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Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Family Law and Child Support for California on
Q: Refers to Family Law - specifically determining child support obligations when parent are not married.

We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled)... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 24, 2023

child support is calculated using a formula mandated by law. https://childsupport.ca.gov/calculate-child-support/ Usually, with non married co-habitants, there is no obligation to pay "spousal" support. There are certain limited circumstances however, where some manner of support may be ordered.

3 Answers | Asked in Wrongful Death for California on
Q: How long once my demand for civil monetary settlement is agreed to by the defendent and accepted do I have to confirm it

Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 24, 2023

Your question is not clear. What kind of demand? A section 998 demand?

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1 Answer | Asked in Family Law for California on
Q: How does dissolution of relationship work when partners are not married?

Been together 20 years and have 2 children (ages 16 and 10). We've never been married. She has asked me to leave. The apartment is in her name and she claims the kids on her taxes.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 24, 2023

This question appears to have been posted from Arizona but is being seen by California attorneys. I can only speak to California law. If you are not married, no community property has been created subject to division, no right to spousal support or to any other rights that would have been... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: if i get served a demands for inspection through email from her lawyer, my sons mother, that has not been filed with the

There is a paternity test court hearing coming up on the 30th, i was also served a demands for inspection of documents for a child support judgment. Do i need to respond and give them 3 years of all my info, when the child might not even be mine? The response for the demands are due one week before... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 19, 2023

It’s not supposed to be filed with the court. Respond to it.

1 Answer | Asked in Child Custody for California on
Q: For a change of address and a family case for custody what is the procedure to contact everyone?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 18, 2023

There is a Judicial Council form you can use for that purpose. MC-040 You can find it on and download it from the Superior Court website.

1 Answer | Asked in Child Custody and Family Law for California on
Q: need to find a pro bono attorney to resolve issues re: violations of divorce agreement agreement

A divorced woman with children & shared custody has not worked during COVID and needs to find a pro bono attorney for LA County to resolve issues re: divorce/custody agreement.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 12, 2023

Try Harriett Buhai Center for Family Law; Legal Aid Foundation of Los Angeles; or Levitt & Quinn

1 Answer | Asked in Child Custody and Family Law for California on
Q: This is about family law… my parents are divorced and I am 17 years of age, I live with my mom but I want to leave at 18

She doesn’t want me to leave at 18 and she went to court today to try to get custody of me until I’m 19 can this happened?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 3, 2023

No. Once you are 18, you are an adult and free to live wherever you want. If she were to seek a modification of existing custody orders, she would need to file a motion and serve the other parent. Although, I cannot imagine on what grounds such a request would be granted. What she may be trying... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I transfer my child support case out of CA?

My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 27, 2022

I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How do I transfer my custody case from California to Florida?

My case was originally established in CA but I have now moved to FL and from what I am told need to have the case released from CA so that FL can accept it but no one will tell me how to do that, and I have searched CA court forms and I cannot find anything to transfer out of state, just to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 27, 2022

This is done by noticed motion. Meaning, you would need to file a Request for Order [form FL300] for change of venue. You file that motion in the jurisdiction where your case is currently. You provide the current court with information regarding where the case will be transferred if the motion... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: My divorce was as finalized in 2018 in Orange County,Ca...my ex was ordered to pay spousal support, equalization payment

And I got half of his 401k. To date, he has failed to comply with any request whatsoever to pay up.What can be done ? Unfortunately due to him not complying I am penniless. Please advise and thank you very much

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 20, 2022

To divide his 401K you need a QDRO (Qualified Domestic Relations Order). Once the Plan is served with a QDRO, they pay you your share. The payment does not come from your ex. For spousal support you can get paid by using an Income Withholding Order

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Is the mother of my child allowed to keep her away from me because she “needs time to heal”?

I haven’t seen my daughter in almost two months. The mother came to my house when my current girlfriend was present and caused a scene being violent and disturbing the peace. She hasn’t let me see my daughter since and refuses to work out a plan of visitation because she doesn’t want my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 20, 2022

Not much you can do without court orders. I'm assuming you have not filed a petition to establish the parental relationship (aka paternity), or a petition for custody orders? If you want something you can enforce, i.e. custody and visitation orders, you have to ask for them. You have to... Read more »

1 Answer | Asked in Child Custody for California on
Q: Do grandparents have custody rights first over non family member.?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 16, 2022

Need some kind of context here. Grandparents can seek visitation rights. But, it sounds like what you are asking about is guardianship; not custody or visitation. You should consult with an attorney directly and clarify your inquiry.

1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file for a divorce in California, even though I’m not a Californian resident (my spouse lives there).

My spouse and I got married in California in 2016, but I left the United States in the same year. We have not seen each other ever since, and agreed to have an uncontested divorce.

However, I was told by a paralegal in California that the petitioner of the divorce must be a resident of the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 13, 2022

The paralegal was incorrect. As long as one of the parties meets the residency requirements, you can file in California. You file in the county where he likewise meets the residency requirements. Hire local counsel to handle the case for you.

1 Answer | Asked in Divorce for California on
Q: I am not a lawyer, but I represent myself. Can emails exchanged between the other attorney and I be admissible in court?

California resident. The Case is filed and judged in California. I am not a lawyer, but due to finances have to represent myself.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 12, 2022

Communications between you and the other attorney are not confidential or privileged. Emails can be attached as exhibits to court documents. This is not the same thing as being "admissible". Before a piece of evidence can be admitted into evidence it must be authenticated.

1 Answer | Asked in Family Law for California on
Q: My husband was served divorced papers 2 years ago, would like to be guided with the process, nothing is done after that

Would like to know what’s the next thing be done I would like to continue the process

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 5, 2022

How can he be your husband while still married to someone else? If he needs an attorney, there is a directory on this site.

1 Answer | Asked in Divorce for California on
Q: I need steps to get a divorce the cost for a divorce how to go about getting my name off the house and truck loan.
Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 2, 2022

The Superior Court's website contains a self-help link which includes a list of the steps in a divorce. Otherwise, hire an attorney who will take those steps for you and on your behalf.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Ex husband has not seen our child in a year . He claims I won't allow him to see our child

He has not tried to arrange any visits . Our visitation order was from when child was a toddler so the visit hours are doing school time . I offered different hours but he does not show up . He also doesn't call him and doesn't check up on him. What should I do ?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 20, 2022

Why do you need to do anything? You have court orders and he doesn’t comply or try to accommodate your child’s changing schedule. Is there a motion or hearing pending? You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not... Read more »

2 Answers | Asked in Child Custody for California on
Q: What forms do I need to request a new order for custody and visitation
Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 14, 2022

To modify existing court orders or to obtain new orders, you would file a Request for Order (form FL300). The FL300 would be supported by a declaration (not a form) and assuming the modification you seek will impact child support, you will also need to fill out and file and serve a new Income... Read more »

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2 Answers | Asked in Family Law for California on
Q: Do the rules for filing a response to motion apply to motion for JOINDER in family law case California?

I have read that the party has 15 days to file a response to a motion in California courts but I'm not sure if it applies to the motion for JOINDER family law case.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 14, 2022

A motion is a motion. What would be your basis for opposing a joinder?

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2 Answers | Asked in Wrongful Death for California on
Q: So I should seek out a medical malpractice lawyer?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 31, 2022

If you suspect medical malpractice caused the death of a close relative, then you should consult with an attorney to determine whether your claim is viable and regarding your rights. Note that there is a 1-year statute of limitations on wrongful death claims that are based on medical malpractice.... Read more »

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