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David Alexander Yomtov

David Yomtov’s Answers

2,080 total

  • Yes I was divorced on may 13 this year. the finalized documents said that a QDRO was supposed to happen in 2 weeks

    the lawyer that represented me dropped the ball on this because my ex didn't pay enough of her fees in the settlement and I don't know what to do he has not paid alimony in 2 months and all the other settlement funds were sent to my ex attorney bu...

    David’s Answer

    Well, your ex will have NO access to that 401(k) or whatever until the QDRO is finalized. Your ex may not realize that.

    You should meet with an attorney to see what can be done.... Sorry....

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  • Can I lose custody and visitation if I cannot afford to attend co-parent counseling?

    As part of our parenting plan, we were ordered to attend a specific number of co-parent sessions separately which after being a stay at home parent for a number of years has made it difficult rejoining the workforce and thus leaving me financially...

    David’s Answer

    Many therapists will take a sliding scale, so as about that. Also, you might ask the court to order the other parent to chip in on that cost.

    Query: Why are you not receiving child and possibly spousal support?

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  • Do family court judges consider telephonic harassment and intimidation without police records if other proof provided?

    I'm being emotionally and verbally abused by my ex. I don't know if I need police reports documenting these things as everything is on my phone. Worse, they just filed a restraining order against me saying that I was stalking them by driving past...

    David’s Answer

    I agree with Mr. Finnecy; you are being abused, here.Here's a link to the Court's Self-Help Center (, where they can help you put your thoughts and experiences in writing for the judge to see.

    Yes, judges listed to and read evidence like your phone data all of the time. In fact, police reports are usually NOT admissible, as most people forget to subpoena the police officer into court to authenticate their report.

    You don't say what the nature of your relationship with your ex is, but if you are/were married, then liquidating all of the accounts is something that you can do something about it court. In fact, even if you weren't married, if you can prove that they money (or some of it) was yours, then the judge would likely want to hear about that.

    Finally, if you were/are married and/or have a child together, you may ask the court to order the ex to pay some (or all) of your legal fees.

    See if you can get a free consultation with an experienced Family Law attorney to learn about your rights and risks, and possibly to formulate a plan of action.

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  • Husband and wife brought property in 1988 time it had said on deed as husband and wife community . no survivship on it .

    if husband and wife as community property, he die in other state and the wife and his child live in ca. his brother file his will in alabama said all my husband asset belong to his brother not thing to his wife and child. now his interst ...

    David’s Answer

    • Selected as best answer

    It is not easy to follow your question, but it sounds like your husband died leaving you your community property house in California, and that your deceased husband's family thinks that they should receive the house.

    Alabama law does not control how a house is California is held, especially not when one of the owners (you) continues to live in California. Under California law, this house is presumptively community property. If your husband left his share of the house to others in his will, then they only get his half interest. But if he died without a will, then the house will go to you, his spouse.

    You absolutely need to consult with an attorney in California to learn about - and protect - your rights. Do it before the court in Alabama makes a mistake.

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  • Parent with history of controlling behavior and emotional abuse. Should I request a custody evaluation?

    I have a DVRO against my ex (no significant physical violence to me- mainly throwing things and emotional/verbal abuse). We left the kids out of the DVRO hoping he wouldn't display those more violent behaviors around them. Initially I had primary ...

    David’s Answer

    Consider proposing Co-Parent Counseling, where you can discuss your concerns with dad in a safe environment with a mental health worker (e.g. a social worker or therapist) to help you get through to him.

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  • Is there a way to request a retrial at the Santa Clara Superior Family Court or submit a pleading to correct the court order?

    I recently had a short trial for child support. The other party did not disclose additional income of $1,500/month that I have evidence of. In addition, the judge did not state in the order that they denied or agreed to the change in payment to ...

    David’s Answer

    • Selected as best answer

    If you discovered this evidence after the hearing, then file a motion for reconsideration on the grounds that you have newly-discovered evidence that had been withheld by the other party in court. You can cite Code of Civil Procedure section 473, and also Fam. Code section 2122. (But I suggest that you google them and actually read them, and not just refer to them.)

