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Questions Answered by Tobie B. Waxman
2 Answers | Asked in Divorce for California on
Q: Is it possible to get married abroad twice if the divorce only happens in your home country ?

If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 8, 2024

The location of the marriage is irrelevant. The location of the divorce is irrelevant. As long as you have a valid divorce, you can remarry anywhere you want. A valid divorce outside of California will be considered valid in California. A valid marriage abroad is considered valid in California.

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2 Answers | Asked in Divorce for California on
Q: My husband and I took a 6 month break from our divorce bcuz my parents died. We had our 3yrs Can date ?

my divorce paper work is based on a 2 year marriage from hell . my parents died and we put the divorce on hold August-Feb 2024 we celebrated our 3rd wedding anniversary. Can I change the separation date?

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 6, 2024

You took a break from your divorce proceedings, but that doesn't mean you reconciled. Did you? Your date of separation remains as stated in your original petition for dissolution unless you are saying here that you reconciled and then decided again to divorce. In that case, you can file an... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 6, 2024

It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the... View More

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2 Answers | Asked in Family Law for California on
Q: How can I get a pro bo lawyer on alimony with documents I already got with wage garnishment and pass due owed to me

From 2021 to current did with a paralegal and was denied due to Good Morning, the documents were rejected stating there needs to be "specific orders regarding spousal support in order to be processed" it says the "body of your current order does not specify as to spousal support but... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 3, 2024

Instead of getting a pro bono lawyer you could file a motion with the court asking for a court order that the other party pay your legal fees or at least contribute to them. Otherwise, pro bono services may be provided by your local Legal Aid Foundation. You can also do a search within your... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: What is due date, if any, to respond to defendant's request for authorization

What is due date, if any, to respond to defendant's request for authorization to release medical records?

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 2, 2024

Usually, the request that you sign an authorization to release your records comes with its own stated deadline. Otherwise, I would assume you have 30 days. If you don't sign the authorization, they will subpoena your records anyway. Assuming this is your lawsuit (i.e. you filed a complaint... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: If filed for divorce, been separated for 8 years and financials will take time, can one party refuse bifurcation?

Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 27, 2024

Motions of any kind can be opposed. It's very difficult however, and rare that an opposing party can come up with a valid justification for opposing a motion to bifurcate. CA is a no fault state. If someone wants a divorce they can have one.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex filed "RFO Change of Venue" within LA County (Torrance to Van Nuys Court)

I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 26, 2024

She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.

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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 19, 2024

Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Is there a legal recourse to compel my ex to comply with the court order for alimony and past due payments?

My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 3, 2024

He has a job. You have a court order. Get a Wage Garnishment and serve it on his employer. Support will then be deducted from his wages and paid directly to you. For the arrears you can file a motion to have the amount of arrears established and then include that in the wage garnishment. The... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: If my husband bought our house with his money but we have both been on title do I get half if divorced? 10 year union

Proceeds from his house sale after we were married

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 1, 2024

It's not about whose name is on title. If the property was purchased during the marriage, it is community property. When you say he purchased it with his money - what does that mean? If "his money" is money he earned during the marriage, then it is community property. If... View More

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3 Answers | Asked in Family Law for California on
Q: Serving supplemental declaration and income and expenses documents

My ex was told he would be sanctioned if he didn’t file court documents prior to court hearing. The only reason I found out that he did file paperwork with the court was because I logged in into court search records but otherwise I haven’t received anything through mail like he states he served... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 20, 2024

Yes, he has to serve you with everything and anything he files with the court. He also needs to provide (file) proof of that service. If he's claiming to have served you (i.e. he filed a proof of service) at the time of the hearing you can tell the court that you did not receive what he... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: I got a legal separation dated Aug 2020. In the separation judgement I was to get half of everything.

As of to date I have received 0. How to I go about collecting what I was granted by the courts?

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 14, 2024

Your judgment should say how the assets will be divided. I don't mean "you get half". I mean, HOW you get half. i.e. whether an equalization payment is owed to you, or whether a physical item of personal property is supposed to be given to you, whether you need a QDRO to divide up... View More

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3 Answers | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I have been living separately from my husband for over 10 years due to DV. If I file for divorce does he get alimony?

