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Questions Answered by Tobie Brina Waxman
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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Do I have to take my child home to their mom if I have to pay child support- Does it establish custody?

I am paying child support and have been considered present less that 10% of the time. However, my child’s mother does not want to give my child to me. She only drops her off when convenient and will not give her to me even on my days off. Instead she drops them off at a caretaker and says my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 19, 2021

Sounds like you are paying support without any enforceable court orders regarding custody. If you want custodial time with your child, you need to petition the court for those orders. Otherwise, Mom can pretty much do whatever she wants.

1 Answer | Asked in Child Custody, Child Support and Civil Rights for California on
Q: My 6year old child's father has had no contact entire life + no custody order exists. Never married wont give him back

Recently my sons father contacted me for the first time after not having heard a word from him three years and wanted to see my son. Prior to this he had only seen him twice when my son was three and then went to prison for two years. Legal paternity has not been established nor is his name on my... Read more »

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

You open with saying that no custody orders exist. If no custody orders exist then what the father is doing is not in violation of any court orders. That's why the police can't help you. File a parentage action and ask for sole legal and physical custody. Concurrently with your... Read more »

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Can you take a spouse off the mortgage before filing for divorce?

My spouse has paid nothing for or to this house and I would like to remove them before filling for divorce. The bank still owns the deed and we are together on the mortgage but I pay everything. We've been in this house for 20 months.

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

You can't just remove someone's name from a mortgage (home loan). To remove someone from a home loan you have to refinance the loan. You would then need to sign a new Deed and your spouse would have to sign it too.

1 Answer | Asked in Divorce and Family Law for California on
Q: What are the chances if gaining permanent spousal support in California?

We were married in 9/95 and separated in 8/2019. My spouse is 71 and I am 68 we are both retired and collecting a pension from a local government pension and social security. My husband gross income is approximately $117,000 mine is $58,555. What is the liklihood of asking and receiving spousal... Read more »

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

The simple answer is that a supported spouse may be entitled to spousal support for an indefinite period as long as the marriage lasted more than 10 years. There are however, several statutory factors that are taken into consideration when determining not only the amount of but also the duration... Read more »

1 Answer | Asked in Divorce for California on
Q: My spouse is demanding spousal support. We have no assets or debts. Do I have to pay her anything?

Our marriage lasted approximately 2 years. She is demanding more than 1 year of support in the amount of 1400 per month. I have no idea how I can afford to give her any money. I am in a relationship with someone else now and expecting a child with her in 2 months. I gross approximately 130 K... Read more »

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

There is no legal obligation to pay spousal support in the absence of a court order. You were married 2 years. She is potentially entitled to support for 1 year. There are several statutory factors that go into the determination of whether spousal support is appropriate in any particular case,... Read more »

2 Answers | Asked in Divorce for California on
Q: Am I entitled to earnings from an inheritance if I'm getting divorced? Money has never been commingled in our accounts.

The money is in the stock market and has never been removed. He has accrued earnings from his initial inheritance. Am I entitled to half of his earnings from the inheritance?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 5, 2021

Inheritance and earnings on that inheritance are separate property.

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1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I fight for physical custody of my children while there’s a guardian in place and a termination trial ?

How do I win termination I was never served with this guardianship they pushed back the evidentiary hearing three months which makes one year and she can adopt my kids

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

This is a very serious and legally complicated issue. This Q&A forum is not the proper avenue for you to get this type of legal advice. You need to consult with an attorney directly.

1 Answer | Asked in Divorce for California on
Q: My wife purchased and built the house while we got married. We have been married 16 years.

Am I entitled to any of the assets?

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

If the house was purchased during the marriage (i.e. after the date of marriage and before the date of separation), it is community property. If she can trace the funds used for purchase to a separate property source, she may be entitled to reimbursement of those funds before the community's... Read more »

1 Answer | Asked in Child Custody for California on
Q: How I can remove parental rights or receive full legal custody on my child.

My child’s father is on her birth certificate, I applied and received child support, but he never been in her life. The last time he saw her is when she was 5 months old, she is 12 now. The problem is that he refusing to sign any documents requiring his signature, I need to get her passport and... Read more »

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

Your file a petition for parentage and ask for custody orders, or you can file a separate stand-alone petition for custody. I'm assuming 1) you were not married to the father; and 2) there are no existing custody orders in place. If there are custody orders in place, then you need to amend... Read more »

1 Answer | Asked in Family Law for California on
Q: How can you protect sensitive information on settlement agreements?
Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 12, 2021

Depends on what you are talking about. If you don't the "sensitive information" in the settlement agreement, then don't include it. For example, when I draft judgments, if a bank account is being divided or turned over to the other party, I only include the last 4 digits of... Read more »

1 Answer | Asked in Divorce for California on
Q: Hello, My spouse filled divorce and I never responded. He never proceeded. I want a divorce. What can I do

He filed a year ago and has no desire to finalized the divorce.

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

You don't need his permission to proceed on your own. Respond to the Petition and proceed with the other steps necessary to bring the matter to a close. If he does not cooperate, then file motions to compel and request a trial setting.

1 Answer | Asked in Divorce and Family Law for California on
Q: Want to modify my support payments to ex when I retire. She got house, I got 401k

Marriage was for 22 years, been divorced since 2009 (12 years). Resident of California at time of divorce, moved out of state since. In divorce wife was awarded the family home and spousal support. I was awarded my 401k retirement. I wish to retire in a year when I turn 65. My plan is to live off... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 28, 2021

Assuming your case was vented here in California, if your retirement impacts your monthly income available for support, you should file a Request for Order re modification of support based on that change in circumstances. In terms of your 401k distributions, income is income for purposes of the... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I move more than 100 miles away, not out of state, without the fathers permission? We are not married.

We are not married and never have been. For the most part the father has been absent during the pregnancy and begged for an abortion/ adoption. The father will not be on the birth certificate. I plan to move to Fort Bragg in two weeks where I will have family support, less bills and will overall... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 9, 2021

If there are no custody orders in place (i.e. signed by a judge and filed with the court) and no petition for custody or visitation have been filed, you are free to move wherever and whenever you want.

1 Answer | Asked in Family Law for California on
Q: Is it okay not to list community and separate property on a legal separation petition?

My paralegal says it's common to leave it to be amended at a later date. Is this true? Both parties are in agreeement for the division.

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 9, 2021

Usually, when I'm preparing a petition and I don't know the extent of separate and community property, I will say so in the petition and also state that that information will be obtained during pre trial discovery. However, if you DO know, i.e. you can create such a list, there's no... Read more »

1 Answer | Asked in Family Law for California on
Q: do you still have to pay child support if she graduates at 17?
Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 5, 2021

Yes because she is still minor. If she happens to graduate from HS before she turns 18 you continue to pay child support until she turns 18.

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