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Questions Answered by Tobie Brina Waxman
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I have been the sole provider for child an husband keeps kid over summer an files divorce an wont let me have her back

He won’t let me see or hear from her an he filed for full custody we live in separate states

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

You need to retain counsel in the state where husband filed. It is unfortunate that you did not take any legal action as soon as you were on notice that husband was not going to return your child after the summer break. Don't waste any more time. Use the "find a lawyer" link at the top of the... Read more »

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2 Answers | Asked in Family Law and Child Custody for California on
Q: I need to file FL 305 per the judge request but have not seen my daughter over a year ago, what happens next?

I have not seen my daughter since a year ago when her mother took her away from me, my daughter is afraid of me now and the judge is aware that her mother had been coaching her and put her against me. Since my daughter doesn't want to see me how can I get her back. Is it instant after I file or do... Read more »

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

Based on the questions you are asking here and your reference to FL305, it sounds to me like you don't really know what you are doing, how to achieve he result you want or why you were asked to complete an FL305. The best way to get the kind of help you clearly need is to hire an attorney to... Read more »

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1 Answer | Asked in Divorce for California on
Q: How much child support and alimony support should I get after 18 years of marriage?

I am separated from my husband and we are going forward with a divorce. Currenrly he is paying child support and alimony but taking out taxes and medical. I’m unsure of how it’s calculated and what my rights are

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 4, 2019

The calculation for coming up with an amount for child support is done using a computer program called Dissomaster. There is a free version available here: https://childsupport.ca.gov/guideline-calculator/ Dissomaster can be used to calculate spousal support before judgment is entered.... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for California on
Q: i was to submit a motion for summary judgment but i was told to file a declaration of undisputed facts why?

I lost a default judgment to A SET ASIDE because of faulty proofs of service however I have a CHANCE TO WIN BASED ON THE MERITS OF THE CASE BUT THOUGHT TO FILE A MOTION FOR SUMMARY JUDGMENT BUT AM TOLD I HAVE TO FILE A DECLARATION OF UNDISPUTED FACTS WHY ?? I AM THE PLAINTIFF AND HOW DOES ALL... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 4, 2019

Review California Rules of Court, Rule 3.1350 - 3.1354, and Code of Civil Procedure 437c. A motion for summary judgment must include some type of evidence, which may be in the form of a declaration, that establishes for the court that there are no defenses available to the defendant and that you... Read more »

1 Answer | Asked in Child Custody for California on
Q: My visitation has been denied by my exhusband the past 3 years.

My visitation has been denied by my exhusband the past 3 years. I purchased a plane ticket for my Christmas visitation this year and he says it doesnt comply with the order. I followed the order. He says the airport needs to be in his home town but it says 60 miles from Cumberland county. The order... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 3, 2019

You need to ask this question of attorneys licensed to practice law in the state in which your court orders were issued.

1 Answer | Asked in Child Custody for California on
Q: is the father of my child able to just come around whenever and demand when he can see our daughter ?

he lives in nevada and my daughter and i live in california. he never calls or anything to check on her, but whenever he comes to california he just demands to see her. he’s always rude and never offers to help pay for anything involving our daughter, and i like to think i’m very understanding... Read more »

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

It sounds like you don't actually have any custody/visitation orders (and child support) issued by the court. If you want to get some control and predictability over the situation, you should get formal custody/visitation orders. You can start by filing a petition for parentage and a request for... Read more »

1 Answer | Asked in Divorce for California on
Q: Can my wIfe take half my house in a divorce even if I owned it before our marriage and paid for all the additions

Bought the house in 1983, married in 1990, added 2nd story in 1992, upgraded original floor in 2004 all with zero financial support from her. Refinanced many times but with just my name on the title. Do have a current HELOC under both names.

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

Because you purchased the house before the date of marriage, it is your separate property. The community acquired an interest in this property resulting from mortgage payments and improvements made during the marriage. That interest is not necessarily equal to 50% of the home's total value.

1 Answer | Asked in Divorce for California on
Q: Hi, I want to get divorced, but I am afraid of what's next. I don't make enough money to pay the mortgage or rent..

I think my husband will be difficult to talk to once we start this process. We bought a house together but it's not paid off. I only make about $1500 a month right now. Would the kids and I be able to stay in our house? I want to have equal custody rights, though I will probably be with the kids a... Read more »

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

Once you file for divorce you can request temporary orders for custody, spousal and child support to assist you while the case is pending.

1 Answer | Asked in Family Law and Child Support for California on
Q: My sons daddy messages me tells me he needs to get a passport, but cant get one because he owes 200,000

Ask me to call child support and ask to get lower payment or waive...what legal can he do about his back payments

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 19, 2019

He can get on a payment plan and ask CSSD to reinstate his passport application rights. See https://cssd.lacounty.gov/reduce-my-debt/. While this is a link to Los Angeles County's program, CSSD is a statewide entity and likely has this same program (aka COAP) in county where Dad's child support... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I went through IVF with my girlfriend and she gave birth to our son(her embryo) i want to separate & want joint custody

what rights do I have to the child?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 19, 2019

How old is the baby now? Do you live with them? Have you held yourself out as this child's father since his birth? Are you the biological parent of this baby? Please feel free to contact me directly to answer these questions. tobie@twaxmanlegal.com

1 Answer | Asked in Family Law and Child Custody for California on
Q: for 4 years now my son currently lives with his dad because of work schedule and was moving from different places

I am now married and bought a house and flexible work schedule as of February 2018,i am Afraid my sons dad will not let my son live with me, he thinks I abandoned him when I see him every other weekend and provide for him too

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

Don’t leave it up to the Dad to decide whether you can see your child. File a request for order with the court and try to work something out with the Dad at the pre hearing mediation.

1 Answer | Asked in Divorce for California on
Q: My divorce attorney never went to court for me, never filed anything on my behalf, only collected money from my ex!

Can I sue for Legal Malpractice? I have already been assigned an investigator by the state board of ethics. My lawyer never filed for Alimony although I was a housewife for 19 years. My ex-husbands Anuity and retirement is to be split equally between us yet I have not received anything as of... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 10, 2019

Wait to see what the outcome of the ethics committee investigation is.

1 Answer | Asked in Child Custody for California on
Q: Child support question. In state of California. Youngest child turns 18 in 2 days.

There is an existing order and wage garnishment in place. The balance of back child support is in excess of 49 thousand dollars, will his wages still be garnished after she turns 18? If not how does that balance ever get paid off?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 9, 2019

Support for the 18 year old should end when he graduates from high school, not just on the reaching of age 18. The arrears however, continues to be owed until it is paid off. The wage garnishment can continue for that purpose. You could even go back to court and get the garnishment amount... Read more »

1 Answer | Asked in Divorce and Health Care Law for California on
Q: I am filing divorce papers and my spouse is threatening to remove me from his health insurance during open enrollment

Is there anything to stop this?

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

Once you file for divorce and serve him with the summons and petition, he will subject to the temporary restraining orders that are listed on the second page of the summons. Once he is served with the summons he will be restrained from removing you from his insurance. That's your protection, so... Read more »

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.

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