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5 Answers | Asked in Family Law for California on
Q: I signed a retainer agreement and paid the retainer fee. The attorney never signed the retainer

The case was very short, he spent the retainer and says I still owe him a lot of money.

California law is he entitled to more payments if he did not sign the retainer agreement?

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 24, 2024

Review the invoices. If the work done was legitimate and necessary to your case, then yes, you should pay the invoices. The fact that your attorney may not have signed the retainer agreement you signed does not mean you are no longer obligated to pay for his/her services. If the fees were... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: family court case can i write a letter to the judge regarding the current case?
Tobie B. Waxman
Tobie B. Waxman
answered on Sep 29, 2024

No one will read it. Unless there is a pending hearing, anything you file with the court will get stuck in the case file and no one will see it, read it, or consider it. If you have a hearing pending, the best way to get information to the judge that is relevant to that hearing is by way of... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: substitution of attorney

My attorney sent me substitution of attorney form which I signed. It has been 1 week and she has not returned the stamped copy to me. Also, she has not returned my file to me. They are telling me the form has not been returned from court yet. Does it take so long to get the form from the court?... View More

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

Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for... View More

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4 Answers | Asked in Child Support, Child Custody and Family Law for California on
Q: No custody. Child support order changed to 0$. The grandpa of mother now has custody and is asking for child support.

in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More

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

Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How long will it take for me to received child and spouse support after I request a court order?

I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More

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

If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: A close friend of mine has been wanting to get a divorce from her spouse for the past two years now.

He hasn't been cooperative or responsive in any way ever since they separated. She cheated on her, abandoned her, and cut any type of communication with her. He even started living with the person he cheated on her with. So far, she has been trying to get the divorce started by filling out the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

I don't understand the problem. She doesn't need his cooperation. What paperwork did she send to him that she believes he has to fill out for her to proceed with a divorce. Sounds like a lot of misunderstanding about how the process works. California is a no-fault state. If she wants... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: married 23 yrs and lived apart 10 after dv case but reconciled but continued to live apart spousal support still option

Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: [DISCOVERY] Sanctions for Lack of Meet and Confer Before Filing Motion to Compel

In family law (LA County), my ex’s attorney sent me 25 questions, followed by 35 more questions 10 days later. I requested a 20-day extension for the second set, but she refused. I tried to personally serve the first set 3 days before the deadline according to her instruction, but she was not in... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 9, 2024

There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 18, 2024

Immediately file an objection to the proposed FOAH and specify in your objection, the grounds for the objection. Be very clear. Attach a copy of the minute order to your objection (assuming the minute order is different from the proposed FOAH). Since the FOAH has already been signed by the... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I would like to change my children's last name and file for sole custody due to parent abandonment.

The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More

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

"I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect" - filing a petition for custody and support, without filing anything else, will not result in you getting any court orders. Your case may still be open.... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Court order for child's screen time/sleep due to co-parent's smartphone addiction?

We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More

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

There is no "device" you can use to monitor the child's sleep. You can get court orders however regarding a 4-year-old's use of a smart phone all together, regarding bedtime, and regarding bedtime routines, and regarding time spent on the smart phone whether playing games or... View More

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2 Answers | Asked in Family Law for California on
Q: Can I leave the state of California with my kid when there’s no custody agreement or restraining order
Tobie B. Waxman
Tobie B. Waxman
answered on Jun 16, 2024

Technically, yes. The question is, should you? Is this for a vacation with plans to return? Or are you talking about moving out of state with the child? If you are talking about relocating, moving without the other parent's consent and without a court order allowing you to do so, could... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: If my spouse didn’t respond after being served can I continue the process

What my next step if my spouse hasn’t responded to the divorce paperwork

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

If it's been more than 30 days since spouse was served and he/she has not served or filed their response to the Petition, you can proceed with a Request to Enter Default. Once default has been entered you can proceed to the next step (financial disclosures), then to judgment (unless trial is... View More

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2 Answers | Asked in Family Law and Child Support for California on
Q: Under Ca law must a parent still pay support for an adult child with disabilities if that adult child moves out of state
Tobie B. Waxman
Tobie B. Waxman
answered on Jun 6, 2024

Whether or not a parent must pay support for an adult child depends entirely on what your court orders say. If there is no court order extending support for the minor past his/her reaching the age of majority and graduating from high school, then there is no legal obligation to pay support

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2 Answers | Asked in Divorce and Family Law for California on
Q: I’ve been married 27 years how many years of Alimony can I receive?

I was a stay at home mom for 6 years, then working only a few hours a day for 13 years due to caring for my children. My spouse makes almost triple what I make.

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 4, 2024

Every case is different. Generally speaking, a marriage of 27 years is considered "long term" and therefore, potentially, alimony, if ordered, will not have an end date. For more information regarding what goes into the court's decisions regarding alimony (whether to award, in what... View More

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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

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

If the responses are unverified it's as if there were no responses at all, so you should/could keep your motion to compel on calendar. If he/she opposes your motion, you should attach a copy of the unverified objections, only responses as an exhibit to your Reply. You can also err on the... View More

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5 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Will any attorneys in California take cases for retained foreign objects?

I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 29, 2024

Yes, I'm sure there are plenty of attorneys willing to take a retained foreign body case. The problem with these cases however is that sometimes leaving behind a metal object, such as a surgical clip or staple, is intentional and not the result of negligence. i.e. sometimes leaving in a clip... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My wife and I are starting a divorce, I took her off of my credit cards as an authorized user before she filed.

Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 28, 2024

Get ahead of it. File your Response to the petition and file a Request for Order to get support orders in place and court orders that limit her use of credit cards or enable you to either close out joint cards or keep one open for her use (just by way of example). Allowing unfettered access to... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

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

Don't take the law into your own hands. If the current custody orders are not in your child's best interests then file a Request for Order to get them modified. If you think your child is in imminent threat of harm or there is an imminent threat to her health, safety or welfare, you can... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: What can I do if I'm not able to locate my husband I know a state he was in but he keeps going from state to state
Tobie B. Waxman
Tobie B. Waxman
answered on May 25, 2024

If this is for purposes of locating him so you can serve him with a Petition for Dissolution, find out his last known legal address, documents all efforts you have made to find him, and then file a motion with the court to get permission to have him served by publication. Otherwise, hire a PI.

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