. I wish I could find a lawyer to take in on contingency or something they can take it all really it is the point here that is big deal for me really, I have gone this long without any money I can do it for while longer! I appreciate your advice and keep trying to find the one who will take on this mess!

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#227528 - 11/01/09 06:41 PM Re: QDRO RIGHTS CALIFORNIA [Re: dcsswasteoftime]
justche Offline
Expert
*

Registered: 07/13/05
Posts: 810
In my experience with DCCS - they do marginally well with support orders when there is something to garnish - From the last issue I took to the state hearing level, it appears that although there are many options of enforcement, a particular agency is not required to utilize any thing specific, and are not held responsible or accountable for not seeking a specific enforcement option.

I totally agree that you need to seek an attorney to help you through this - The funny thing is how difficult it is to find an attorney a. that will call you back, b. knows his or her head from tail.
You should interview the attorney's during the free consultation time and see who knows how to navigate this. I took in all my questions written down and went through them all. I didn't let him take the conversation anywhere else. I took the first free 15 minute consultation, and it was $50.00 for the next 30 minutes. He gave clear instructions on what i could do on my own and what direction would be most advantageous. You may find the same type of attorney in your county - seek advice, but do the work on your own.

I would also do two other things, find out who your supervisor from the county board of supervisors and start involving them. They control the purse strings, and the directors of the agency report to them.

File a complaint with the local DCCS ombudsman.Will it achieve anything? Probably not, does it leave a paper trail of what they have to answer you about the complaint? (Like, why they didn't have a lien on it, or why they weren't watching for it.) Absolutely!

I have really found that there is a separate battle against DCCS in addition to the NCP. I was shocked to just see that the OC DCCS filed a lien against a second lawsuit our NCP is involved with for further arrears. I was happy there was a garnishment on his SS disability and a portion of arrears was being taken out - so I wasn't pursuing other enforcement, and they did it on their own. (Although I have to wonder if the board of supervisors is still involved on some level.)

Since you are still married you may be able to "assist" him in getting disability - then you can get that garnished for up to 50% even for arrears.

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