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Questions Answered by Tobie Brina Waxman
3 Answers | Asked in Divorce for California on
Q: Hi, Thank you for your help in advance. I am looking to file for divorce and looking for an attorney to help me.

We have one child and own a home. I really need to know where to start with a goal of needing the equity from our home to make this change in my life. Hope for guidance as to how to get started to not make a mistake along the way.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 3, 2020

Hiring an attorney is the best way to avoid making mistakes. This site has a "find a lawyer" link. Use that to find a lawyer in your area. Good luck.

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Do I have to maintain a custody agreement if my kids are at risk of exposure for COVID?

My ex and I have custody agreement however he told us last night that he had to be tested for COVID and is currently exhibiting symptoms. I have expressed my concern and that I think he needs to wait at least until he is symptom free before being around our children to be cautious and prevent... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 26, 2020

He got tested. I would expect a responsible parent would not expose his children in the event he tests positive -- whether he tells you the test results or not. In fact, I believe we have all been told that if anyone tests positive for Covid-19 that they should quarantine and isolate themselves... Read more »

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3 Answers | Asked in Family Law and Immigration Law for California on
Q: I am interested in receiving information of marriage annulment for possible Immigration Marriage Fraud.

I am looking for a pro bono attorney or reduced fee attorney services.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 22, 2020

What constitutes a "reduced" fee is in the eye of the beholder. Use the "Find a Lawyer" link at the top of this page and make a few calls.

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1 Answer | Asked in Child Custody and Child Support for California on
Q: If both parents work and have agreed to a 50/50 custody of the children, is child support still required?

My income as a father is greater than hers, will I still be required to pay child support if I petition for a 50/50 custody, and agreement thats already been made by both sides?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 19, 2020

Child support is calculated using an algebraic formula in the form of a computer program. The percentage of time each parent has custody is but one factor used to calculate support. In addition, the parties' respective income, certain deductions from income, health insurance premiums and... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: What can i do legally about my husband not returning our children to me after a visit?

I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 18, 2020

The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of... Read more »

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2 Answers | Asked in Divorce and Family Law for California on
Q: Hello, I want to make a mutual legal agreement/document with my spouse. Do I need a family lawyer or a mediator?
Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 17, 2020

What kind of agreement? What are you trying to accomplish? Is this for a divorce? It's impossible to say whether you need legal assistance without knowing what type of agreement you are talking about.

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1 Answer | Asked in Family Law for California on
Q: Ex wife is not allowing daughter to visit this summer, claiming too risky b/c of COVID?

My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 16, 2020

It's unfortunate that your judgment lacks details regarding the parameters of visitation. It makes it difficult to put a finger on any specific violation resulting from Mom's behavior. That being said, there are no laws in place here in California that allow a parent to use Covid-19 as... Read more »

2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce in California

If I have finished transfer the money in my bank account to someone else under their title to minimize the amount of money split with my wife when divorced and I want to file a divorce after that, how long does it legally take for the transfer to take place so that if the divorce is successful, the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 15, 2020

That’s fraud and breach of fiduciary duty for which you can be sanctioned.

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1 Answer | Asked in Child Custody for California on
Q: What is the last step in finalizing a default custody order

I won sole custody by default and the judge ordered me to file a form to finalize the order but I don't know what to file

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 15, 2020

Not enough information here. Without knowing what you've already filed it's impossible to know what still needs to be filed. Generally, follow these steps: https://www.courts.ca.gov/15870.htm

1 Answer | Asked in Family Law and Child Custody for California on
Q: If moving party served me with a proof of service zoom court Family Law hearing in her name was I properly served .

Our court hearing is set for June 4 @9:00 am.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 1, 2020

You were not properly served because I party to the action cannot be the person who serves the papers. However, as your hearing is in 3 days, there's nothing you can do about it. I wouldn't risk not "showing" up at the hearing simply because you were not served properly. You... Read more »

3 Answers | Asked in Family Law for California on
Q: I am responding to an Ex-Parte in family court, do I have to serve the other party with my response before the hearing?
Tobie Brina Waxman
Tobie Brina Waxman answered on May 18, 2020

That's a really interesting question during this Covid-19 time in our lives. Generally, when you have an ex parte application hearing, you hand the other party your moving papers the morning of the hearing. I expect you still need to do that, but I wonder what precautions can be taken to... Read more »

