Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Divorce for California on
Q: I've been married 11 years and moved into my husbands house at that time. Am I entitled to any appreciation of the home?

Only his name is on the title to the property.

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 21, 2020

Whose name is on title is not the issue. If the house was purchased by your husband before you two got married, that house is his separate property. If during the marriage mortgage payments were made, the assumption would be that those mortgage payments came from community property income. The... Read more »

1 Answer | Asked in Child Custody for California on
Q: I have a opening child custody case approaching do not have court date as of yet I am seeking 50-50 joint

Physical custodyHope to get soul custody of three-year-old son she has been with holding him from me for seven months I feel this is unfair even though I pay child support

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

It does not appear that you have asked a question here. What is your question?

1 Answer | Asked in Family Law and Child Support for California on
Q: I'm behind on child support for about three years now. I was lost in life and didn't really care about anything.

I know that by know I might have an arrest warrant. Can I get a lawyer to remove arrest warrant and start making my monthly child support payments and payments on money I'm behind with? I just need to start all over on my child support. Pay my monthly payments due and give payments on child support... Read more »

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

https://childsupport.ca.gov/overview/debt-forgiveness-program-coap/

1 Answer | Asked in Child Custody for California on
Q: how can i go about asking judge for full custody. currently have 50/50 custody. my child has been neglected in may ways.

over 20 unexcused school absence/ 30+ tardies, poor hygiene, welts, bruises and bald spots on scalp. child has express to me that mother makes her responsible for feeding and caring for two younger siblings ages 2 and 1 , while shes out of the house. my child is only 10 years old.

dont... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 5, 2020

How can you share custody 50/50 with someone if you do not know where they live? If you have evidence of the problems you have listed, it would supply the grounds for a motion to modify custody orders and/or to get the court to order a custody evaluation that may result in you getting the full... Read more »

1 Answer | Asked in Divorce for California on
Q: When filing a divorce what happen if the man was an still married an remarriaged
Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 5, 2020

You need to re-ask your question using complete sentences. The question as phrased is unclear.

3 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: If i file for Child support against ex, does he still visitation rights if he's abusive?

Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file for... Read more »

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

Anything is possible. Whether his request for visitation is granted depends entirely on how you draft your documents and what evidence you present to the court that Dad having visitation or custody is not in the child's best interests. To make sure you present your evidence properly and prepare... Read more »

View More Answers

1 Answer | Asked in Child Custody for California on
Q: In a child custody case, would the parent who can only afford to rent a room automatically be the non custodial parent.

Daughters husband left her while pregnant. They have a two year old as well. He makes less than a third of what she does and rents a room. He also has a girlfriend who stays over. The two year old is a boy. It would seem to me that environment of a rented room in a stranger's house would not be... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 2, 2020

As long as the child would have his own bed in Dad’s home, the court is not going to deprive Dad of custodial rights simply because he can’t afford a bigger place.

2 Answers | Asked in Family Law for California on
Q: Can someone please help me with immediate advice on how to attain virtual visitation rights with my daughter?

My ex and I had our daughter as teenagers. I took on all of the responsibility. I went to work full time. I was in high school still as well. Then I became wrapped up in drugs and stayed away to keep my daughter safe. But I have been clean and have a very stable life for nearly 4 years now. He will... Read more »

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

It looks like you are posting this question from Washington; not California. It also sounds like you do not have any existing custody/visitation orders in place. If you want such orders, you will need to file a Petition for Parentage and custody/visitation and file concurrently, a Request for... Read more »

View More Answers

1 Answer | Asked in Divorce for California on
Q: My wife and I are divorcing and it is amicable. We have property, and have settled on how to proceed.

We have adult children and a home. We are in agreement on how to split the equity

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 30, 2020

It does not appear that you have asked a question here. What is your question? Are you seeking legal representation? If you are looking to hire an attorney, use the "Find a Lawyer" link at the top of the page. Good luck.

2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for California on
Q: I'm wondering if the following would be grounds for a malpractice/personal injury suit:

we had a failed IVF cycle at a clinic that was a terrible experience from start to finish. Since then, another doctor told me that the treatment (starting stimulation on day 21, retrieval on day 7/8) "makes no sense", and others have seconded this. I've asked the clinic why this was done this way... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 30, 2020

In the absence of injury, you cannot maintain a medical malpractice case. There must be an act of negligence that is causally related to an identified injury. If this failed cycle of IVF reduced your chances of success with subsequent cycles or attempts, then maybe you have a basis for a lawsuit.... Read more »

View More Answers

1 Answer | Asked in Child Custody and Child Support for California on
Q: If a father owes back child support but is paying child support now can he be denied visitation rights ?

