Tobie Waxman’s Answers
6,799 total
What should I do in this scenario and how should I go about filing a police complaint in LA?I am tired from being intimidated.
Tobie’s Answer
You can hire local counsel to act on your behalf.
Is my ex fiancé asking for too much money for child support?
Tobie’s Answer
https://childsupport.ca.gov/calculate-child-support/
The petitioner served me ( my husband) the divorce papers is that legal?
Tobie’s Answer
What should you do? You should hire an attorney.
What type of lawsuit would be best to pursue over my daughter's death?
Tobie’s Answer
Yes, a failure to diagnose or missed diagnose that results in injury would be actionable as a wrongful death claim based on medical malpractice. The question is whether, had the abnormal cord insertion been diagnosed at 20 weeks, could it have been fixed resulting in a viable birth?
What form do I need to change my case from PA to CA? Either parties have lived in PA for about 6 months.
Tobie’s Answer
this question should be posted for lawyers licensed and practicing in PA; not CA. You likely need to file a motion in PA to transfer venue.
In divorce case in ca do I need to wait 30 days after every form submission in court? Or is possible to fill all forms at once
Tobie’s Answer
Do you mean one of you filed for divorce, served the other party and the other party filed their response? In that case, the next step is financial disclosures. If you participate with providing your Preliminary Declaration of Disclosure and she does not, you can file a motion to compel. It's a multi-step process to get to the end of your case when the other party does not cooperate. AVVO is not intended as a forum for self-represented litigants to learn how to be lawyers and represent themselves. You can either hire an attorney to assist you with your case, or use the court's self-help links that are available on line. The other option is to go to the courthouse in person and use the assistance offerings at the courthouse.
What assistance can I get for my autistic child?
Tobie’s Answer
Does he have an IEP? If he does, the school district should be providing him with the services he needs. If he doesn't have an IEP, you need to request one. You request the IEP through your home school (the public elementary school closest to your home)
Can I ask to change spousal support as I'm waiting for either settlement or trial?
Tobie’s Answer
Yes you can. You can make that request by motion - aka Request for Order.
Already divorced but just now changing my name
Tobie’s Answer
If on your divorce judgment you checked the box for restoring to your maiden name, then your name was restored as of the date of entry of judgment. If you did not check that box and now you want to change your name you can do so by use of Form FL 395 which is an Ex Parte Application for restoration of former name after entry of judgment.
Can I get credit for money I gave to my ex when we separated?
Tobie’s Answer
Proof of payment of support, whether court ordered or by "gift" should be applied as a credit towards your arrears. This is not the law, but it is fair. You should come to the hearing with your PROOF of those payments. You can also file a "responsive declaration" to the motion and attach your evidence to that responsive declaration with your own declaration so the court has advance notice of this information. You should make a written request for that credit.