Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Tobie B. Waxman
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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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.

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

2 Answers | Asked in Child Custody and Family Law for California on
Q: Is it legal for my ex-husband to refuse and deny me to see my kids because he doesn't like where I live.

My kids are 13 and 10 there's no custody arrangement him and I are still legally married and I also have a protective order on him and he's pretty much telling me that I can't be a part of my kids life unless I move where he wants me to move or move in with him I have a protective... View More

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

In the absence of any court orders, you and the other parent can pretty much do whatever you want and live wherever you want. If you want to get control over the situation you will need to file for divorce and concurrently file a request for order to get interim custody and support orders in place.

View More Answers

4 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for California on
Q: How do I provide ex's lawyer legal grounds for issues - negotiating a divorce settlement - Im not a lawyer

Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More

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

You ex has an attorney. So should you. "California is a 50/50 state" is not a correct statement of the law and the fact that California is a community property state won't necessarily explain how the assets and debts should be divided. A factual ground for why something may or may... View More

View More Answers

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Due dates in respect to hearing on demurrer, when motion for leave to file amended complaint is needed. California.

In California Superior Court. Defendant responded to Plaintiff's Complaint with Demurrer and Motion to Strike,

requesting the Court not to allow plaintiff to amend complaint. Hearing on demurrer/motion to strike is scheduled.

In such situation:

What is deadline for... View More

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

In such a situation, you would oppose the demurrer and motion to strike and ask that in the alternative, if the court is inclined to grant (aka "sustain") the demurrer that the court give you leave to file an amended complaint. You do not need to file a separate motion asking for leave... View More

View More Answers

2 Answers | Asked in Family Law for California on
Q: Does the same judge decide about the finances as the custody in a family law case

Another question is it easy or impossible to fire a temp judge even after he has .ade two judgements

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

I notice your question is posting from Nevada. In California, the case is assigned to a specific courtroom. The case stays there for all purposes and with the same judge assigned to that courtroom. The same judge will decide all issues pertaining to your filed family law case. No, you cannot... View More

View More Answers

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for California on
Q: Ok, just how much does interest percentage of an inherited home does a divorcing spouse own after a short 6 years...

The wife made no payments or contributions during the 6 year marriage. The house was 100% inherited during the marriage but there was a refinance due to owing half the value to a sibling after parents died. House was in a living trust and the money for buyout was deposited into the trust, so the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 27, 2023

The community's interest in this property results from mortgage payments made DURING the marriage. The community acquires an interest in the property when the community makes the mortgage payments. If mortgage payments you made after you inherited the property, came from your earnings during... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What happens after a financial statement is filed by petitioner does he have to serve me to get a court date custody kid

For child custody parental determination

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 14, 2023

If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in... View More

2 Answers | Asked in Family Law and Child Support for California on
Q: What qualifies as proof of daycare?

Co-parent is saying that her mother is increasing her rates for daycare, we currently split daycare costs down the middle. It's not an official daycare it's at her house where co parent and child both live.

I have asked her for proof or something but she said that her mom just... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 13, 2023

1) I would agree that if no-cost daycare is available, that's what should be used; 2) proof of the cost of daycare can be provided in the form of receipts or bank statements showing the amount paid to the daycare provider. The cost of daycare would not be an "add on" if it is free... View More

View More Answers

2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I move out of state with my children if I have a custody agreement in that state (I have full physical custody)

I have full physical custody of my 2 children but am planning to move out of CA to TN in 6 months. My ex and I share joint legal custody and they have a visitation schedule of one weekend a month plus certain holidays. What legal provisions do I need to take to ensure a smooth moving process. I... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 8, 2023

If you are referring to actual court orders (as opposed to an informal written agreement between you and the other parent), you would need a court order modifying your existing custody orders so that you can "move away" with the minor child. You can do this by filing a motion, or by... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.