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Questions Answered by Tobie B. Waxman
2 Answers | Asked in Family Law and Child Support for California on
Q: Minute order for CS was drafted on 4/23. Minute order was review & amended. Can I get retro CS since it was a court erro

Petitioner was order to pay child support but minute order was worded incorrectly by the courts clerk on 4/23. I recently request it to be reviewed and amended. They finally sent the new correct minute order, I’m self represented so I didn’t know I could do this even though I repeatedly talked... View More

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

Court orders for child support tend to be retroactive to the date the motion (request for order) was filed requesting it.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Can a petitioner request a continuous

The petitioner for restraining order is trying to file a continuous

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 5, 2023

If you mean, the person who is asking for the restraining order is seeking a continuance and you are the person to be restrained, yes they can ask for a continuance, but you can object to that continuance if you want to. (see Family Code §242)

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2 Answers | Asked in Divorce and Family Law for California on
Q: Do we still need to fill out financial forms since my husband and I have come up with our own divorce agreement?

I am represented by an attorney and my husband is representing himself.

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 9, 2023

Before any judgement can be entered by the court, there must be a declaration filed with the court stating that each party served at least there "preliminary declaration of disclosure". There is a Judicial Council form that can be used however, for waiving financial disclosures. Both... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I was coerced into signing divorce papers. How hard is it to contest a divorce judgement?

He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 9, 2023

"forced" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to... View More

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2 Answers | Asked in Family Law, Personal Injury and Civil Litigation for California on
Q: Can I file a Motion to Dismiss after already filing an Answer to a Complaint and Summon for a civil case in California?

Want to file a motion to dismiss

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 4, 2023

Not enough information here. One way a defendant can get a case dismissed is with a motion for summary judgement or a motion for judgment on the pleadings. You need to consult with an attorney one-on-one to see what options are available to you for getting the case dismissed with the facts and... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: California divorce and debt exceeding assets in one persons name. Can I get a judgement against him saying he owes me?

Our credit card debt is in my name only. I have someone who will pay it off for me but I want to get some kind of judgement that shows he owes me for his half. He does not have any money now but will sometime in the future. Is it possible to get a judgement against him in the divorce?

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2023

Debts incurred during the marriage are community debts, regardless of whose name is on the account. Debts acquired and/or incurred at any time from date of marriage to date of separation are considered debts of the community which are then shared 50/50 between the spouses. The court however, can... View More

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3 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: Hello, I would like to find a medical malpractice attorney to consul for a recent surgery and upcoming revision.

Happy to provide additional information in consult

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2023

Attorneys are not able to solicit business on this site. You need to use the "Find a Lawyer" link at the top of this page and contact lawyers directly to get your initial consultation.

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2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Civil Rights for California on
Q: where do I file my request for order? The county my childs residency is established? Or where temp order is?

Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2023

It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: What form do I use in contra costa co to file an ex parte to have my ex pay my legal fees in our divorce?
Tobie B. Waxman
Tobie B. Waxman
answered on Oct 30, 2023

Request for Order (From FL300)

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2 Answers | Asked in Divorce and Family Law for California on
Q: How can I get funds for a lawyer?

I put in a request for order to have my ex pay for my lawyer for our divorce. The hearing is scheduled for 2 months after my divorce court date. What can I do? I can not afford a lawyer.

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

File an ex parte application/request to reschedule to have the hearing date moved so you can get the fee request heard before your other hearing date.

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1 Answer | Asked in Child Custody and Family Law for California on
Q: Which State has Custody Jurisdiction

Mom and Dad’s divorce was finalized in Alaska back in 2022 (dissolution w/ minor). Mom and child moved to California and have been here for one year. Mom would like to file a Motion to change custody orders. Would she need to file the motion in California or Alaska ?

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 23, 2023

Mom probably should have filed a request to modify custody in the Alaska case before moving to California. Assuming Mom had Dad's permission to move with the minor to California, Mom should now file a motion in Alaska requesting change of venue to California.

2 Answers | Asked in Child Custody and Family Law for California on
Q: With 50/50 Joint legal & physical-no child support custody. Do I have to share compensation if I win an art contest?

My agreement is 50-50, joint, legal and physical. No Child support payments involved with our case for our 5, and 3 year old. There’s a section stating our obligations on notifying the other parent.

( The parents shall keep each other informed of all of the children's medical,... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 19, 2023

What kind of "agreement" are you talking about? Is this a court order? Judgment? It may not even be enforceable.

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2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Identity Theft for California on
Q: Why is this my name and I haven't did anything like this are been to court are even own a fire arm is this a joke

I never had a fire arm are been arrested for a fire arm

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 17, 2023

If you want assistance from an attorney on this site, you need to phrase your question in a manner that let's the attorney know what precisely is the problem. This question, as you have phrased it is unclear. "Why is this my name?" You need to rephrase this inquiry if you want to... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can a hospital/surgeon be sued for medical negligence?

My aunt was operated in April for a bypass surgery and another heart complication, the combined surgery lasted for about 5 hours. The surgeon and team left a sponge behind. The negligence was detected 3 days later when an X-Ray was done. They had to re-open the incision (around 12 inch) to take out... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 10, 2023

Yes, your Aunt can sue for the negligence resulting from leaving behind a surgical sponge. This is what is known as a "retained foreign body" case. It's not clear from your question whether the subsequent complication had anything to do with the retained sponge. That's... View More

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3 Answers | Asked in Family Law and Child Custody for California on
Q: what can/should I do when my ex has disappeared with my two small childern without any communication

my ex is mentally unstable and she has had two children removed from her custody in the past. she is making false, unfounded claims of domestic violence and took my children while violating a t.r.o. and i havent been able to get in contact with her for almost 4

months

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 9, 2023

Contact the District Attorney's child abduction unit in your city/county. File a parentage action (I'm assuming your ex is not your spouse?) and request custody orders and concurrently file an ex parte application to get immediate/emergency orders for custody, no visitation, and for... View More

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3 Answers | Asked in Banking, Bankruptcy, Divorce and Family Law for California on
Q: court ordered payments and bankruptcy in california

If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 4, 2023

Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More

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2 Answers | Asked in Divorce, Civil Litigation and Family Law for California on
Q: My wife took my keys and wallet and left me stranded out of town with no means of getting home

She knew she had the keys and my phone was dead and I had to wallet sorry I was curious if what she did was illegal knowing I had no phone no keys and no wallet and she drove home with my 4 year in the car without his car seat

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 29, 2023

What is the purpose of this post? You haven't asked a question. Are you planning on filing for divorce?

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2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: Can my ex wife force my 16 year old daughter out of her house to come live with me?

My daughter chose to live with my wife full time a few years ago. We had 50/50 custody prior. I want her to come with me but my daughter doesn’t want to move.

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 28, 2023

Depends on what you mean by "force"? Physically? No, of course not. Can she modify the court order regarding custody? Yes.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

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

Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: do I need to appear for a case I was not served or given proper notice of?

I was told there was a hearing at 8:30am by the petitioner themselves. there was no county or address given. I was not served any documents.

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 22, 2023

You told there was a hearing, but you were not told where it would take place? You need to find out where the case has been filed and then file a Motion to Quash. Sounds like you should hire an attorney.

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