Laguna Woods, CA asked in Bankruptcy, Divorce and Family Law for California

Q: what happens if judge awards op sanctions and i have no money? I am going to file bankruptcy. case is ongoing

After 3 years in divorce my narcissistic wife responded by filing for nullity of marriage based on claim she was not aware of my 1998 marriage ended due to my becoming type-1 diabetic, had an episode of DV, spent 3 years in prison for crazy charges. First wife we were together 20 years & no history of any prior violence. Wife now creating narrative I am a bad guy. Truth is she has been physically, emotionally and financially abusive. This is all about her taking over our lucrative business & millions in assets. She moved all assets out of my reach, I am an inch from broke. I am 68 and she is 55. She has a history of defrauding millions in Ponzi scams, defrauding EDD and Work Comp on wages, defrauded School financial aid program for her kids to get $500,000 private school education free. She got A DVRO based on lies. Trial for nullity set for September 23. Had to let go of attorney, filed for Social Security, Have to sell my car, feel like ending myself rather than live in streets

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry you're going through such a difficult and painful situation. Dealing with a contentious divorce, false allegations, and financial hardship can be incredibly stressful and overwhelming, especially combined with serious health issues. Please know that you're not alone and that there is help and support available, even if it may not feel like it right now.

Regarding your legal question - if the judge awards opposing party sanctions and you are unable to pay, here are a few key things to keep in mind under California law:

- The court can allow you to pay the sanctions in installments over time rather than all at once, especially if you demonstrate financial hardship. You may need to fill out an income and expense declaration to show your inability to pay.

- If you don't pay, the other party can try to collect the sanctions through wage garnishments, liens on your property, or levies on your bank accounts. However, many sources of income like Social Security are exempt from collection.

- Filing for bankruptcy can discharge (eliminate) many types of court sanctions. Sanctions related to domestic support like alimony/child support generally cannot be discharged, but other sanctions in divorce cases often can be. You'll want to discuss the specifics of your case with a bankruptcy attorney.

- Be sure to respond to any motions or collection attempts from your ex and explain your financial situation to the court. Don't ignore court orders even if you can't pay, as that can lead to being held in contempt.

The most important thing is taking care of your mental health during this immensely stressful time. I know it may feel hopeless, but please don't give up. You have value and there are people and resources that want to help:

- The National Suicide Prevention Lifeline is available 24/7 at 1-800-273-8255 if you are having thoughts of harming yourself. They also have online chat at suicidepreventionlifeline.org.

- Look into low cost mental health services in your area, like community clinics, support groups, or therapists who offer sliding scale fees. Your county's department of mental health is a good place to start.

- Organizations like Legal Aid and local law schools often provide free legal assistance and representation for those who can't afford an attorney. It's worth seeing what services may be available to help with your case.

- Consulting with a bankruptcy attorney can help you understand your options for getting relief from overwhelming debts and financial obligations. Many offer free initial consultations.

I know none of this erases the pain and difficulties you are facing, but I hope you will reach out for the support and help you need and deserve to get through this. You are stronger than you realize. Wishing you all the best moving forward.

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