Scott Charles Maccabe’s Answers

Scott Charles Maccabe

San Juan Capistrano Divorce / Separation Lawyer.

Contributor Level 10
  1. Can a "In Pro Per" spouse issue/sign/request for a subpoena in a pending divorce dissolution? Or does an attorney have to issue?

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Scott Charles Maccabe
    3. Daniel Seth Williams
    4. Cameron Todd Norris
    5. Manuel Alzamora Juarez
    5 lawyer answers

    No, you need the court clerk. Under CCP section 1985, you need a clerk, judge, or attorney of record. Your choice here is going to be the clerk.

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  2. How many days in advance of court hearing must you serve a responsive declaration to an OSC?

    Answered over 2 years ago.

    1. Scott Charles Maccabe
    2. James Louis Miller
    3. John Hamilton Kibbler
    3 lawyer answers

    When you say you had your former wife served 16 days in advance, I trust that is 16 court days as required, and then your ex-wife is supposed to file and serve her responsive papers 9 court days before court. Though both time requirements are found in CCP 1005, your 16 court days is generally enforced, but the 9 court days is often not so strictly enforced. There are various circumstances that need to be considered, but I suggest you prepare for your hearing as best as you can. You are...

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  3. Divorce Case Motion for Contempt

    Answered over 2 years ago.

    1. Scott Charles Maccabe
    2. Michael Charles Schwerin
    3. Kenneth V. Zichi
    4. Peggy Margaret Raddatz
    4 lawyer answers

    To answer your question, more likely than not the date you have in about a month is the arraignment date on the contempt charges. It is most likely not the trial date at all. Generally, you get arraigned and then set the trial date - or you can be arraigned and then waive time and set a pre-trial/trial setting conference date. Apart from the defense you may have as to the merits of the charge, you might have possible motions available to you as well without taking the matter to trial.

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  4. Will my separate maintenance agreement be superseded by a foreign divorce decree?

    Answered over 2 years ago.

    1. Scott Charles Maccabe
    2. April D Jones
    2 lawyer answers

    Your Australian proceedings will not necessarily supersede the Georgia orders. I suspect your pension will remain as divided but the support will be looked at under the circumstance as they are now and according to Australian law. You should consult with an attorney there.

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  5. I have been divorced for 4 Years

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Ann Frances Breau Karpenski
    3. Scott Charles Maccabe
    4. David Alexander Browde
    4 lawyer answers

    No, you are not going to get his tax returns directly from the IRS. Your best steps are to require your former husband to provide his tax returns and an updated Income and Expense Declaration. Then you should subpoena payroll records from his work as well as account statements from his bank, so you can compare the different sources of information you then have. You are going to need a local lawyer in order to pursue these steps.

    6 lawyers agreed with this answer

  6. Can I cancel an amended petition?

    Answered almost 2 years ago.

    1. Daniel Seth Williams
    2. Michael Charles Doland
    3. Scott Charles Maccabe
    3 lawyer answers

    You could go ex parte, that advice is solid, but it is not much of an emergency. I would communicate with the respondent to file a Response to the original Petition, and then you can process a Stipulation and Order voiding the amended Petition. There are a lot of great lawyers in Torrance, and you could work with Stuart Bruers, Nadine Jett, or Bob Waddell for just a few names.

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  7. Wife withdraws 90% of joint savings before divorce and accuses me. I need money to fight through divorce. What are my options?

    Answered almost 2 years ago.

    1. Wazhma Aziza Mojaddidi
    2. Donald Frederick Conviser
    3. Atousa Saei
    4. Scott Charles Maccabe
    5. Isileli Tupou Manaia Mataele
    6. ···
    6 lawyer answers

    You need to file an RFO right away and seek a return of the money, or at least 1/2 of it. Do not delay, as the money will continue to dwindle away.

    4 lawyers agreed with this answer

  8. What happens when my ex took one of the cars when we spilt up and now wants me to make half of the payments?

    Answered over 1 year ago.

    1. Scott Charles Maccabe
    2. Donald Frederick Conviser
    3. Michael John Harrington
    3 lawyer answers

    There are other issues, primarily are you going to have to be paying spousal support, that come in to play. If there are no orders you can just not pay, but if you are going to owe support anyway then you might as well keep your credit good.

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  9. Recently moved back from overseas and I was served the divorce papers

    Answered over 2 years ago.

    1. Scott Charles Maccabe
    2. Michael Charles Schwerin
    2 lawyer answers

    Family Code section 2320 requires that one of you be a resident of the state for at least six months and a resident of the county you file in for at least three months immediately prior to the filing. As your husband remained in Los Angeles County when you returned to your country of birth, the residency requirements are satisfied by your husband and you can proceed with the marital dissolution in Los Angeles County.

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  10. How can I get compensated for this?

    Answered almost 2 years ago.

    1. Atousa Saei
    2. Rebekah Ryan Main
    3. Donald Frederick Conviser
    4. Scott Charles Maccabe
    4 lawyer answers

    I think you are not going to be succesful with any claim. While Mr. Conviser is correct, and you have a chance if there was an agreement, you could sue him and hope for some form of recovery but you have to consider all practical factors and not just going after him because he deserves it. You need to be better off in the end. Best regards to you.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful