I just found out my ex got a settlement from a lawsuit for $55,000 where he sued his ex employer, that he is not reporting.
I went to the courthouse to get copies of the case for more details, however the only details are that it was settled out of court with no release of the info on the settlement. How can I prove to the court that he got that income from the settlement? it's been obvious because he's gotten a new car, and been pouring money out for gifts for the kids that he couldn't have afforded before.
I am in California.
2 Answers from Attorneys
This resource could be characterized as either an omitted asset or concealed asset. You should file and serve a request for order to capture this asset and mandate full disclosure by your ex. If your ex hid this asset from you , you may be entitled to the entire amount awarded to you by the court.
Ms. Kock is exactly right. Once you file a motion to capture the asset you can send your ex discovery demanding all the relevant documents from his settlement, and you can subpoena his former employer as well to compare what they give you and what he says/provides to catch him in any lies.