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Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Family Law and Child Custody for California on
Q: I have 50/50 legal and 100% custodial of my son his dad won't all us to get him a passport. What do I need to do

The father does not have a legitimate fear of travel he is strictly disgruntled. What form and how do I file for a motion to get a judge to approve my son getting a passport

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 12, 2022

This forum cannot be used in this manner; i.e. to be instructed on how to practice law. If you do not want to hire an attorney to assist you, you can use the court's self-help link on the Superior Court's website. What you will need is a Request for order either to modify custody so... Read more »

1 Answer | Asked in Divorce for California on
Q: I’m in Ca. I currently have 2 properties. One is a rental I had before I got married my husband is not on the deed or

Loan. Then we have a home together. If I sell my rental then file for divorce do I have to split the proceeds from the sell of my rental in the divorce?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 8, 2022

The rental property is separate property because you purchased it before the marriage. The community may have acquired an interest in that property however, if you made mortgage payments on that property, paid to improve that property and/or refinanced that property at any time during the... Read more »

1 Answer | Asked in Divorce and Civil Litigation for California on
Q: My home in California is in my name only. I bought while married. We live in the home. Can my husband legally take?

He signed a quitclaim deed when I bought.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 7, 2022

Generally, a home purchased during the marriage is community property. Whose name is on title does not change that. A Quit Claim deed also doesn't necessarily change that. It depends on the expressed intent of the parties at the time of execution of that Quit Claim deed and it depends on... Read more »

1 Answer | Asked in Divorce for California on
Q: I was served divorce papers and missed the respond date, discovered a prior marriage still valid. Should I respond?

Prior divorce never went through because the petitioner never followed through

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 22, 2021

Of course you should respond. Hire an attorney. You have a void marriage with a petition for dissolution pending. Don’t self represent.

1 Answer | Asked in Divorce for California on
Q: Hello, my name is Lilia. I would like to know how I can divorce my husband, with whom we do not live.

I want to get a divorce and change my surname for myself and my children. Can you help me with this? Thank you!

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 20, 2021

As long as you meet the residency requirements, you can file for divorce here in California and in the county in which you live. The obstacle is getting him properly served. There are process servers that specialize in international service of process.

2 Answers | Asked in Medical Malpractice for California on
Q: Can I pursue a medical malpractice lawsuit?

I suffered a stroke at 34 years of age approximately 3 months ago due to spontaneous bilateral vertebral artery dissections. I had no significant medical history prior to this event. It was a small/medium-sized stroke in my cerebellum and I continue to struggle with headaches, fatigue, and... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 13, 2021

A delay in diagnosis that results in a lost opportunity to be administered TPA can be the basis for a medical malpractice case. Depends on what your presenting symptoms were and whether stroke should have been considered as a differential diagnosis as soon as you presented to the ED. You should... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I need to know what my rights are as a father who is going through a separation as to custody of my children.

There is a open separation in the courts. The mother believes that I am not allowed physical custody of my children. The reason for the separation has nothing to do with the children. It’s issues between me and her with trust on both sides. But I want to make sure that as the separation goes... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 16, 2021

Generally speaking, both parents have equal rights to custody of their children. Courts favor parenting plans that give the children frequent and continuing contact with both parents. The exception would be a situation in which being with one (or both) parents poses a threat to the health, safety... Read more »

1 Answer | Asked in Divorce for California on
Q: discontinuing alimony

My ex wife has been receiving my alimony payments of $500 for the last 6 years. She will now be in a position that her income is increased considerably as she reached full retirement age and will receive 1/2 of my social security amount.

I would like to discontinue payments since I... Read more »

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

You don't want to discontinue payments without obtaining a court order allowing you to do so. Just stopping payments will put you in violation of existing orders (or your Judgment). You can obtain this order by stipulation between the parties or by filing a Request for Order re Modification... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I was denied a colonoscopy by my doctor in March now I have Stage 3 metastatic colon cancer. Do I have a valid case?

I reported fatigue and constipation to my doctor a couple of months before I found blood in my stool and requested the colonoscopy in March. I found blood in my stool in March and have the symptoms and she denied my request for colonoscopy because she said I was healthy and I do not have family... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 21, 2021

How old are you? Where are you? I notice you are posting from Chicago to attorneys in California. Your age is relevant to the issue of whether your doctor should have considered referring you for a colonoscopy

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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 »

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