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Questions Answered by Tobie B. Waxman
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 B. Waxman
Tobie B. 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... View 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 B. Waxman
Tobie B. 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... View 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... View More

Tobie B. Waxman
Tobie B. 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... View 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 B. Waxman
Tobie B. 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... View More

Tobie B. Waxman
Tobie B. 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... View More

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... View More

Tobie B. Waxman
Tobie B. 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 B. Waxman
Tobie B. 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 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 B. Waxman
Tobie B. 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... View 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 B. Waxman
Tobie B. 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... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: What is the procedure will be like after I filed a motion to modify existing orders to include a "move away" order?
Tobie B. Waxman
Tobie B. Waxman
answered on Oct 28, 2022

Not enough information. Impossible to predict the outcome of your case. In most cases when someone files a Request for Order to modify a custody order so that a parent can move away with the child, the court will order a custody evaluation. Move away requests are not DIY projects. It's a... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hi, How can I change my current custody order?

I have my son's full legal and physical custody since April 2021. The father doesn't need to pay child support or any money. On the court paper it states I need the father's permission to move out of San Diego or travel to overseas. The father only visited my son once since April... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 28, 2022

It's unclear why you would need his permission if you have "full legal custody". If there is a court order that says that, then you would need to file a motion to modify existing orders to include a "move away" order. The name change is a separate issue and would be handled differently.

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: I sold 100% of my business a year before I got married and agreed to take monthly payments per the sale agreement.

I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 28, 2022

The monthly payments would count as income available for calculating spousal and child support.

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 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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2 Answers | Asked in Family Law for California on
Q: step son wants to change his last name to mine. His bio dad isn’t in the picture & his current last name is his moms

Can we change his last name to mine given that his current last name is his moms maiden name and the bio Dad does not have any custody?

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

You can file a petition for name change, but bio dad has to be served with notice of the filing of that petition and he has a right to respond and/or object or oppose the petition. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.courts.ca.gov/documents/nc100info.pdf

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3 Answers | Asked in Divorce and Family Law for California on
Q: Divorce in California, Community Property Law, and a license that is required to do a job

We are going to divorce in California, and I am considering starting a new job now that requires getting a contracting and selling license from CSLB. Is holding a license considered a type of property kind of owning a business that may arise an issue under California Community Property law? Should... View More

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

A license to do business is not property, is not an asset that can be divided and presumably carries no monetary value.

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2 Answers | Asked in Child Custody and Family Law for California on
Q: how to rescind a notary for custody that didn’t state any dates or time or length of custody? Also, court never involved

The other party whom child is currently with is not compliant with verbal or written agreement of visitations and unresponsive to any messages or phone calls from counterparty

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

If there is no court order, your agreement is not enforceable. Getting it notarized doesn’t make it any more official or enforceable.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband of 20 yrs file for divorce. He said we had been marry for 6 yrs since he got a work compensation. Help
Tobie B. Waxman
Tobie B. Waxman
answered on Mar 11, 2024

For purposes of filling out the Petition for Dissolution and the Response, the marriage term is from date of marriage to date of separation. I have no idea what you are referring to as "he got a work compensation" or how that relates to the length of the marriage or what would be the... View More

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