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Scott Charles Maccabe

Scott Maccabe’s Answers

205 total


  • How can I get a court order enforced. My ex-husband refused to sign the quit claim deed he was ordered to do by the court.

    My ex-husband received a court order to quit claim the house we shared to me. He refuses to sign it over so I can refinance it.He owes me an equalization payment so I also placed a lien on his house but he also refuses to sign it. Today I receive...

    Scott’s Answer

    The clerk will sign the deed for you after a motion. If there are time concerns (refi deadline or others) then you can request ex parte relief. If you have the legal description in the Judgment then you might be able to work with a certified copy of the Judgment - ask the title company.

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  • Can i sue my parents for negligence?

    im 17 1/2 ill be 18 in april. my bf has lived with me and my fam for a year now but we got sick of my dads immature ways so we decided to move out. my fathers family tried to call the cops to get my bf in trouble but they couldnt cause they consen...

    Scott’s Answer

    I am sorry to hear about your situation with the family - I do not believe you are likely going to have any plaintiff's lawyer take your case. The best would be to move forward as you are. Best regards.

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  • Can signing a Settlement Agreement to pay me $30K but then filing bankruptcy be considered a type of fraud?

    Settlement payed me to not file a malicious prosecution suit for sister's challenging mom's Trust leaving me the condo. I won that challenge on 12-12-11. Signed Agreement on 10-1-12. Debtor paid $20K, missed 2nd pmt. on 11-20-12 Her attorney wrote...

    Scott’s Answer

    I changed the area of practice to bankruptcy. Dennis McGoldrick at (310) 328-1001 is a great bankruptcy attorney and he might be able to help you.

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  • Can you filed a civil suit for Libel, defamation and/or false light if allegations were made in family law case?

    My husband and his ex-wife are engaged in OSC in Family law over child support and visitation. In the motion, ex-wife made several false statements about me and my children (stepmother/half siblings) which I can easily show to be untrue. However ...

    Scott’s Answer

    You are going to have hurdles because the statements were published within judicial proceeding - Civil Code section 47(b). Consult with Michael Duberchin (818-223-8700).

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  • My husband and I are divorcing after 8yrs and 2 young boys ive been a housewife all 8yrs do i have in rights? im in california.

    im scared since ive never had income i will get nothing at all in the divorce... i feel lost. i thank you for your time and advice in advance.

    Scott’s Answer

    You have a short term marriage, so you are looking at spousal support for about 1/2 the length of the marriage in all likelihood. As for custody and visitation, you have been the primary caretaker there, but that best interests determination will take many factors into account. Child support will be calculated based on guideline calculations. Your should meet with an attorney and discuss your options.

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  • I am an American citizen married to a Thai national (who has residency here in the USA). I have a step daughter who's 15 and has

    I am an American citizen married to a Thai national (who has residency here in the USA). I have a step daughter who's 15 and has been with us in the USA since she was 5. If I were to get divorced and my wife went back to Thailand do I have any leg...

    Scott’s Answer

    Not through a divorce proceeding. You could try a guardianship, but your wife's return to Thailand is not going to be sufficient without out other concerns for you to keep your step daughter here.

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  • Once my divorce is finalized, must I provide my Ex with an alternate health insurance

    If and when my divorce is finalized, and I have to take my exhusband off my health insurance coverage, will I be obligated to provide him with another medical insurance so that he continue to have the coverage that he is accustomed to, under Calif...

    Scott’s Answer

    No, that would instead come from spousal support you would pay him if that is applicable under your case. In most cases, he would get COBRA or his own insurance.

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  • Notice of Unavailability in Orange County, CA. Family Court.

    Family Court: Do the OC courts acknowledge these? I'm referring specifically to the impact the following cases had on Notice of Unavailability: Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299 [10 Cal.Rptr.2d 371]. Carl v...

    Scott’s Answer

    No, the clerk should bounce the filing back. They do not get filed in Orange County - but as a courtesy, you should try to accommodate the calendars of others as much as possible.

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

    When we split up we had two vehicles... one new one old... she took full posession of the new one even though im still on the loan title... she fell behind on the payments and because i didnt want it to affect my credit i started to pay half... t...

    Scott’s Answer

    • Selected as best answer

    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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  • I'm a homemaker with a disabled child and I'm feeling pressured into an unfavorable settlement that lacks very important issues.

    The divorce has been on going for over a year and I'm worse off now than when I filed. My attorney has not assisted with meeting the best interests of my child or myself. I have done all the research and paperwork thus far without any additonal in...

    Scott’s Answer

    I am sorry about your situation. With the divorce going on for over a year, that happens regularly. With all the research you have done, the information on the internet (from websites like this as well) is no substitute for actual representation where you and your attorney are working together with a full understanding of the facts and application of the law. With the court finding you in contempt, you are at a disadvantage that you did not need in light of all your circumstances. You are in a difficult position and should consult with counsel to discuss your options - but being bullied into a settlement is not how your case should go. Sometimes settlement is a tough choice, but it might be the right choice for you. The settlement might be the best thing for you and of all your options it might be the path you should take. Nobody on any website knows as well about that as you and your lawyer do.

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