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David Alexander Yomtov

David Yomtov’s Answers

2,098 total

  • I live in California. My sons mother wants to move out-of-state to Las Vegas and take my son away. Is there anything I can do to

    I have been in my sons life since the day he was born I care for him I provide for him he's my world. Is there way that I can keep my son here in California with me.

    David’s Answer

    Yes, there is. You need to file a Petition to Establish Custody right away, and get her served ASAP. Then she will be under court orders not to relocate the child without either your consent or a court order. (For her to get a court order, she'd then have to file her own papers and you'd have a chance to present your side.)

    Recommend that you consult with an attorney real soon to get some more specific guidance.

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  • What is "FL Decl Of Residence" imply in California? Unless served, will the date of filing affect judgement?

    NOTE - Parties in different states. Both filed for divorce in different times. -Subject A filed "Fl Decl Of Residence", Summons and dissolution of marriage filed by a spouse in February 2015; no ruling yet. - Subject B filed in Oct 20...

    David’s Answer

    So many questions, and yet it's not clear what you are asking.

    a) The Decl. of Residence is a County of Santa Clara form, which merely determines which courthouse your case will be assigned to.

    b) Date of Judgment is, strictly meaning, the date that your eventual judgment is filed with the court. If you mean "date when marital status can be terminated," well that hinges upon the date that the Summons and Petition were served on the Respondent.

    c) If you have two different cases going on, in two different states, then you really need to consult with an attorney since there may be fundamental jurisdictional questions in your case. You've now got two judges theoretically assigned (in two different states) to decide the outcome of your case(s).

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  • As petitioner, can I change locks on house and close joint account prior to response after initial filing for divorce?

    Please advise... Things are becoming increasingly unstable since I filed for divorce. He moved out the next day after being served. He has been back a few times when I was not home and took some things from our home which could be considered c...

    David’s Answer

    If he has, in fact, moved out, then your positions have changed relative to the house. If this is a house that you own (or are buying), then he still retains his rights to the property *as an asset,* but this is now more like the rights of a landlord since he no longer *lives* there. And, like a landlord, he cannot come traipsing on in without permission.

    Of course, during this initial phase of your divorce, this may not have been clear to him, and understandably so since many of his possessions are likely still in the house, so, unless he took more than his half share of the money in that account, a contempt citation may be a bit of overkill in this case.

    So, as the sole (adult) resident of the house you may change the locks if you see fit, but keep in mind that you will still need to cooperation and coordinate with your STBX with regard to recovering items of personal property (subject to agreement or, absent an agreement, then court order).

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  • My husband & I have been separated for nearly 2 years with no paperwork filed. We have 2 kids. I want spousal and child support

    During our separation we have been living separately. Husband has not contributed anything to child support and the kids are with me. Will the 2 year separation have any affect on my request for child or spousal support? If so, how so? Isn't spous...

    David’s Answer

    Child support is a benefit for the children, and your separation will not affect it. But you'll need to file a case and a request for support orders (i.e. a motion for support).

    You can ask for spousal support, but Mr. Couture's point is a good one. You may have to show that your failure to get temporary spousal support for the last two years created a giant hardship for you. Permanent (as compared to temporary) spousal support may include the marital standard of living as one of the many factored that must be considered, but keep in mind that families *rarely* maintain their marital standard of living after splitting up into two homes.

    Consider consulting with a local, experienced family law attorney to get some solid advice based upon your particular situation.

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  • I need a divorce. We been having issues for a long time. We had discussed about it for a while. I want a noncontested divorce

    I need a quick divorce. Anyone know where in the United States I can get home the quickest without having to be a residence there??? My husband and I have issues and by now I am agreeing to a non contested divorce. I need a very experience lawye...

    David’s Answer

    I'm pretty sure that any state would require at least one of you to have lived there before allowing you to file for a divorce there. (Even Nevada requires residence for six weeks.)

    If the two of you have little in the way of assets, have no minor children together, and do not owe too much in taxes, then you may qualify for a Summary Dissolution of your marriage. This is a single-form Petition that you both sign. It saves $435 in the Responsive filing fee. Here's where you can get this form, and others:

    You would then submit a signed, proposed judgment detailing your terms of settlement. The court would then (most likely) sign it and make it your Judgment.

    The court has a Self Help Clinic, and it's free. It's also popular, so you have to get there early. Here's a link to their website:

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  • Can a divorce response be mailed in or submitted to the clerk's' office from the other party?

    My Spouce and I have a legal agreement. It's hard for her to be off work to hand deliver a response to the court house. Can I submit the response form (fl120) on her behalf if we have it notified?

    David’s Answer

    Yes, of course, the Clerk of Court will accept documents by mail. Your spouse should enclose an extra copy and a self-addressed, stamped envelope, so that he/she can receive a file-endorsed copy back.

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  • In California, is there a spousal support calculator for the support that comes after the divorce is final?

    In California do the courts use a calculator to calculate spousal support for after the divorce is final? or is it just a series of factors? Is there some way to estimate? Mu husband makes 75k per year gross and I make $16,800 per year gross.

    David’s Answer

    Here is the code section that the other attorneys are referring to:

    It's a pretty extensive list, although not every factor comes into play in every case.

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  • How to get court to order payment of unpaid temporary spousal support?

    I have a pending divorce and an order for temporary spousal support. I did not have his wages garnished during the first year. My husband underpaid the support over that year totaling $6000 in unpaid support. What do I file with the court to ge...

    David’s Answer

    I agree with Mr. Burns. Before you can collect on arrears, you need the court to establish that there are any arrears, and how much.

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  • 6 year marriage. I work only a little due to cancer complications.. Please see below regarding spousal support.

    I know I can get the judge to order more than 3 years of spousal support for our 6 year marriage because I can only work a couple hours a day due to pain from cancer treatment. How much beyond the 3 years should I ask for? I will never get bett...

    David’s Answer

    The judge will very likely ask you if you have applied for Social Security Disability benefits, or even state disability benefits, and if the judge doesn't you can expect the other side to ask.

    Qualifying for disability benefits (especially Soc.Sec.) go a long way toward proving the disability, since those govt agencies are better equipped to judge the extent of someone's disability than is the Family Court.

    Furthermore, applying for the benefits shows the court that you are not simply looking to your spouse, but are making efforts to support yourself, which is required by California law (to the extent that you do so, of course).

    Yes, disability benefits will factor in to your support calculation, but if you don't do this than any request to extend your support may very well be denied.

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  • Domestic Violence Temporary Restraining order.

    my estranged wife filed for an ex parte TRO which was partially granted according to the San Mateo Open Access system. No police charges are filed against me, its just her basically wanting no communication with me. I have not yet been served, ...

    David’s Answer

    If she goes to court and you are not there, and she tells the court that you have not, yet, been served, then the court will re-issue the temporary orders and re-schedule the hearing.

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