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Tobie Brina Waxman

Tobie Waxman’s Answers

6,308 total


  • What forms do i use to amend a petition for child support and custody modifications

    Tobie’s Answer

    What you are referring to is not a petition. What you filed was a Request for Order (FL300). A Request for Order can be amended as long as you give statutory notice. You would need to file and serve your Amended Request for Order at least 16 "court days" plus a number of calendar days (depending on the manner of service), prior to the hearing date. If you are now less than 16 court days from the hearing date on this motion, it is too late to amend it. You can instead, either withdraw the motion and file a new one, or get the hearing date continued so that you have time to file an amended motion.

  • Child support?

    Tobie’s Answer

    The order will be retroactive to the date you filed the motion - not before that date.

  • Can I marry my fiancé who I have kids with even though I have an old domestic partnership with an ex?

    Tobie’s Answer

    Why don’t you dissolve the domestic partnership?

  • Do I need to provide bank statement for modifying child support on the FL-150 form?

    Tobie’s Answer

    You only need to attach proof of income such as paystubs, a Schedule C, or similar

  • Will i have to pay spousal support if im 100% disabled veteran?

    Tobie’s Answer

    Both SSI and VA disability benefits count as income for purposes of calculating support. The Uniformed Services Former Spouses' Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. The provisions of Title 38 make it clear however, that Congress intended that VA benefits may be considered as a source of income for support purposes.

  • DIVORCE FAMILY LAW

    Tobie’s Answer

    "Think" ?? Find out. Were you served with the petition? Do you know the case number? If you don't know the case number, look it up (you can do a by-name docket search on the court's website). FIND OUT! If she requested entry of default and you were never served with the petition, you need to file a motion to have that default set aside. Don't spend time trying to figure out what your deadline is. DO IT NOW!!!

  • He took out a big loan from his 401K & took money from his stocks after date of separation.will i just get half of what is left

    Tobie’s Answer

    Once the Petition for Dissolution is filed and served, the parties are bound by certain restraining orders. Those restraining orders did not kick in in your case until you actually filed for divorce. His actions may be in breach of fiduciary duties spouses owe to each other, but they are not in violation of any restraining orders that would have applied, had you filed for divorce BEFORE he bought the property and borrowed against his 401k. With respect to the breach of fiduciary duty however, he may have to reimburse the community for those actions. When dividing a 401k, you will need a QDRO. The QDRO can be written so that your benefit is not subject to or discounted by the loan he took. Under the circumstances and the clearly complexity of your situation, I highly recommend you retain an attorney for this divorce action.

  • Do I need a spousal property petition?

    Tobie’s Answer

    Under the laws of intestate succession, as his spouse, you are his heir at law and are entitled to everything in his estate that was not bequeathed to someone else by an estate plan (will or trust).

  • Do i qualify for spousal support?

    Tobie’s Answer

    The factors that go into determining whether a party should get support, in what amount and for what duration are statutory. See Family Code §4320. Whether in your particular case support will be awarded depends on factors you have not described here. While I would agree that you are not required to work 3 jobs, if you customarily work 3 jobs and it was your working 3 jobs that helped maintain the lifestyle to which you became accustomed during the marriage, that too will be taken into consideration.

  • Child support modification ?

    Tobie’s Answer

    Monthly rent obligations are not used to calculate child support. If this new rent obligation is so significant that paying child support at the current number is impossible, then you could try your luck with a motion to modify support. A small or even relatively small rent increase however, will not persuade the court that you need a child support modification.