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Questions Answered by Tobie Brina Waxman
3 Answers | Asked in Bankruptcy and Divorce for California on
Q: In a divorce how is credit card debt split up and what happens if one side cant pay it?

IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 15, 2022

Debt incurred during the marriage is considered community debt. Liability for that debt is therefore shared equally. However, family courts are considered courts of equity. If one party has a better ability to pay off that debt, the court may divide it in a way that reflects the parties'... Read more »

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1 Answer | Asked in Child Custody for California on
Q: If my baby’s father is trying to serve me with custody papers is he allowed to be there when I’m getting served ?

If me and my baby’s father are hanging out and he has someone else serve me papers is he aloud to be there ? If he is not can I deny the papers?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 13, 2022

Yes he can as long as he’s not the one who actually serves you.

1 Answer | Asked in Child Custody for California on
Q: If my baby’s father writes a letter stating he will not take me to court for custody will he still be able to take me?

If me and my baby’s father agree to co parent amount ourselves he writes on letter that he is okay with that and will not take me to court can he still take me to court?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 11, 2022

This letter has no legal significance and is not legally binding on either parent for any purpose.

2 Answers | Asked in Divorce for California on
Q: Does it matter how long I have been separated to qualify for alimony?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 9, 2022

Under certain circumstances it does matter. For example, if you've been separated a long time (i.e. years) and never asked for alimony the assumption will be that you have achieved the goal of being self-supporting and don't need it.

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1 Answer | Asked in Family Law for California on
Q: Signed deed to home over to my ex wife. I'm still on the loan which is affecting my credit. How can i get her to refi?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 4, 2022

This is the type of thing that should be addressed in your judgment including a remedy if the other party does not cooperate.

1 Answer | Asked in Divorce for California on
Q: I signed a prenup. But then my husband cheated on me, I left him. In the divorce, can I get any assets/money from him?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 1, 2022

Are you asking whether infidelity nullifies your prenup? If that's your question, the answer is no. California is a no-fault state, and prenup is considered a binding contract. There may be other reasons to nullify the prenup in your specific case, but infidelity is likely not one of them.

1 Answer | Asked in Divorce for California on
Q: If I put my house in a living trust prior to marriage, is it protected/considered separate property, if divorce?

This is my house I bought prior to the relationship

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 1, 2022

What makes this house separate property is the fact that you purchased it prior to marriage. Whose name is on title is not the determining factor. What happens during the marriage is another issue. i.e. if income during the marriage is used to make mortgage payments on this property, the... Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I file for divorce and apply for services having only been here a few weeks from out of state?

I fled Ohio with my 3 children because my husband was using drugs in the house. He has since stopped using, but I want to know my rights about filing.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 28, 2022

You must meet the residency requirements before you can file for Divorce in the state of California. You must have lived here at least 6 consecutive months to file in this state, and 3 consecutive months to file in the county where you are living in California. The residency requirements are less... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: I'm looking to collect child support arrears on my ex who never paid a single dime.
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 28, 2022

Contact Child Support services. It is not noted here where you are or where your child support order was issued (what state, city, county, etc.) This is a link for the CSSD office in the County of Los Angeles, but the department has offices all over the state of California.... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I have 50/50 custody and want to move out of state what steps do I need to take to not lose my children.

I live on my own with my partner and my ex lives with his mother. My partner and I want to move out of state to where his family lives to better our lives but my ex wants full custody now so the kids can’t leave the state at all. He has a past record and I’m pretty sure still can’t legally... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 15, 2022

I'm seeing two different issues here. First, finish up your divorce. It doesn't matter if he agrees or will or will not sign something. You got your default, now proceed to judgment. Second, if you want to be able to move out of state with your children, you will need to file a motion... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Dental implants caused an infection that caused a hole in my cheek. Also a hole from the roof of my mouth to my nose.

I spent 25000.00. The implants had to be removed . The dentist is not responsive to my needs in fixing the situation..

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 14, 2022

I would recommend you get a second opinion. Order a copy of your records and go to another dentist to look at those records and examine you and advise you as to why you got the outcome you got. Suffering an infection may or may not be the result of negligence, but merely a bad outcome. If you... Read more »

1 Answer | Asked in Divorce for California on
Q: I filed for a default judgment for divorce today with the courts

how long should it take for me to receive final judgment

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 13, 2022

No one can predict for you how long it will take the particular court where you filed your paperwork to process your judgment. This is assuming you filed a judgment package and didn't just file a request for entry of default. If all you filed was a request for entry of default, then other... Read more »

1 Answer | Asked in Family Law for California on
Q: How do I give notice for a hearing set due to an ex parte (Family Law - Los Angeles County)?

I am petitioner in my child's custody case and had filed an ex parte. It was granted and a hearing was set to determine supervised visits for the Respondent. The commissioner wrote, "The Court sets the case for RFOMOD - Custody, Visitation on August 12, 2022 at 8:30 AM in Department D.... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 8, 2022

He needs to be served with a copy of your RFO. The RFO should reflect the hearing date, time and location. That's what it means to give notice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I am trying to figure out if moving out of my home with my kids is the next step for me.

We have a living in a home for 10 years that both my spouse and I have paid and made payments on. However due to marital stress for the last couple of months he has been making the payments and has slowly taken me off the utilities account and other accounts. He has also called our creditors and... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 7, 2022

You should consult with an attorney rather than seeking response to all of these questions here on this website. With respect to the property - a house purchased during the marriage is community property. Doesn't matter who has been making the mortgage payments or whose name is on the... Read more »

1 Answer | Asked in Family Law for California on
Q: Trying to find a lawyer that can help me with a case that is already with CPS for guardianship. In the Stockton area
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 6, 2022

What you need is an attorney that specializes in "dependency". It is not "family law" or "custody law". Dependency is a separate and specific specialty in California and associated with CPS cases.

2 Answers | Asked in Divorce, Family Law and Child Support for California on
Q: Is there a lawyer that can help fix this ?

After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 30, 2022

You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial... Read more »

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1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Divorce for California on
Q: If my wife retains a divorce attorney, do I need to retain one as well?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

If she has an attorney and you don't you will likely be at a disadvantage. Don't risk it.

1 Answer | Asked in Divorce for California on
Q: Hello, Where can I get a " certified copy of specific law on Divorce "? Thank you
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 23, 2022

What does that mean? Certified copy of the law? What are you trying to get?

1 Answer | Asked in Family Law for California on
Q: California…. Taking daughter away from dangerous situation, out of state.

Thank you.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 13, 2022

There is a legal process that must be followed for this to be done right. Don't take the law into your own hands and make a unilateral decision that is not supported by a court order. It will backfire on you. File a petition custody (or a parentage action) and concurrently file a Request... Read more »

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