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  • My ex is court-ordered through DCSS to pay me 50% of reasonable uninsured healthcare costs. How can I bill him for this?

    He pays me child support through DCSS, but I do not know his address or contact information in order to request payment for my out of pocket healthcare costs for our child. DCSS had to track him down for me in order to get the court order for supp...

    David’s Answer

    This form may have been attached to your order, that's what it was created for: Even if it isn't attached to your orders, I suggest that you follow these procedures, as this form merely restates the Family Codes required procedures.

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  • Can he prevent me from moving?

    I currently have sole custody of my son from my separated husband. I moved with my son to Ca due to abuse. I believe my lawyer applied for separation last year because I couldn't apply for divorce yet because I was not considered a resident of Ca....

    David’s Answer

    Your husband, whether you are separated or not, cannot control where you live, nor can he control with whom you live. You are a free adult, not a child or a slave. In fact, the court cannot restrict where you live or with whom you live, either, for the same reasons.

    Your husband and the court DO have a say, however, in where your son lives.

    But if you have a court order granting you primary custody of your son, and your intended move will not seriously reduce or impact on the father/son relationship (i.e. visitation and other contact), then the court will most likely allow you to take your son with you.

    You say you wish to move to Michigan "because it will be closer to my husband, living cost are inexpensive and traveling will be inexpensive." These all sound like sane and reasonable explanations, and it sounds like your son's contact with his father would potentially increase, not decrease. This, too, would help justify your right to move with your son.

    You may want to file a Request for Orders asking for the court's permission to relocate with your son, so that you do not violate and standard orders (ATROs).

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  • I filed for divorce from my husband with whom I have 1 daughter who is 9. I left with my daughter the house that we lived in

    with my husband. My husband and I hired attorneys and we have been in court for over a year. I work and my husband told me that he was to send and he does send me $1000/ month for our daughter’s expenses. My husband takes our daughter every weeken...

    David’s Answer

    You are entitled to a second opinion, but you cannot really receive one here. All you can get here are answers to generic, non-case-specific questions.

    If you want to know whether you have the RIGHT to waive your claims, that's generic enough that I'd tell you that you may do that, if you wish, but ONLY if you have made this decision knowingly, intelligently, and voluntarily. If your lawyers is advising you not to do this, then this is the "knowing and intelligent" part of the equation. It is your life, after all, and your lawyer's job is to advise you, not to run your life.

    But as for the second opinions, you have no choice but to schedule an actual appointment with an attorney where you would bring your legal file and go over what is at stake and what you stand to gain from waiving your claims. This is the only way that an attorney could possibly form a coherent "second opinion."

    (For what it's worth, I have had plenty of clients walk away from assets or support rights of significant value. I have always made sure that they made an educated decision, and then allowed them to make their own life choices.)

    By the way, I am re-categorizing this question, since it really has nothing to do with child support. You may have agreed to support based upon erroneous income levels, but that problem is always fixable, and your REAL question has to do with waiving your rights to property, including a house.

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  • Can I be held accountable if my kids mom isn't cashing the child support checks I send?

    Checks are void after 120 days per bank policy. My checks are automatically written through my bank (Wells Fargo) and mailed directly to her every month. This account is solely set up for child support. So I get an email from her asking if I can m...

    David’s Answer

    I can see how this may cause a problem, if you always assumed that your bank balance was yours to spend and did not realize that so many checks had been "on hold" like that.

    If the money is not sitting in your bank account, consider offering to pay the old support payments inversely to the delay in attempting to cash them. For example, let's assume that the most recent check was 120 old. Offer to (re)pay that one first, and then the next check (150 days old) will get re-issued in 30 days, the next older one (180 days old) will get reissued in 60 days.

    You might also consider opening a new checking account just for the support purposes, put the money in their, and only issue checks from that account. That way, you won't accidentally spend money that had been earmarked for support.

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