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David Alexander Yomtov
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David Yomtov’s Answers

2,173 total


  • Going to jail and leaving my child in GF's care. What legal documents should I have written up?

    I'm going to be sentenced to jail time later this month (4 months, but have time served, so maybe 2 months). I have a 4 year old child who I have custody of (I'm her mother. The father has never been in the picture). My girlfriend (who I've liv...

    David’s Answer

    For this purpose, a notarized letter from you authorizing her to care for your child, pick her up from school, and get her medical care should probably work. Were you to be in custody for much longer, though, or should your GF get any push-back, I would recommend that your GF file for a guardianship.

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  • Can I keep from my son

    288c person is around my child he 9 should I be worry

    David’s Answer

    Without knowing more about the crime for which they were convicted, it is hard to say. Many people are convicted for this crime for having a girlfriend or boyfriend who is 16 or 17, which is not exactly the same as pedophilia.

    But it never hurts to keep an eye on your children.

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  • My question is twofold; Will the gifted money be community property, and if so what documents need to be shown to document this?

    I'm in the process of going through divorce and have a question related to community property. We have purchased several homes over the course of our marriage and my parents have gifted money to me to help purchase the respective homes over the ...

    David’s Answer

    This is not really a "legal question," but a request for analysis of your situation and how best to analyze it and present it in court.

    Theis analysis is entirely dependent upon the specific facts of these gifts and the intentions of the donors (your parents).

    You really should consult with an experienced Family Law attorney, so that you can have a meaningful discussion and review of the history and facts in YOUR case.

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  • How do I secure the retirement fund? Is divorce the only way to get fund transferred to me? Does separation have the same power?

    I am afraid that I may loose my fair share of my husband's IRA after 30 some years of marriage. Since change of beneficiary and fund transfer can be made with out my consent.

    David’s Answer

    As far as I know, if you are still married, then he cannot change the beneficiary of his IRA without your signing a waiver form, consenting to this change.

    If you have a case for dissolution of your marriage (divorce) or for legal separation, then you can address the ownership of the IRA, and possibly divide it.

    Since your situation is not really clear from your description, it's hard to say what's your best course of action. You may benefit from a fifteen minute consultation with a Family Law attorney. Maybe you should call the Santa Clara County Bar Association's Lawyer Referral Service to schedule a meeting.

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  • Where to get help with my 15 years old son running away from home

    Hi, my 15 years old son run at home on January 16 2016 and i report him as missing person by calling 911 so the situation was like this he starts smoking marijuana and i talk to him several time and we do notified school and he had some class for ...

    David’s Answer

    I agree with Mr. Burgess and Mr. Klett.

    If you know your son's friends, and especially if you know your son's friends' parents, you may want to reach out to them to see if they have heard anything. The odds are good that your son is crashing at a friend's house.

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  • Is the statement the judge made before petition was found true suggesting unfair trial?

    Judge says on record that the court will not release a child to the custody of people who use drugs. this was said at the jurisdiction/disposition report hearing. the next hearing that took place was an EARLY RESOLUTION CONFERENCE, a trial hearing...

    David’s Answer

    It sounds like your case is in Juvenile Dependency Court. The petition has been found to be true, which means that the court believes the allegations contained in the petition. Therefore, you need to comply with all court orders and avail yourself of ALL services offered by the social workers in your case.

    The stakes are high in Juvenile Dependency Court, since the court has the power to permanently removed your children, should you fail to earn the court's trust. If you can afford counsel, it would be a great idea to get legal assistance. If you cannot afford counsel, tell the court and they can appoint an attorney for you.

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  • Must I factor in my vested restricted stock units in a Smith-Ostler calculation of bonus spousal support income? How?

    My ex husband knows about my vested restricted stock units and is trying to lower my spousal support award and is trying to collect on me instead. How do I fight this?

    David’s Answer

    You consult with an attorney, that's how, where you can have an actual conversation about your situation.

    You aren't really asking a legal question - you're asking for legal advice.

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  • Requesting for a DNA test

    I'm married and have filed for divorce in Dec. My baby is due today. Since our baby is born while we are still legally married, the father will automatically ( I will write his name as the father ) be on the birth certificate, is this correct? ...

    David’s Answer

    If he really wants DNA tests, he has two years from the baby's birth to do it (legally). So tell him to back off and breathe, so that you can have a safe delivery.

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  • How do I go about having the points mentioned in the description in a pre-nup?

    Hi, I am a divorcee and am now ready to marry the second time. This time I want to have a pre-nip. My girl friend is on the same page on this with me. We both are well qualified and doing well in our professions. (1) The pre-nip needs to be a s...

    David’s Answer

    Everything that you mention is very doable, except for where it has to do with any children.

    Custody decisions are made based upon the child's best interest at the time that the issue is being discussed, and obviously, one cannot anticipate the best interest or needs of a child who hasn't been born, yet. There are far too many variables to parenting and child rearing to be amenable to prearranging custody arrangements.

    Also, should it come to that, the parents do not hold the right to claim child support, as this belongs to the child, and so one cannot "waive" child support at any time while the child is a minor. Child support is determined based upon several factors and, frankly, the court is required to follow that "guideline." Parents can agree to "non-guideline" child support, but only after determining what the guideline would be. In fact, the guideline support calculation needs to be incorporated into any such non-guideline agreement, or the court will not sign off on it.

    You will both need to have attorneys, by the way, if you want this to hold up in court, and you'll need to allow sufficient time to keep the agreement from being potentially voidable.

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  • Is cashed stock considered in the new spouse's income on the dissomaster?

    On the CA dissomaster calculations, is stock that has been cashed to be considered income for the new spouse? The ex is claiming that her husband is cashing in stock on an annual basis and that his income should be based on that…this comes out to ...

    David’s Answer

    The question would is very fact-dependent, I believe, and not subject to a "one-size-fits-all" type answer. You should meet with an attorney to review any court orders, the type of employment involved, the pattern of stock sales (options vs. sold assets, vs. ?)

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