Resolving an Impasse Over Child Support
Q. Last year, my ex-wife took me to court to pay child support for my 19-year-old daughter while she is attending college. My daughter is now 20.
My daughter sent me her grades for the first semester. The second semester, her grades were so poor that she was in danger of being placed on academic suspension. Since that time, she refuses to send me verification that she is still in school.
I have repeatedly asked for her grades from the school, my ex-wife and her attorney but no one will cooperate! Do I have to spend more money going back to court to get what is supposed to be given to me already?
RC,
Tustin
A. A parent’s duty to support a child normally ends when the child turns 18. The law does allow this duty to be extended so that support can be obtained for a child who is a full-time high school student and who resides with a parent until he or she turns 19 years old or finishes the 12th grade, whichever occurs first.
Parents can even extend this duty further by agreement. This appears to have been what happened in your case. If this is your situation, the terms of the agreement are very important.
You should consult the attorney who represented you in drafting the agreement as to the appropriate legal action you should follow. If you did not have an attorney, you should obtain one, as child-support questions often involve going to court if the parties cannot resolve the matter between them.
Q. We purchased a 24-year-old house. We paid fair market value for the home. Unfortunately, we opted not to have the home inspected because it appeared to be in excellent condition and the sellers seemed to be such honest people who had taken good care of the home.
We have since discovered that the roof has extensive holes, and that a moderate to heavy rain would cause severe damage to the walls, wood, paint, plaster and wallpaper.
We wrote a letter to the sellers to apprise them of the situation. Their response was that they were not responsible and were unaware of the leakage. However, they did admit that they had made repairs to the roof.
The Real Estate Disclosure Statement that the seller and the real estate agent signed state that the roof is in good condition and is free of leaks.
We have consulted an attorney. The attorney says there is no guarantee as to our winning. We are worried that we would spend nearly the cost of a new roof on attorneys’ fees, etc., and not even be successful.
What is the law regarding a buyer’s rights in the purchase of a home?
VW,
Brea
A. The law provides that in a typical residential property sale, the seller and his broker must disclose defects in the property to the buyer in the Real Estate Transfer Disclosure Statement. The seller and his broker will generally not be responsible for any error in the statement if the error is the result of ignorance which is not caused by any negligence or lack of good faith.
You should rely upon the advice of the attorney you decide to retain as to whether this law works in your favor or not. A good attorney can never guarantee total success to a client. The outcome almost always depends upon the unique set of circumstances in each individual case.
The dilemma you face is a very common one for people who must decide whether to become involved in a lawsuit. You are the only one who will be able to determine whether the risks are outweighed by any potential benefit.
Q. I am sure you’ve had your fill of traffic ticket questions, but here’s another one. I got a ticket for speeding that I feel I must fight, since I may lose my license. I was told by the court clerk that a traffic commissioner would hear my case. When I asked what a commissioner was, I was told that it wasn’t a real judge.
I’m sure that the commissioner does a good job, but I want a real judge to hear my case since my license may be at stake. Do I have to take the commissioner?
BD,
Brea
A. You do not have to agree to a commissioner hearing your case. You should inform the clerk’s office of the court in which your case is set that you wish to have a judge hear it. That office should assist you in assigning your case to a judge.
B. Tam Nomoto, an Orange County Municipal Court judge, answers readers’ questions about the law. Ask the Judge runs every other Saturday in Orange County Life.