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1 Answer | Asked in Divorce for California on
Q: I am 60 years old and have been married for 36 years. 4 years ago my husband told me he didnt want to be with me anymore

3 years ago, he moved out of our apartment and into a duplex with our daughter and her 2 small children, and I have been living in my car. I recently got a job, but I don't make enough to pay rent for a place to live. Meanwhile, my husband now lives in a huge 4 bedroom 2 story home with our... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on May 13, 2020

You don't have to wait for him to file. You should file for divorce and concurrently file a Request for Order for spousal support. The longer you go without his support, the stronger the assumption will be that you do not need it. Don't wait. I do not believe we, as lawyers, are... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hi , I have visitations with the mother of my kids. She’s not letting me see the kids due to Covid-19, what can I do?

I have visitations on Saturday and Sunday 10am-12 pm . She told me that the only way I could see them if I do a Covid-19 test which I did and it came out negative. She’s requesting for her to see results or else I won’t be able to see the kids. What can I do?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 6, 2020

There is no legal authority for using Covid 19 as a reason to violate custody/visitation orders. She is in the wrong. However if you got tested and you know the results are negative, why not just let her see the results so you can see your kids. Once the courts reopen, you can file a motion to... Read more »

2 Answers | Asked in Family Law for California on
Q: How would a grandparent, with the parents cooperation, go about getting guardianship?

There was an incident and the child is currently in their care. The goal being not to separate parent and child entirely but to give the grandparent some sort of legal claim to the child. As their parent for various reasons cannot care for them properly and need not be the sole decision maker.

Tobie Brina Waxman
Tobie Brina Waxman answered on May 4, 2020

https://www.courts.ca.gov/1212.htm

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2 Answers | Asked in Family Law for California on
Q: How can i modify the exchange location for my sons visits with his dad?

We have an order in place stating my residence is the exchange point. Dad is starting to bring drama to exchanges. He's starting to record the exchanges. He's threatened to "cause a scene" at my home, not sure what he means but i dont want to find out. I've suggested to him... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on May 4, 2020

Existing orders are what they are until they can be modified. In the meantime, perhaps you can get a friend or neighbor to come over during exchange times. This person should not interfere or talk to either party or the child during the exchange, but can act as a witness to whatever antics Dad... Read more »

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2 Answers | Asked in Family Law for California on
Q: If my ex wife gets married to a woman, do I still have to pay Spousal Support?
Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 29, 2020

Spousal support usually ends when the supported spouse get remarried. The gender of the new/subsequent spouse is irrelevant.

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1 Answer | Asked in Divorce for California on
Q: Divorcing Spouse won’t share his retirement and says he’ll come after my cal pers death benefit from my mom if I contest

Can a spouse legally take my cal pers monthly benefit that was set in motion long before we were married? I understand yes if it’s my retirement and I’ve paid into it but it’s my mother’s retirement that she left me when she passed away in 1990. My spouse says if go after any of his... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 24, 2020

As the benefit being paid to you is by inheritance, it is separate property and therefore not subject to division in your divorce. The monthly benefit paid to you however, can be used as income for purposes of calculating spousal support. If you are legally entitled to a portion of his... Read more »

2 Answers | Asked in Divorce for California on
Q: Married but separated over 10 yrs can I get a dissolution what's best way for me to go

We have no kids or property together

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 27, 2020

You can get a divorce at any time for any reason. The passage of time has no impact on how you proceed. You can use the court's self-help link or hire an attorney to handle the matter for you. http://www.courts.ca.gov/selfhelp-divorce.htm

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1 Answer | Asked in Family Law for California on
Q: Can you help me answer this question?

You are a paralegal working at the law office of Daniel Britton, Esq. At a Halloween party, you begin talking to a 16-year-old guest. The guest tells you he is having troubles at home. You tell him about applying for emancipation and explain how it is accomplished. You also give him your business... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 26, 2020

Unfortunately, paralegals are not held to the same ethical standards as licensed attorneys. Paralegal's actions may have been stupid, but not necessarily actionable.

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can you sue if a Technician ruptures your eardrum when your getting an MRI done?

My Mom went to go get an MRI done & the Technician shoved the earplug in her ear so hard that it ruptured her eardrum causing her to have to go to the ER straight from the MRI place.

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 17, 2020

Maybe. How do you prove that it was the force of the technician that caused the rupture? Do your mom's medical records reflect this?

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