Skip to main content
David Alexander Yomtov
Avvo
Pro

David Yomtov’s Answers

1,993 total


  • Can a notarized letter give someone else not custody of a child but temporarily rights of a child?

    Example I don't want to give my child's custody to someone, but could I still give them rights over a notarized letter. Again, I dont want custody to be shared. It's just a temporary change of about a year.

    David’s Answer

    What "rights" are you referring to? The right to add the child to their health insurance? The right to authorize medical treatment?

    Some things can be, and often are, "deputized" to a non-parent. But ultimate responsibility must remain with the parent to provide insurance and make sure that the "deputy" is taking good care of the child. If this person harms or neglects your child, then you will be facing serious problems.

    On another note, this person may end up filing a guardianship action, thereby seeking court orders giving them custody. If that were to be granted, you may have a hard time terminating the guardianship.

    You should sit with an attorney and discuss your situation, so that you understand your options and risks.

    See question 
  • Buying house during divorce process.

    I got an uncontested divorce, final finance declaration has been submitted. The case is now waiting for the judge to stamp. During these couple month, is there any legal risk if I buy a house?

    David’s Answer

    If you're using money that you either acquired post-separation or was confirmed/awarded to you in your divorce agreement, then you're in a safe position. The title officer will ask your STBX to sign a quit claim deed, and if you're divorce was not too acrimonious, he/she will duly sign it as asked.

    If, on the other hand, your SBTX won't likely cooperate, then you may want to put the close of escrow off until you get your judgment back.

    See question 
  • If my marriage reconciled after a mediated legal separation, what do we need to do to cancel the legal separation?

    I was legally separated through a mediation process. The marriage has since reconciled and we are back together. What needs to be done through the courts to cancel or end the legal separation?

    David’s Answer

    A Judgment of Legal Separation merely lays out your financial rights and obligations (and perhaps child custody issues; you don't elaborate). You are, in fact, still married (as you probably already know).

    You may reconcile and leave the financial and/or property terms in place, which would serve to potentially avoid disputes in the event that this attempt does not last.

    In the alternative, you can prepare a marital agreement, laying out whatever terms you desire.

    See question 
  • Can divorcing parents terminate Court's jurisdiction on child matters other than support & custody, like private/home schooling?

    Both of us currently think that it is wise to not approach the Court to decide whether our child will go to a private school. So that we don't change our mind in future, can we stipulate that the Court's power to adjudicate such matters will end i...

    David’s Answer

    If you do not want the court's involvement, then always agree with each other.

    However, since you are both only human, and disagreements happen even in spite of the best intentions, the court retains jurisdiction over the child's best interest. You cannot cancel this, but can only wait (hopefully in peace) until your child emancipates.

    The same goes for rulings on tuition. If you think about it, circumstances can change for anyone. That's where there is a Bankruptcy Court. In this instance, if one of the parties, say the party who is to pay 75%, becomes permanently disabled, then how/why should that person's responsibility not be modified?

    See question 
  • Petitioner did not show up for our court ordered mediation how do I present what I want and are the chances more in my favor now

    Petitioner wants a block schedule that is not beneficial to the children. I showed up but other parent did not. Another mediation appt will not be made so we go straight to court next week. How do I present the schedule of what I would like and am...

    David’s Answer

    Try laying out a calendar to show the schedule that you envision. A two-week cycle usually covers it. You can print out blank monthly calendars from the internet. Fill days in with "M"s and "D"s for easy visual reference.

    Be prepared to discuss how this is best for the children.

    While I don't think that the court will be happy about the missed mediation, I don't think that it will necessarily influence the outcome too much, since the children's best interest in truly supposed to be the bottom line.

    See question 
  • Child custody fraud. What are my options?

    I was ordered to pay an extremely low child support. The mother is being the stereotypical proverbial person and has tried to get any money she can from me. This was going on for about a year and the judge ordered $30 a month in support. There is ...

    David’s Answer

    "Who charges that much to baby sit a hours?"

    This is, indeed, the question. The daycare has to be both a) reasonably necessary to allow the parent to work, and b) reasonably priced.

    Why don't you try to agree to a jointly-agreeable daycare and then the price will be more competitive - and you can be assured that they will not be "rebating" their fees.

    See question 
  • Can ex win a case on child support?agreement is ex pays CS for 2 children and half of the private school fee for 1 child

    This worked well when my salary was 80% of his. Due to heavy expectations in the job and having primary custodian of 2 young children(both are below 5 years) I was unable to meet their expectations. After 1 + yr employer asked me to move out from ...

    David’s Answer

    If your court order says he pays half the tuition, and there is no later order that says otherwise, then he pays half the tuition. If he doesn't like it, then he should file an RFO asking for it to be changed.

    Would the court change it? It's hard to say on the basis of the brief set of facts that you've described, but the court generally likes the children's status quo to continue in place. So a child who has been in private school will generally continue in private school - so long as the parties can afford it. He'll have to make a good case for how the situation has changed SO DRASTICALLY that he can no longer afford it. (This requirement is the "change of circumstances" part of his burden of proof.)

    See question 
  • How does remarriage affect child-support?

    My fiancé is currently paying child support. His ex-wife is not remarried. When we get married, will they consider my income for the child support as well?

    David’s Answer

    A parent's new spouse's income is specifically excluded, by statute, from child support calculations.

    As Mr. Drabin points out, it may affect your fiance's tax burden, which indirectly affects his support calculation, since child support is based upon the parents' net disposable (i.e. after-tax) income.

    Your joint accounts, however, may be liable, should your fiance fall behind in his child support obligation.

    See question 
  • Elevate peaceful contact order to no-contact order / permanent restraining order

    I have a Peaceful Contact TRO against my ex-girlfriend. Is it possible to convert it to no-contact restraining order, or permanent restraining order (for 3-5 years) after court hearing/trial

    David’s Answer

    It sounds like you are asking if the outcome after a hearing could differ from the temporary orders issued upon an ex parte request. If so, then the answer is a resounding YES.

    On ex parte requests, the court often has only one side's story. They will err on the side of caution, both as to protecting endangered persons and safeguarding the other party's right to due process.

    At the hearing, there will be testimony and possibly other evidence, and the outcome can easily differ from the ex parte orders.

    See question 
  • How can I get my items back after the engagement is over?

    My engagement ended last year. I had trusted this woman with money, jewelry, cars, and my valuable items. When we broke it off, She refused to return anything back to me. Including my personal documents such as my passport. this wo...

    David’s Answer

    • Selected as best answer

    It sounds as though you have a civil lawsuit in your future. Google "conversion."

    (I'll change the category for you.)

    See question