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Questions Answered by Tobie B. Waxman
2 Answers | Asked in Divorce for California on
Q: Can I modify spousal support if ex wife got a raise and bought a new home?

I did remarry but she is still single.

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

If there has been a change in circumstances that impacts her need for continued support or her need for the amount that was ordered, you can file a motion to modify. Keep in mind that your new spouse's income will be relevant and will need to be disclosed.

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2 Answers | Asked in Divorce for California on
Q: Will it look bad to the courts if I change my divorce attorney a 3rd time in 2 years before final settlement conf?

Originally (early 2023) started with individual attorney at budget friendly costs where the communication and relationship went distance over the first year due to case dragged out because of my major depressive episode, ADHD issues, and OC not cooperating.

Then (early 2024) I decided to... View More

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

The court couldn't care less. Your next attorney however, will care. For me personally, if I'm 3rd or even 2nd in a line of previous attorneys, when a new prospective client calls me, I question why that is and I likely won't take the case. It's a red flag.

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4 Answers | Asked in Divorce and Immigration Law for California on
Q: Need help . Need to divorce my wife of 2 years. No kids. She has provisional green card. I petitioned her to come to US.
Tobie B. Waxman
Tobie B. Waxman
answered on Oct 17, 2024

There is a "Find a Lawyer" link at the top of this page. You can contact a lawyer directly and find out what your options are, whether your situation qualifies for summary dissolution, or whether a simple divorce is your best option.

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2 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: I was rewarded full legal custody via a DVRO that was granted in Ca. Last week. I also just filed for a divorce.

Can I move out of state with my child with a divorce going on. Does a dvro ruling supersede a divorce filing in CA.?

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

Maybe. But it's better not to take short cuts. File the appropriate request for order in your divorce case (request for full legal and physical custody with a request for a move away order). Your DVRO case is a related case and can and should be cited in your motion.

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Single mother trying to co-parent with the father but he refuses to pay child support what is the California law

I am the mother of a child that was born September 23rd 2024 I'm trying to co-parent with the father of the child refuses to pay child support. I allow him to come to my house everyday to see his son but my own mother has to provide for our son because the father will not help with his... View More

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

Contact your local Child Support Services and request they assist you with obtaining child support orders. https://www.fresnocountyca.gov/Departments/Child-Support-Services

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2 Answers | Asked in Child Custody and Child Support for California on
Q: Can I stop communication?

My daughter dad is not on the birth certificate. He’s been paying child support since she was 2/3 no visits set in place. He use to see her maybe 1-2 times a year and now been 2 years he’s not seen her. He doesn’t call to talk to her ever and now it’s been over a year he hasn’t paid... View More

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

You can do whatever you want. If you don't have any court orders mandating when, how or even whether you communicate with him, you don't have to.

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: So I have a divorce agreement since 2006 and my ex wife has yet to pay me off my 40% stake.

My ex wife has since remarried and has refinanced the property several times, but has yet to compensate my 40% stake my way. The fact that she has remarried and refinanced, does that mean that she should have paid me my stake off ? My name is not on the deed of the house anymore.

For... View More

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

Depends on what your judgment/court orders say. You should have someone (an attorney) review your court orders and tell you what remedies are available and/or what you can do to get what was awarded to you.

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2 Answers | Asked in Divorce for California on
Q: After divorce am I obligated to pay exhusbands credit card bill

It is a lowes card he took out in Nov 2021 to replace a water heater in our home. He left in July 22 I have paid more than. Half of the bill and my name is not anywhere on the account do I have to keep.paying it

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

Who was this debt "awarded" to in the divorce? If you name is not on the account and you were not ordered to cover this debt as part of your divorce decree, then no, you are not obligated to keep paying it.

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3 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I have hearing coming up regarding contempt / motion of enforcement. Am I able to submit add'l information to the court

Like additional documents or evidence about the faulty party

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

Not enough information. When is the hearing. There are statutory deadlines for filing documents in support of and in opposition to an Order to Show Cause re contempt. What, if anything, have you filed in response to the Order to Show Cause?

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2 Answers | Asked in Child Support for California on
Q: My ex wife and I have a joint custody, mediation by weekly, keep track of time and what I do with them, and I have a

Restraining order, judge said alternative weeks, and I took my paper work late, and I also put the wrong average monthly, what can I do, she got more percent for our children, and I have proof in a note book for 3 1/2 months that I have them weekly, I want to go back to fix, he took her side and... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 5, 2024

This is extremely confusing and unclear as written. The court likely did not consider your "evidence" because you did not present it properly. You have another opportunity to do so in 20 days. In the alternative, you can retain an attorney and figure out how to properly make your... View More

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2 Answers | Asked in Child Custody for California on
Q: Hello how do i get information on affordable help to file for custody of my kids ?

