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Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Juvenile Law for California on
Q: Can my son who got adopted able to sue the adopted mother for kicking him out at age 16 he collects tax let him with0

Parents of his friends buy his hygiene n supply still receive cash for him but he is hopeless this can't be right

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 16, 2019

His status as an adopted child is irrelevant to any part of your question. The impediment to his legal right to sue is his age. He will need a guardian ad litem to sue on his behalf. That being said, it is completely unclear what it is you think would be the basis for a lawsuit.

1 Answer | Asked in Family Law for California on
Q: Move Away Order

My wife and I have been married for a year I currently reside in Sacramento California and she lives down in Los Angeles she has a 3 year old son. Her and the kids father have a joint custody agreement where the mother has the son the majority of the time.

We have attempted to come to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 17, 2019

What's your question? If Mom and the other parent cannot reach an agreement, then mom needs to apply to the court for a move-away order.

1 Answer | Asked in Divorce for California on
Q: I need help understanding my rights if my husband has decided to pay me less then our MSA states

We created an MSA. He lost his job so we verbally decided to lower the payment temporarily. He now wants to lower it again without my consent. I dont know how to get him to pay me what we agreed on

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 1, 2019

Informal agreements are not court orders. If you want something enforceable you need to get a court order or judgment. If what you have is a court order or part of a judgment then it should not be modified informally and only modified by a new court order.

1 Answer | Asked in Family Law for California on
Q: Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

Hi petitioner filed for separation of marriage (FL100) and then filed motion to dismiss 20 days later. Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 7, 2019

A motion to dismiss? If she filed a petition and you have not yet responded, all she needs to file is a Request for Dismissal. It is not a motion and there is no hearing. If the case is dismissed, you do not need to file your response. If she filed an actual motion and there is a hearing date... Read more »

1 Answer | Asked in Family Law for California on
Q: My ex-husband has not seen or had visitation with his child since 12/02/2012

He emailed me stating that I do not have his permission for our child to leave the state. We do have child support and he stated that it was 0 custody and 0 visitation. My child is in competitive cheer and travels out of state for competitions. Am I allowed to take her to her competitions or do I... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 20, 2019

What do your court orders say? Who has physical custody? Who has legal custody?

1 Answer | Asked in Child Custody and Family Law for California on
Q: I sent my children to Sacramento for the summer with my half sister and now she wants to keep them and file custody.

What can I do to get them back right now ?

I have legal custody over them ..

This is kidnapping right ?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 17, 2019

Your sister does not have legal standing to get custody of your children. There isn’t enough information in your post to discuss her standing to apply for legal guardianship.

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I am in search of someone that can help me obtain the medical records of my deceased wife. I believe she died unjustly.

I believe that the doctor (s) in charge let her pass by stopping her CPR treatment. I know there is a term for it - slow something or other.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 12, 2019

If you have the Death Certificate and you are next of kin (which as her husband, you are), then you should be able to order a copy of the records yourself. Make sure when you are ordering the records that you specify you want the ENTIRE chart - all notes, orders, medical records, billing records,... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: Long term marriage divorced in 2005. Paying spousal since separation. No QDRO in place.

No stipulations in final decree regarding retirement. Retiring soon. Will I have to pay spousal after retirement?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 29, 2019

You pay support in accordance with your court orders or judgment until those orders are modified by a new or subsequent order.

1 Answer | Asked in Child Custody and Family Law for California on
Q: My child will be 18 in 6 mo. He recently stopped coming to his visitation. I have 50/50 custody. What options do I have?

We have been to court regarding custody several times recently 1.5 years ago.

Tobie Brina Waxman
Tobie Brina Waxman answered on May 28, 2019

Unfortunately, you cannot force a 17-year-old to comply with court-ordered custody or visitation plans. Without knowing why he will not come visit you, it's difficult to say what your options are. Options include 1) do no thing; 2) consider family therapy; 3) come up with activities to do during... Read more »

1 Answer | Asked in Divorce for California on
Q: How to domesticate an out of state divorce decree in California
Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 13, 2019

Depends on why you are asking. A judgment of divorce that is valid in the state in which it was given, is valid in California. You do not have to do anything. If there is something about the divorce judgment that needs enforcement here in California (such as a modification of spousal or child... Read more »

1 Answer | Asked in Divorce for California on
Q: I got married in Pennsylvania and moved to California 3 years ago. Now separated. Do we need to file divorce?

