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Questions Answered by Tobie B. Waxman
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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3 Answers | Asked in Family Law and Criminal Law for California on
Q: During a civil deposition how can you refuse to answer certain or all the questions?

Some of the questions will most likely be used to find personal information to harass me further... while other questions could be used again me in criminal charges... so how do you avoid answering them?

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

Depends on the questions. Depends on the nature of the litigation. (i.e. whether it's civil, criminal, or regarding what, i.e. breach of contract? divorce?). There really isn't enough information here to assist. There are several different types of objections that can be raised in a... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I think my spouse improperly served me FL 300 documents by serving them himself ?

I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or... View More

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

Sounds like you were served by mail and someone other than him, signed the proof of service. Sounds like you were also sent "courtesy copies" by attachment to a Talking Parents communication. I don't understand the problem. Serving you by mail and having someone sign the proof of... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I was served with divorce papers. We shared 4 pets and she is denying me custody or visitation. How do I get this added?

How do I get my request for visitation and custody of two of the dogs added to divorce settlement?

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

You would address this in your response to the petition. In the interim (while the case is pending), you can file a Request for Order to get temporary custody/visitation orders for the pets. While generally speaking, pets are considered property in a divorce, a relatively new pet custody law in... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Hello! I am in Los Angeles. I have been sent an email subpoena for documents with only one day notice. How do I object?

It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.

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

I think you may be confused about what has been served on you. If you are a party to the case, you can be served with a request for production of documents; not a subpoena for production of documents. What may have happened is that you have been sent a copy of a subpoena that was served on your... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: How do you enforce a verbal / signed custody agreement with both parents - if you never added it to the divorce ?

both parents verbally agreed to a custody agreement, signed a contract that was never notarized.

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 30, 2024

Informal and/or oral agreements that are not court orders or part of your entered judgment are not legally enforceable. You can however, obtain new custody orders post-judgment. You can file a Request for Order or you and the other parent can draft and sign a stipulation and order and submit it... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: I have 4 kids with my ex and 1 with my husband. 5 kids in total

My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment

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

"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More

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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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