Dad & i are separated

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

I guess it depends on what you consider to be affordable. You can contact different lawyers and ask them what they charge and decide what you think is affordable or fair. Just remember. You get what you pay for.

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2 Answers | Asked in Family Law for California on
Q: Can a parent block all communication from the other parent and ignore court judgement?

In CA, I filed a petition to determine parentage. The respondent (she) was served properly by the county sheriff, she never responded , I asked for default and was found to be the father.

I did waive all my rights including the right to a DNA test but am quite satisfied with legally being... View More

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

File a Request for Order to get custody/visitation orders. Until you have court orders, you really don't have much control over the situation.

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2 Answers | Asked in Child Support and Family Law for California on
Q: Is child care part of child support? Or is it considered an add on?

Ex feels he gives me more than he should. My son lives with me and his father picks him up for 3 weekends out of the month. He gives me $800 a month. Helps pay private school which we go half on. Has him under his health plan which I’m sure he pays about $360 a year for. He’s union. Our son is... View More

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

If you were using a computer program (such as Dissomaster) or the guideline calculator which you can find on line, child care would be included as an "add on" before coming up with the total amount for guideline support.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My son lives in Eureka California. His wife of less than 2 years just left him What is the simplest divorce process

I am in Arizona but my 33 year old son lives in Eureka. He is a teacher. He is in shock over this incident but the couple has very little in the way of assets. What is the least onerous and least expensive way to proceed with a no-fault divorce? And what does a "fault" divorce man.... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 23, 2024

There is really on one way to proceed. That process does not change based solely on the length of marriage. https://selfhelp.courts.ca.gov/divorce-california

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2 Answers | Asked in Divorce and Family Law for California on
Q: How do I start the process of asking for spousal support and other community properties such as a pension plan?

We have not filed for divorce yet, been Married 27 years

Tobie B. Waxman
Tobie B. Waxman
answered on May 22, 2024

You've answered your own question. How do you start? You start by filing for divorce. Your petition can set forth what you are asking for, although it will not result in any court orders to that end. But, that's how you start.

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2 Answers | Asked in Child Custody and Family Law for California on
Q: What is mom allowed to do if she has set visitation times and only joint legal?

Mom has set visitation times. And only joint legal. Is she allowed to show up at kids school, and school functions and field trips outside of her appointed times?

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

The simple answer to that question is yes. However, it depends on what your orders say. School functions, field trips, etc. are not a custodial function, but instead would likely fall under the rubric of legal custody.

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3 Answers | Asked in Family Law for California on
Q: where i can hire s good family lawyer at a low cost a trust worthy business im out in california
Tobie B. Waxman
Tobie B. Waxman
answered on May 13, 2024

This website has a "Find a lawyer" link at the top of each page. Click on that link and start placing calls to different lawyers to find the right fit for you and your circumstances. What constitutes "Low cost" is in the eye of the beholder, right?

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2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce after 30+ years, trying to get answers from my atty. Said there is a settlement conference. 6/?? No divorce pape

Ers filed no firm date, no info or any other help with what should be done. I hope to get some answers regarding divorce & separation of property, no kids a house I owned before we married 5 years.

Another atty told me the divorce papers are 1st before any settlement conferences?? T or... View More

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

This is confusing as written. I recommend you pick up the phone and speak with an attorney one-on-one and directly. With a 30+ year marriage you should not be representing yourself.

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2 Answers | Asked in Divorce and Family Law for California on
Q: I am married in CA my husband has married someone else in a different country. He has no idea I know. What can I do?
Tobie B. Waxman
Tobie B. Waxman
answered on Apr 16, 2024

Depends on what you want to accomplish. I'm assuming you are asking this question because you now want a divorce. File for divorce -- that's what you can do. His marriage to someone else in another country, at least under CA law is not valid.

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3 Answers | Asked in Medical Malpractice for California on
Q: There was NO deposition subpoena for medical records. Request to authorize release of medical records was served.

What should be response to request to authorize release of medical records?

There was NO deposition subpoena for the medical records.

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

It's a request. You do not have to agree to voluntarily authorize release of your records. If you don't, then they will serve the subpoena (assuming the records are relevant to your case).

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