Paul F. From Santa Monica Asks:

My wife is fighting with me because she wants to keep the house, but she  won’t agree to the fair market price for it.  I tell her, if you won’t do that, it has to be sold. What will happen if we go to court?

Dear Paul:

If you go to court, the court will order the house to be sold. You will want to ask the court that you both have to mutually agree to: The listing broker, the listing price, reductions of the sales price, and the ultimate sale price of the house. Ask the court to retain jurisdiction with regard to the sale, just in case you need to go back to court if you and your wife have disputes regarding the above. Hopefully, you and your wife will come to an agreement on your own and avoid litigation. Good luck.

– Link

Camille W. From Hidden Hills Asks:

I am in a child custody fight with my game-playing ex husband. I just found out that he recently filed bankruptcy which I believe is not legit, but rather a tactic to avoid the wage assignment order I have for child support. Does the bankruptcy affect the custody proceedings?  What happens with the Wage Assignment Order?  Can my Ex wiggle out of that? I am worried.

Dear Camille:

Child custody and visitation proceedings are exempt from the automatic stay when a party files for Bankruptcy. It will not effect your ability to get appropriate orders in the Family Law court for child custody. The automatic stay in bankruptcy does not stay actions or proceedings with regard to the withholding of income.  In other words, wage assignment orders for support are enforceable and not affected by the stay.  I hope it works out for you and your children.

– Link

Harold From Lancaster Asks:

I have a Contempt against me for non-payment of child support.  The reason I haven’t paid it is because my business is down the tubes and I am trying to stay afloat with my other obligations.  Is there any hope for me?

Dear Harold:

There is always hope Harold. Let’s break it down. You will want to modify your child support order to reduce your obligation. The problem is that if the court adjudicated that you were in contempt for nonpayment, you will most likely  not be able to modify the child support order until the contempt order is purged.  If the court did not hold you in Contempt because of your inability to pay, you can and should modify the child support order.  A legitimate inability to pay is the very reason for modifying the support order.

– Link

Joy From Palos Verdes Asks:

We are the grandparents of our son’s three adorable children, ages two through six years.  Our son is presently going through a bitter divorce from his wife.  They’re battling over custody and visitation, and finances.  We’re unsure of the outcome but do we as the grandparents have any rights whatsoever?  We have always been involved in their lives and even prepaid their college tuition.  We have also opened 529 accounts for their future education.
Thank you for your kind attention. Our friends rave about your representation of them, and we value your advice. We look forward to hearing from you.

Dear Joy:

Thank you for your kind words. You sound like loving and generous grandparents. The good news is that you do have rights as Grandparents in this case. There are three avenues by which grandparents may be given visitation rights and one of them is when a custody proceeding is pending between the parents (Family Code Section 3103).  In fact, Family Code Section 3104 also gives the court Jurisdiction for Grandparents to seek visitation under certain circumstances.  With regard to Family Code Section 3103, the court MAY grant reasonable visitation to a grandparent, provided the court determines that grandparent visitation is in the child’s best interest. Given your involvement with your grandchildren, it sounds like you have a good basis to show that it would be in the childrens’ best interest to continue visiting with you.  I hope this helps, Joy.

– Link

Submit your own question below
Submit your own question using our “Ask Link” service. Link is happy to answer any and all of your family legal related questions promptly.