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Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Divorce for California on
Q: Advice Needed: US citizen divorcing a UK citizen

I am a US Citizen who moved to Northern Ireland in November 2011 to marry a man I'd been in a long distance relationship with for three years. We married November 22, 2011 at a Council building in Larne, County Antrim. We lived together as a couple until July 19th, 2021 when we separated. I am... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 15, 2021

It looks like you posted this question from Massachusetts, but posted for attorneys in California. Assuming that you are in California, as long as you meet the residency requirements, you can file here. The residency requirement for filing for divorce in California are that you have lived in CA... Read more »

1 Answer | Asked in Family Law for California on
Q: can child support arrears be dismissed or reduced in california

my ex owes me 65,000 in child support arrears and 150,000 in spousal support arrears. both children have already emancipated and are in college. he has stopped paying spousal support over a year ago and only benn paying 200 in child support arrears. the original order was for 4800 monthly before... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 11, 2021

You can obtain a new wage assignment order. Child Support Services (DCSS) can assist you with this at no charge.

1 Answer | Asked in Family Law for California on
Q: If I have full physical and split legal custody of our son, what rights does my ex have re: medical or school decisions?

My husband has wrong thinking when it comes to education and medical institutions. We are heading towards a divorce. I want to ask for the right level of custody that will both allow him to be involved as a father but prevent him from being able to make harmful decisions regarding our son.

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 1, 2021

You can draft your judgment to put limits on legal custody. For example, you can give yourself "tie-breaking" authority, and/or include language about reasonableness of decisions or of withholding or denying consent to education or medical care.

1 Answer | Asked in Child Custody for California on
Q: Question about custody

I have joint custody of my 2 kids we are not going bye the court order we agreed kids can choose where they want to live so the 8 year old lives with me the 11 year old lives with her I moved to redding 1 year ago my 8 year old has been enrolled in school here on medical here in shasta county doing... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 30, 2021

File a request for order for modification of your existing orders.

2 Answers | Asked in Child Custody for California on
Q: Court was canceled 2day was custody and visitation. How can I get visitation if the other parent has the child
Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 30, 2021

File a request for order for modification of your existing orders.

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1 Answer | Asked in Divorce and Collections for California on
Q: How to renew a judgment

My x husband didn't pay me what the judge had ordered him to pay in our divorce

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 27, 2021

You don't need to renew your judgment. What you need is to enforce it. You need to find an attorney who does collections or judgment enforcement proceedings/procedures.

1 Answer | Asked in Family Law for California on
Q: 2005 order carry over to a 2015 order when all that was changed was CS and Visitation? More details below.

I have a court order from 2005 that states I may claim my daughter for tax purposes only as a non custodial parent. In 2015, I was back in court for changes on visitation and child support payments. Does the 2005 order of tax claiming still carry over onto the 2015 court orders? The topic of taxes... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 15, 2021

Court orders remain in full force and effect until/unless they are modified. If the 2015 order did not modify the 2005 order with respect to the tax exemption, then that part of the 2005 order is still in effect. Without actually seeing the orders however, I cannot say this with absolute... Read more »

1 Answer | Asked in Divorce for California on
Q: I'm on step 3 I believe of my divorce. We have two minor children. I'm not requesting any child support, spousal support

I'm not requesting any kind of support (child or spousal) the father can visit when he can. Is there a form I complete or no?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 14, 2021

I'm not aware of the step designations you are referring to. i.e. what's step 3? It's not clear what you have done so far in your case or what the status of your case is at this point. When the parties are ready to submit a proposed judgment, you two can stipulate regarding... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Hello my name is Robert. I received a letter from the dmv saying my license will be suspended effective jan 23 2022.

I was laid off last year and just a month ago I just got another job and I'm behind on payments child support how can I get help for them not suspend my license because I need it for transportation to work. My other question is my ex open child support on 2009 in on 2012 my oldest daughter... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 14, 2021

CSSD has a payback program so you can make payments on the arrears. You can also schedule a hearing for yourself on the issue of relief from getting your license suspended. I also recommend you seek a modification and for forgiveness of the debt incurred during the period your 12-year-old was... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I’m a single unwed mother of a 10month infant. What rights do I have if my sons father is taking me to court for 50/50

Me and my son reside in riverside county and I work from home and have had him since birth. His father resides in la county and works full time and is barely home. Hardly sees his son only recently started after filing paperwork to take me to court .he wants to circumcise my son who is 10 months... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2021

Retain legal counsel. You need to make the right arguments, properly submit your evidence and properly cite the law in responding to the father's requests. A 50/50 schedule between two counties for a 10 month old is unlikely going to be seen by the judge as in the child's best interests.