Her attorney said no because our license isn’t recognized here in ca. Which is why they didn’t let her change her name on her drivers license, even though her SS card was changed.

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 1, 2019

A valid marriage in Pennsylvania is valid here. I would be very concerned about a lawyer who states otherwise. If you were legally married in Pennsylvania your married is legally valid here in California. If you want to be divorced, then yes, you need to file for divorce.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What’s the best way to handle situation

Hi my ex girlfriend texted me stating she went to the Los Angeles county courts to start the process of establishing paternity a couple weeks ago. My issue is I’m currently out of the state for a new job which requires us to complete the training I’m at which is about a month long or forfit the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 31, 2019

If you retain an attorney, the attorney can respond to the petition on your behalf.

1 Answer | Asked in Divorce and Family Law for California on
Q: Wife's attorney is stonewalling requests for documents, though the judge asked us to reconcile -if not he will decide.

I sent Form intorogatories and later 1st meet and confer letter.

Wife''s attorney declined to produce financial documents that I asked such as bank statements, retirement current paystubs etc. (California -full disclousure).

Each paragraph answered: I took diligence and was unable... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 30, 2019

Your remedy for failure to respond to discovery or failure to provide further responses after a meet and confer is to file a motion to compel, assuming you have missed the deadline to do so.

1 Answer | Asked in Family Law for California on
Q: I have been married 40 years. In approximately 1986 my father-in-law passed and my mother-in-law put some stock in she

and my husbands name as joint tenants. My mother-in law just passed and my husband put the stock in his name only in a single account. He is seeing an attorney to make sure I have no claims on the dividends derived from his now stock. The proceeds are now going into our joint checking account.... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 11, 2019

This isn't really a community property issue. This property was a gift and title to the stock was held in joint tenancy. Generally, owners in joint tenancies and tenancies in common can sell their interests in the properties they own with others. However, an owner in a tenancy in common or a... Read more »

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: I left after reporting a crime
Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 3, 2019

What’s your question?

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1 Answer | Asked in Child Custody for California on
Q: My sis wants custody/at least to be able to visit our younger half sister. Her dad won’t let us for personal reasons

Our little sister is only turning 15, so I assume it will be difficult. I also know parents get full custody. However according to my little sister, her dad is very controlling and doesn’t let her do anything she will enjoy, such as visit friends or even me and my sister. He even says if he buys... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 2, 2019

As her sister and non parent, you do not have legal standing to seek custody. The option of legal guardianship may be available, but based on the information you have provided, it's unlikely that request will be granted either

1 Answer | Asked in Divorce for California on
Q: What nullifies a prenup and how does someone with language barriers walk thru the process of divorce fairly?

My friend owns a business which is being impacted.

She really needs a translator, Vietnamese.

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 22, 2019

If the person attempting to nullify the prenup, had a language barrier at the time of signing the prenup, therefore, did not fully understand what she was signing, AND was not represented by counsel at the time, then the prenup can be nullified. She should retain an attorney to handle the divorce... Read more »

1 Answer | Asked in Divorce for California on
Q: together 16 years legally married 9 kids, own home What am I entitled to He says nothing because I’m a homemaker

He didn’t want me to work, I stayed home and raised 2 kids.

Did all the repairs personally, always logged what I spent on house and kids.

Now he says that I’m not entitled to anything because I don’t work

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 13, 2019

You're entitled to half of community property acquired during the marriage. Items acquired during the period of cohabitation are separate property. You may or may not be entitled to a portion of his separate property. You need a consultation with an attorney to figure out what you are entitled... Read more »

1 Answer | Asked in Divorce and Child Custody for California on
Q: I filed for divorce 4 months ago and my husband has not responded I thought he had 30 days to respond what can I do.
Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 26, 2018

File request for entry of default. If granted, go ahead and proceed to judgment

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