Legal Question in Constitutional Law in California

opposing counsel in a family law case told my attorney I had to sign final judgement in our divorce before we could go forward with our custody evaluation in which appointments were already scheduled. My attorney told me opposing counsel said they were all orders and that I had to sign. I am the custodial parent and opposing counsel add some verbiage and an order stating I was giving my tax deduction for the children to my ex. Although the judge early on in the divorce stated he could have the deduction because I had the tax break of our house, I never agreed to giving him my deduction. He took the deduction for nine years. My tax attorney assured me the deduction is mine so I filed my taxes accordingly. The judgement was certainly signed under duress. Judge is giving me 30 to find a lawyer and stated my rights may be violated leading into civil or even criminal charges. How do I prove duress? 5th amendment rights judge said.


Asked on 8/04/14, 11:21 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It is very hard to understand your situation, but it sounds like you are back in court on a contempt citation. You could go to jail for it. Get off the internet and find a lawyer in person right away.

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Answered on 8/05/14, 3:03 pm


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