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Questions Answered by Tobie Brina Waxman
2 Answers | Asked in Divorce for California on
Q: My divorce is almost complete, I don't want her to use my last name anymore, how do I do that, is there a certain paper?

I just turned in my "Schedule of Assets and Debts" paperwork...

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

You can’t force her to change her name.

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3 Answers | Asked in Child Support and Divorce for California on
Q: I am recently separated and I need to file for divorce.

I left my husband after 8 years of marriage and 11 affairs. I tried everything to fix my marriage including marriage counseling but it was irreparable. We split 50/50 custody of my 3 kids, (ages 12, 11 & 5) I don't receive any monetary help from him but I am struggling to make ends meet.... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

Yes you do. How much that will be depends on numerous statutory factors. For spousal support it depends in part on lifestyle during the marriage, the income of each party, incomes during the marriage and how much each spouse contributed to maintaining the lifestyle to which you became accustomed... Read more »

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1 Answer | Asked in Child Custody for California on
Q: If I have 50% custody of my child can my significant other keep her away from me and in hiding
Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

Of course not. If you had even 1% custody of your child it would not be appropriate for the other parent to keep the child from you or to hide her.

1 Answer | Asked in Family Law for California on
Q: Husband and I signed a notarized separation agreement, but we didnt file separation. Is this agreement legal?

If husband suddenly stops sending me money as we agreed, can I ask a lawyer to help me sue him?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

The question isn't whether it's "legal", but whether it is legally enforceable. While it's not enforceable as a court order, because it is not a court order, it could be enforceable as a legally binding contract. Without seeing the document it is impossible to say whether... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for California on
Q: My ex wife is pregnant, and she just moved back to GA from CA without my consent, I want to file for divorce

But she isn’t due until thanksgiving, how do I go about getting the process started? I make roughly 130k annually, what will I be expecting for child support?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 9, 2020

1) she does not need your consent to move to GA; 2) not enough information here to predict for you what you will be required to pay in support. The calculation takes into account both parties' income and the percentage of time each party has custody of the child. You can proceed with filing... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: wife filed separation in 2000. Court motion =dismissed failure to prosecute how do I get the separation 2000 be ordered
Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 2, 2020

The case was dismissed. If you want a divorce or legal separation you will need to file a new petition

1 Answer | Asked in Divorce for California on
Q: I am a beneficiary of a trust that owns real property. Does that preclude me from seeking a summary dissolution?
Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 26, 2020

Assuming you have not yet inherited that property and therefore do not own that property, your status as a beneficiary does not in and of itself preclude you from seeking SD.

1 Answer | Asked in Child Custody for California on
Q: Is my old custody agreement still valid?

I divorced my ex-wife and we came to a custody agreement which we followed until we got back together. We never got remarried and were only living together and dating. I also had another child with her after the old custody agreement so I know he's not covered by it.

Things aren't... Read more »

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

What kind of an agreement are you talking about? Was this a stipulated court order, or just an informal agreement between the two of you. If it was not made into a court order or judgment it was never enforceable to begin with and is not enforceable now. If you want something enforceable, you... Read more »

1 Answer | Asked in Family Law for California on
Q: Will an existing custody/visitation agreement change if I move to another state?

I have sole physical custody and share legal custody, my ex currently lives in another state and I am thinking about moving out of California to another state not near him.

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

Court orders do not change until someone files a motion to have the orders modified. If you move and do nothing with respect to your existing court orders, they will not change.

1 Answer | Asked in Family Law and Child Support for California on
Q: How is it that the interest on arrerrages can total over 4k per month?
Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 17, 2020

Unpaid child/spousal support shall accrue interest at the rate of ten percent (10%) per annum. What you owe is the principle debt plus interest. How much you owe depends on what the principle debt is. 4k does sound a bit high, but I have no idea how much you actually owe as arrears and what you... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a California Family Code that specifically mentions that VA Disability can be used to calculate alimony?

My VA Disability has been used as "income" in calculating alimony due to my ex-wife, but I cannot find a California Family Code that specifically mentions that VA Disability can be used in the computation of income. I have found other codes that mention "income" (which... Read more »

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

Authority is not found in the Family Code. The Uniformed Services Former Spouses' Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. The provisions of Title 38 make it clear however, that Congress intended that VA benefits may be... Read more »

1 Answer | Asked in Divorce for California on
Q: My divorce was final in 2008 spouce is still on the deed of home hasn't paid for anything since what is she intitled to?
Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 21, 2020

She is entitled to whatever she was awarded in the Judgment. If you were awarded the property, it's still yours. If you want her off the deed, you will need to refinance.

2 Answers | Asked in Divorce for California on
Q: In CA when turning in Petition-Dissolution of Marriage/Partnership (FL-100) what other papers need to be filed with it?

Do I have to turn in a Property Declaration Form (FL-160) or will we be able to discuss that in mediation? I haven't turned in any papers to the court yet so I do not have the initial court date to start the process. I know the papers have to be seen by a judge in order to have a court date... Read more »

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

If you plan on representing yourself and not using an attorney, you can review the court's on-line self help library. https://www.courts.ca.gov/selfhelp-divorce.htm Otherwise, to get it done right the first time, I recommend you hire a family law/divorce attorney to handle the matter for you.

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2 Answers | Asked in Divorce for California on
Q: Do I have any rights to claim a % of an irrevocable trust where my husband is the beneficiary?

The trust was set up by his parents

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 10, 2020

Inheritance is the separate property of the beneficiary.

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1 Answer | Asked in Civil Litigation and Family Law for California on
Q: I have a family law case in which went to a 730 evaluation which took 8 years. We are no longer married .

My ex, his mother and girlfriend stole my house and business. Bigamy was not even a second thought to them. purjury was a every hearing thing for my ex. Never went back after my daugther and i reunited. What do i do now??i have never been heard. I need help

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

The status of your case is not clear. You say you had a 730 evaluation and you also say you are already divorced. You also say you and your daughter are "reunited". What do you mean "what do I do now" and what do you need help with? Did you get custody of your daughter in... Read more »

2 Answers | Asked in Child Custody for California on
Q: I need help getting my sion back from his dad. I have custody.

His dad has denied me any contact in 9 months. I raised our son by myself his whole life. His dad was rarely around. His dad cancelled two trips he had set. Up to come back home saying its because of covid and we will have to wait until theres a cure to see my son. Am told my son wants nothing yo... Read more »

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

If you do not already have court orders related to custody of this child, you need to file asap. It's not stated in your question what your relationship status is, i.e. whether you are married to the other parent or whether this would be a parentage action.

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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 »

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