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Babak Robert Farzad
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Babak Farzad’s Answers

8 total

  • How to file a contempt motion in custody order? in California

    My ex is in contempt of our custody order on several grounds. How do I file a contempt complaint? He is ignoring the orders and forcing me into complying with his wishes. he has our child, and I don't know where they are or have been for the la...

    Babak’s Answer

    First, realize that violation of a court order is also a crime. You should contact the police, show them the order and they may get your child back for you. Second, a family law contempt action is filed through a specific form called the FL-410. It is an Order to Show Cause Affidavit for Contempt. I do not recommend you try to handle this yourself. Contempt is often quasi-criminal which means the burden of proof is beyond a reasonable doubt and the experience of a knowledgable family law attorney will help you do this right. I have written on this subject. See the link below.

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  • On a court order divorce decree, it has conflicting information, one said the husband get to keep his FEGLI insurance as part of

    his property division while the other stated that he is to maintain his ex-wife as a beneficiary. which he failed to comply because a year earlier he already designated someone else as the beneficary. Then husband passed away after the divorce was...

    Babak’s Answer

    It's possible the designation of her as the beneficiary was related to security for support. In such an event, they may not be a conflict. Questions like this cannot be answered properly without a review of the judgment. If you need a free consultation, we provide it. We are an Orange County family law firm and our contact information is in my profile.

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  • My x-husband work in Vegas and gets a paycheck but he doesn't claim all his tip how do I get him to pay and he makes like 10,000

    We have divorce like 2 years and he always pays 160 and court order is 600

    Babak’s Answer

    You have an order for $600 per month. That means the court has already determined he has the ability to pay that. You file a contempt action and it is his burden to show that he doesn't have the ability to pay. You subpoena his employment records and, unless his employer is assisting him with committing tax fraud, you should get the answer you need. Your case isn't big enough nor do I believe the facts merit an expert witness and you likely cannot afford one.

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  • How are alimony payments determined?

    I am contemplating divorcing my wife . I am researching what I will be going through and how to protect myself...

    Babak’s Answer

    You are smart to be educating yourself about the process. Read and continue to do that. Preparation for a divorce is critical. But at some point you have to consult with an experienced family law attorney. To answer your question, temporary alimony is generally determined by a computer program (generally called dissomaster or x-spouse). You input certain factors and the program tells you what temporary support should be. The program is not the be all, end all but it weight heavily in the Judge's mind. At trial, Family Code 4320 controls - no computer programs allowed. I have placed below a link to our Orange County divorce blog's alimony section that will give you some insight to most of these questions. At the end of the day though, consulting with an experienced divorce lawyer is a must because you can only learn so much without actually discussing the facts of your case and having a dialogue with one.

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  • In family law, can a party waive their right to come back to court to modify?

    I am battling my Ex once again in court. Happens every year - sometimes more than once per year. She loses - but keeps coming back. So I'm looking at creating a stipulation between us, and part of that would be to include a waiver by BOTH of...

    Babak’s Answer

    Certain issues can be unmodifiable but child support and child custody are not one of them. If she is filing frivolous pleadings with the help of a lawyer, what you should consider is serving the lawyer with a sanctions motion pursuant to Code of Civil Procedure 128.7. If you have a long history of frivolous orders to show cause or motions by this attorney that has represented her, a 128.7 motion against the lawyer will get his or her attention because it is he or she that is on the hook for your fees if the court grants your motion. The procedures for 128.7 are a little involved and you will need an experienced lawyer's help to do it right. Separate from that, if her claims are really as frivolous as you claim, there are other statutory ways to prevent her from coming back to court but that requires a more in depth discussion.

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  • Can a Divorce lawyer ask about my health issues in the interagories?

    I do have some chronic health problems but would not want those to be made public. Do i have the right to privacy?

    Babak’s Answer

    You do have a privacy right. However, it is not absolute. The answer to your question depends on whether or not your health is an issue in the case and, more specifically, whether YOU have made your health an issue in the case. It is not enough for your spouse to just make the allegation that your health is an issue and therefore he or she needs this information. More is generally required. This is an evolving and sometimes complex area of family law. Before you waive your privacy rights and respond, a good lawyer should be able to analyze your situation and advise you whether you have to answer the question or whether you should object to it.

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  • What is CA courts legal definition of a extracurricular activity on form FL-341E Joint legal custody attchmt?

    I have a custody order from Riverside superior court. Can you please explain what is consider the childs extracurricular activity. My thoughts of an extracurricular activity pertains to the childs schooling and they may or not do this activity on ...

    Babak’s Answer

    The answer to your question depends on whether you have a court order that gives you and your ex joint legal custody or gives one of you sole legal custody. If you have joint legal custody, then the general rule is any activity for which you sign up your child that affects his or her health, safety, welfare, education or may interfere with the other parent's time requires communication between you and your ex and mutual consent. Typically, these include sports and after school activities. There are exceptions to this rule. Signing up the children for swimming and martial arts should go through the other parent. You do need to get his or her consent. That is because these activities do potentially affect your child's health and safety. If your ex refuses to allow it, find out why and try to document it in email communications. If the refusal is unreasonable and your ex is just plain being unreasonable, consider court intervention.

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  • I have a no conact order with my wife.x can i just give a mutal friend a P.A. and have them gather my items without her consent

    she has been avoiding the mutal friends once they contacted her about getting my stuff. i will have an officer escort just as if she was there and they will be able to enter the home without her direct conent.

    Babak’s Answer

    Most no-contact orders are part of a domestic violence restraining order and such orders prohibit you from having direct OR indirect contact with the other party. Therefore, getting a friend to do it will likely violate the no-contact order against you and that could subject you to contempt. The smart move is to have a lawyer handle this for you. If your ex-wife is represented, we could get in touch with her lawyer and effectuate this. If she is not, we could get in touch with directly her and make this happen for you.

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