Legal Question in Family Law in California

Use of an elisor

My soon to be ex husband is asking the court to hold an exparte hearing to appoint an elisor in regards to the sale of our house. We recieved and offer on our house that was low but, more importantly I cannot move because my husband took all of our money and is hiding it. He has been ordered to pay spousal support and refuses to pay, he is 3 months behind. I have only $800 in the bank and it is not enough to rent an apartment. Do I have rights in this matter or can I be forced to be homeless with my kids?


Asked on 5/03/08, 10:28 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Use of an elisor

You may oppose the appointment of a receiver. Contact me directly.

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Answered on 5/03/08, 3:46 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Use of an elisor

It does not appear that an appointment of an elisor would be appropriate under the local court rules based on the facts that you have given. You should be able to collect the support that is ordered and there are other options you have available to you concerning the sale of the house and the payment of rent, such as an option to rent back the house for a period of time to allow you to find suitable housing with money coming from escrow directly to you to provide you with the money to obtain housing. But first, collect the support that is owed to you. I recently taught a seminar in collection of Child Support at the local court. There are several options that you have. You may wish to call me.

Good Luck, Pat McCrary

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Answered on 5/05/08, 9:18 am


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