1 Answer | Asked in Divorce for California on
Q: Is a home split 50/50 in a divorce or does the split change based on which spouse contributed more to the home?

If a couple gets married and buy a house together but one spouse puts more money down on the house for instance from the sale of a home they owned prior to the marriage, will that spouse be entitled to what they put down plus half of the gain in equity of the house during the marriage?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 8, 2021

If the down payment can be traced to a separate property source, the spouse making that part of the down payment will be entitled to reimbursement of that down payment. That reimbursement credit will be taken off the top of the sale proceeds (or total equity) before the community's share is... Read more »

1 Answer | Asked in Child Custody for California on
Q: What can I do to get sole custody of my daughter ?

So I live in California and my daughter was living w her dad for the past 3 years in NYC. He’s unable to care for her properly and I feel emotional abuse has taken place due to the unstable household. I don’t feel safe with my daughter in his care so I arranged for my mom to take her until I... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 26, 2021

Sounds like your daughter lives in NYC and has lived there for the past 3 years. California does not have jurisdiction to make any custody orders. You will need to consult with a NY licensed attorney on this matter.

1 Answer | Asked in Divorce for California on
Q: How do I go about getting a legal separation? We've only been married 8 months.
Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 25, 2021

You can either hire an attorney to handle the matter for you or you can use the court's self-help resources. Which option you choose depends on whether minor children are involved, whether there is property to be divided, issues related to spousal/child support, etc.... Read more »

1 Answer | Asked in Divorce and Child Support for California on
Q: I am trying to find out what I would have to pay for child support as well as spousal support?

Is there a way to figure this out?

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 3, 2021

There's not enough information here to provide an answer to your question. You need to call an attorney directly and provide that attorney with yours and your spouse's income information and with your parenting plan

1 Answer | Asked in Divorce for California on
Q: I am trying to get a copy of divorce decree 10 years ago. How do I do it. Divorced in LA county
Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 2, 2021

Go the court's website. https://www.lacourt.org/ldos/index.aspx

1 Answer | Asked in Family Law and Public Benefits for California on
Q: Do I have to sign the case # HF06254872? I felt harassed as her lawyer just attached 271 sanctions. I live in Chico.

It is related to CalPers retirement which we signed agreeing to keep my and she keep her pension in a divorce case 11 years ago. I was served by her son in law, but I still did not sign as I do not know what they wants from me except for my signature for??? I just am afraid that she will go... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 30, 2021

As we have no idea what you are talking about and no idea what it is you are being asked to sign it's impossible to respond to this question meaningfully.

1 Answer | Asked in Divorce for California on
Q: In a divorce, does my ex wife have to pay my debt accrued during marriage if she was never tied to my account in any way

I made all charges to the debt myself and never with her

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 24, 2021

Debt incurred during the marriage is considered community debt. Distribution of debt during a divorce has more to do with each party's respective ability to pay down that debt rather than about who incurred it during the marriage.

1 Answer | Asked in Family Law and Child Custody for California on
Q: My wife can’t get her ex to answer any questions about their kids what can she file to establish a mandatory timeline?
Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 24, 2021

This question is unclear. Mandatory timeline of what? If you are unable to draft a clear question here you would be better served by contacting an attorney directly.

2 Answers | Asked in Personal Injury for California on
Q: Do I have to respond to a intent to sue letter from an attorney asking me to remove a review from yelp and pay fees?

I left a review on Yelp for a daycare and shared my story and now the owner claims I have defamed her business.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 23, 2021

The intent to sue letter is being sent to you as a courtesy to give you a heads up of their plans to sue unless you remove the review. How you respond to it, or even if you respond is up to you. A response is not legally required. You can remove the review and avoid being sued or don't... Read more »

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1 Answer | Asked in Family Law for California on
Q: Can my exes boyfriend take her computer away because she was emailing me?

Documents say you shall not hold back from either party from talking to the kids. We used to do cell phone, my daughter got a computer from school and I noticed she was emailing her mom. So I started to email them when they were at there moms. Then last week the boyfriend took it because she was... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 23, 2021

"Can" ?? There really isn't enough information here. You mention "documents". Are you referring to court orders? It's unlikely that his taking the computer away is ok or acceptable. Without knowing what is in your court orders, it's difficult to say what... Read more »

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