I got a restraining order when I fled domestic violence 10 years ago, but never filed for divorce because it was too stressful. I just got a large insurance pay out and he says he is entitled to half, I haven’t seen him in 10 years. Is this true because we have been leagally married this whole... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 12, 2024

Probably not. The passage of time without him receiving financial support from you is relevant to whether he needs it now -- 10 years later. It is unlikely the court would grant such a request from him if he made one after you file for divorce.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can I Bring an Attorney to an RFO Custody Mediation Meeting?

I have filed a Request for Order (RFO) for custody modification in Los Angeles County.

Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.

If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 1, 2024

Anytime someone files a RFO related to custody, the court automatically schedules a mediation. This is a free service provided by the LA superior court. The parties attend WITHOUT legal counsel. Parties are not permitted to bring an attorney with them to these mediations. You of course are free... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: In California Superior court, for motion for leave to amend complaint pursuant to CCP section 473(a)(1).

Hearing on Demurrer and Motion to Strike is scheduled by the Defendant, with request not allow Amended Complaint. Defendant informed Plaintiff that Plaintiff will have to ask Court for leave to amend complaint.

Should Plaintiff schedule hearing on Motion for leave to file the Amended... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 17, 2024

Defendants file demurrers. It's what they do. In every demurrer, Defendants will ask that the demurrer be sustained without leave to amend. It's what they do. When you respond to the demurrer (i.e. file your opposition), you ask for leave to amend. Meaning, you oppose the demurrer on... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: My ex says he's moving to Spain. He wants to take my older daughter and not the younger one. What should I do?

I don't want the kids to be split up, I want them to grow up together. My eldest just turned 13 and likes the idea of living in Spain, but I don't think she fully understands what it means to go live far away from her sister and her mother, indefinitely. I don't mind if my ex moves... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 16, 2024

He can't just move to Spain with one of your children. If he wants to relocate and to take one or more of your children with him, he will need a court order allowing him to do so. He'll need to seek an order modifying existing custody orders to include a move-away request. Before such... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I put my child in school if her father refuses [50/50 joint custody]?

I am in a 50/50 joint custody situation & I am the primary caregiver. My child just turned six last month and I have been concerned about her education for quite some time. Her father has no interest in putting her in school or having her enter a homeschooling program. She has had no... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 16, 2024

You refer to a custody agreement, but do you have actual court orders regarding custody? If not, get them. If you do have court orders, you orders should include instructions on what happens when the parties cannot reach an agreement. You cannot keep your child out of school simply because you... View More

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3 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can I get a restraining order for my ex if he verbally harrasses me and through texts? Also doesn't help financially
Tobie B. Waxman
Tobie B. Waxman
answered on Jan 16, 2024

Domestic violence comes in all shapes and sizes. Persistent harassing phone calls, text message and emails can form the basis for a request for a restraining order - depending on the circumstances unique to your case. His failure to help out financially however, is not something you can... View More

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2 Answers | Asked in Divorce, Family Law and Child Support for California on
Q: Is $75 a month for a 7yr okay?

Dad only picks up every other weekend Friday-Sunday. Our daughter resides with me (mom) the rest of the days and weeks.

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 13, 2024

Do you mean $75/month for child support? Without further information it is not possible to answer this question. Child support is calculated using an algebraic formula that factors in each party's income, certain deductions, the child's age and the percentage of time each parent has... View More

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2 Answers | Asked in Family Law for California on
Q: Can partner leave & enforce even if no cheating occurs? Does this make possible for him to claim my assets if I die?

16y non married couple with 1 child all assets in my name no joint accounts partner wants me to agree that if I get caught cheating I will split all assets evenly as if married so if I sign an agreement stating that if I cheat he has rights to half my assets it’s not enforceable?

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 10, 2024

Your non marital relationship does not bestow any legal rights on either party to the other party's property. California does not recognize Common Law marriage. You two can enter into a co-habitation agreement if you want to (much like a prenup or post nuptial agreement), but you cannot be... View More

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