Planning on putting in the paper to ask for visitation. We have an agreement through child support but she's making it difficult to see them

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 29, 2020

Absolutely not. Paying support has nothing to do with whether a parent can or should have visitation or custody of their children.

3 Answers | Asked in Family Law for California on
Q: In California, can I do a summary dissolution without my husband's participation? We qualify for one.

He is angry and even though he wants to divorce, he won't sign anything. We've been married two weeks

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 28, 2020

Summary Dissolution is done on a joint petition. So no, no you cannot apply for summary dissolution without your spouse's participation.

View More Answers

1 Answer | Asked in Divorce for California on
Q: Must I share inheritance that we knew nothing about at time of final divorce in 1993? I learned of inheritance in 2017.
Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 28, 2020

Inheritance is by law, separate property. Further, if you received the inheritance after the date of separation, it is even more so separate property.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for California on
Q: My mother died and left no will now my sibling tell me I have to move what are my rights
Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 20, 2020

If your mom did not leave behind an estate plan; specifically a living trust, the estate will go through probate, assuming it carries an overall value in excess of $150,000. Whether probate is necessary however, does not change your rights. Without an estate plan, the estate passes via intestate... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: How can I get custody of my niece who is mentally abused by her mother. The father is in the picture.

The father is in the picture and wants to keep a family unit so he puts up with it, he is mentally abused too. My sister has mental issues and refuses help. She is narcissistic and toxic. My niece has severe anxiety and sometimes she can’t breathe due to it.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 20, 2020

You do not have legal standing to get custody of your niece. If you mean "legal guardianship", Dad being in the picture would be an obstacle and your request would likely be denied. If you believe your niece is really being abused, my suggestion would be to contact child protective services and... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Divorce for California on
Q: Does a waiver of right to collect benefits under each parties retirement plan mean contribution made during the marriage

Specifically in California what does the following clause, as written, mean as far splitting retirement accounts in equitable distribution?

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if... Read more »

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

It means in the event of a divorce, each party retains their respective retirement benefits as their sole and separate property without any sharing with the other party. This clause is contingent upon the parties executing a waiver with the retirement plan/plan administrator of the retirement plan.

1 Answer | Asked in Child Custody for California on
Q: My fiancé case is in California, but his daughter and the mom moved to Kentucky. How can he see her he pays CA support.

CA, he was served a day before when the order went threw to take custody away on CA he was in the military. Judge made a bad decision. He pays support but the mom refuses any contact with him. His daughter cries because she misses her dad. Im not sure if we need two lawyers or we’re do we start?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 14, 2020

Depending on how long the child has been living in Kentucky, Dad should consider hiring a lawyer in California to file a motion to transfer venue to Kentucky so he can seek modification of custody/visitation orders. He can then address the support. Once the case is transferred to Kentucky, he... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can he kick me out without help like trash when i have depended on him for 15years

I have been a stay at home mom for 15 years and now boyfriend decides that he is done kicks me to the street. he is keeping the kids from me and acting like he does not have to help me can he kick me out

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 8, 2020

You have parental rights. You have the right to custody and/or visitation. If you want those rights adjudicated; i.e. to get a court order, you will need to file a parentage action (aka paternity) and request child custody orders and support. As a co-habitant, you do not have the same rights as... Read more »

2 Answers | Asked in Family Law for California on
Q: I'm a VA disability recipient at 100% does spouse get that money for spousal support
Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 2, 2020

VA disability benefits are not considered community property, but are considered income for purposes of calculating support.

View More Answers

1 Answer | Asked in Divorce for California on
Q: Hi , my name is Jessica , I got married in 2002 and I have been separated from my husband since 2007 I believe

I haven’t heard from him since my daughter told me he was abusing her , I called the police and put a report but they never found them , I have a 17 year old son that is his son and he never support him since he left , all this time I always wanted to get a divorce but I’m afraid I don’t want... Read more »

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

You don’t have to see him to file for divorce. Where you got married is not determinative of where you file. You file where you live.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.