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Wail Sarieh
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Wail Sarieh’s Answers

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  • My sons father wants to fight for custody when he doesn't even live in california where my child and i reside he lives in texas

    he hasn't been in his life he's 6 years old and he's only seen him about three times in his life and from them 3 times it was about a day or two each time he doesn't even know where we live. he has already moved in with another female and had ano...

    Wail’s Answer

    This question has already been posted. If he is not listed on any judgment, order, birth certification, voluntary declaration of paternity, etc. then he has not been deemed the father. The court can only order a DNA test within the first two years of the child's life.

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  • My sons father wants to fight for custody when he doesn't even live in california where my child and i reside he lives in texas

    he hasn't been in his life he's only seen him about three times in his life and from them 3 times it was about a day or two each time he doesn't even know where we live. he has already moved in with another female and had another baby boy not ment...

    Wail’s Answer

    It depends on the age of your child and if there have been any child support orders. If there are no judgments or orders, then there is nothing stating he is the father of the child. The court can only order DNA tests within the first two years of the child's life. This is a complex case, consult with an experienced lawyer.

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  • How do I transfer part of my 401K to my ex, per our MSA, without incurring fees and penalties?

    We have filed for divorce and do NOT have a judgment yet, but have agreed on an amount of my 401k to be transferred to a retirement account for her. How do we do this?

    Wail’s Answer

    I agree with my colleague, you need to prepare a QDRO.

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  • If filing a an Marriage Settlement Agreement, do you need to file a lot of other forms to finalize a separation?

    My wife and I filed the petition and response for an uncontested legal separation and want to move forward without attorneys due to the costs. There is a huge packet of forms we were given at the courthouse, but they all seem to contain the same ...

    Wail’s Answer

    You need to file the entire judgment packet which includes forms and the marital settlement agreement. I highly recommend having an attorney review your agreement to save yourself headache in the future.

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  • What are the criteria required for a modification of support?

    This is a case of a long term marriage of 13 years. My ex has paid support for 5 years now. However, a permanent support order was issued at Judgement one year ago based on the findings of a forensic evaluation. Since then my ex has filed multi...

    Wail’s Answer

    Modification requires a change of circumstances, i.e. decrease in income.

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  • I am a single mother and have been one for the past 13 years. My son has never known his father and doesn’t want his last name.

    I am a single mother and have been one for the past 13 years. My son has never known his father and doesn't want his last name. I have never gotten anything. I don’t want to put my son through anything and I know it wouldn't be a good thing to ask...

    Wail’s Answer

    You have to give notice to the father.

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  • Grandparents rights/custody

    My daughter just recently died a questionable death in Mexico and prior to that she had gone to court and lost custody of her 7 year old daughter for about 6 months till she could be clean of drugs. The Man that has my granddaughter is not the bi...

    Wail’s Answer

    I don't understand your question. Grandparents have limited rights with respect to children. You can attempt to take the father to court to obtain visitation. However, if you feel the child is not in a safe environment you may be able to petition for guardianship. You need to consult with an experienced attorney.

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  • Does my ex husband have any claim to proceeds of my house if the marriage was annulled?

    The house was my separate property prior to the marriage. My ex husband is claiming he is owed half the proceeds from the sale of the house and should be applied to the child support arrears.

    Wail’s Answer

    There may still be a putative spouse claim if the marriage was annulled, i.e. if community funds were used to pay down the principal during the marriage. Consult with an experienced family law attorney.

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  • Can you impute income for child support in california

    My ex has a bachelors degree and a teaching credential. I have my children 62 % and she has them 38%. Im still paying her and she doesnt even have the kids, so she can get a job, But she doesnt have one. I dont feel that I should still be paying h...

    Wail’s Answer

    You can request the court impute income to her. This is typically done through a vocational examination. Consult with an experienced family law attorney.

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  • How ex husband push me for sell home in lower price?

    We are in the tile, and the court said we need to sell home, we have Realtor but he decrees the price with out consult me. That is legally?

    Wail’s Answer

    Typically the agent will set the asking price with the parties based on comps. You both need to agree on accepting the offer.

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