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Wail Sarieh
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Wail Sarieh’s Answers

2,611 total


  • How to amend a divorce decree in California.

    Hi, I would like to know how to make modifications to a divorce judgment after the divorce is final. I am looking to (1) modify child support and (2) add additional items that were previously overlooked and not specified in the decree. I have all ...

    Wail’s Answer

    Not sure what are you asking, file the modification for support based on some changes like custodial time or change of income. Not sure about the other two items in your request.

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  • My wife served me papers in May and put 3/1/15 as separation date. She stills lives in our house, is unemployed and not

    collecting unemployment because it ran out the same week she served me the divorce papers. I pay all the bills, mortgage, utilities, insurance etc and buy food for the house which she eats. She says I am also obligated to give her spending mo...

    Wail’s Answer

    Spousal support depends on many factors. However, if you are paying for the mortgage, utilities, etc while being separated you will be entitled to a credit. Consult with an experienced family law attorney.

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  • Divorce: When spouse violates ATRO & Judge order to pay property taxes & support can I file an ex-parte or RFO?

    Would this mandate a meet & confer? Basically my ex changed the title of our community asset during the current pending divorce case we have. Also, he has refused to pay property taxes, and even the homeowner insurance and has been late on mortga...

    Wail’s Answer

    Ex parte is for emergency purposes. It appears an RFO would be more appropriate. Consult with an experienced family law attorney.

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  • A judgement was entered on my divorce in 3/2015, however, my ex wife still owes me from an equalization payment. I have a PO

    against me so I don't see my child at all. There was no spousal or child support awarded to either party. Now my ex has filed for a modification of child support even though I'm not working and have no income. Can the judge order child support bas...

    Wail’s Answer

    Child support is based on income or earning capacity/imputed income. It will not be based on the equalization payment. Consult with an experienced family law attorney.

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  • Got married in California. Just now noticed one birthdate (year) is wrong on the marriage license / certificate.

    Does this make the license / certificate (both?) Illegal? (it was wrong on both documents by those many years) We've been married over 2 years.

    Wail’s Answer

    It should not invalidate the license, its a clerical error. Call the country recorder.

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  • Joinder. Property purchased and hid in a 3rd party name during marriage

    My in law was joined to my divorce case because 4 properties were purchased during my marriage and hidden in his name. When we deposed him he admitted he used funds in joint accounts held w my husband to pay for the 4 properties. my in law clai...

    Wail’s Answer

    Your husband has the burden of showing that it was separate property funds. Consult with an experienced family law attorney.

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  • Can I change my date of separation per In re Marriage of Jones-Davis and Davis?

    My divorce trial was in February 2013. In January 2014 I filed a motion to set aside the divorce judgment under Family Code 2122. Amongst other claims I claimed that in my original petition for dissolution I made a mistake as to date of separation...

    Wail’s Answer

    I am not sure you can do that after years of entering the judgment. Motion for reconsideration under CCP 1008 would have been perfect for your case but it has a deadline; same goes for CCP 473 motions and I do not believe that FC 2122 would help the case. You need to sit with an experience family law attorney and discuss your options if any face-to-face. Davis is a ruling that many are trying to change via legislation and I do not think it will last long.

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  • Can my ex take me back to court for increased visitation rights if I move to the same county as him?

    I have a 6 1/2 year old son with my ex-boyfriend who lives in Temecula (Riverside County). I started dating another man when my son was about 1 years old, and have now been married to that man for two years. We have a daughter together, and have a...

    Wail’s Answer

    He can attempt to modify visitation regardless. However, he would have to show it is in the best interest of your son to do so.

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  • Can I call CPS or can the father do anything?

    Should I call CPS? My 2 week old nephew visited and he was covered in bug bites, listless, very hungry, and had huge bags under his eyes. He looks unhealthy and skinny. His mother refused to provide us with food when we were watching him and told ...

    Wail’s Answer

    If you think he is being endangered, call CPS. Further, if the parties are unmarried, your brother should be filing a paternity action to establish his custodial rights.

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  • Allergy attack

    There was Stipulation signed by my previous attorney, which angered me, The child has asthma and allergy the mom does not give him medication and he just had an allergy attack at summer school, she did not give the day care the allergy medicatio...

    Wail’s Answer

    I do not understand your question. However, if you child is having a serious allergy attack and she is not giving him medication, you can file for an ex parte application (emergency hearing). Consult with an experienced family law attorney.

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