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Questions Answered by Tobie Brina Waxman
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.

2 Answers | Asked in Divorce, Family Law, Estate Planning and Probate for California on
Q: In CA. My husband/his ex never filed a QDRO. He died. What do I need to do to get CalPERS to pay me his pension?

He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »

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

You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... Read more »

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1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I continue with my divorce proceedings in Northern California if the divorce was filed in Southern California?

My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »

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

Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: My ex and I have an informal custody plan. I’d like to have a legal one as he often does not honor it. What is step 1?

We have never been married and we live in separate homes. He insists on his time with our son being spent in my home. I would like a formal agreement and for his time with our son to be spent at his home.

I also would like to prevent him from entering my home when he pleases. He has... Read more »

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

It's always recommended that you retain counsel when trying to get enforceable court orders. Check the CA Superior Court website and their "Self Help" link where you will find the steps for getting an enforceable court order for custody and child support. With respect to his access... Read more »

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1 Answer | Asked in Family Law for California on
Q: Can I I get a QDRO as part of my postnup agreement in California. Or can I only get a QDRO with a legal separation?
Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 4, 2021

A Qualified Domestic Relations Order (QDRO) is used to divide property pursuant to the terms of a Judgment of Legal Separation or Judgment of Dissolution.

1 Answer | Asked in Divorce for California on
Q: Divorced couple co-owners of home I stay in home and pay mortgage is he responsible for half of maintenance and Taxes.

The only thing the judgment says is that I pay mortgage no other expenses were mentioned in judgment

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

You say you are already divorced. The answer to your question should be in your judgment. What does the judgment say about who is responsible for expenses?

1 Answer | Asked in Divorce for California on
Q: I was served Divorce papers and I didn’t respond in the 30 days. What should I do at this point?
Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 2, 2021

You should respond. If default has not yet been entered, you can respond late.

1 Answer | Asked in Divorce for California on
Q: Looking for help on filling out the Community Property.

My ex and I have an understanding of who’s responsible for what. He is letting me have the house because I can afford it. I want to know how to write this correctly so this is added to the divorce paperwork and so I don’t have any issues in the future. We also each have a car and he has credit... Read more »

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

This forum is not intended for this type of inquiry. We cannot give legal advice or instructions on how to act as your own attorney. I suggest you call a lawyer directly for a consultation.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I live with my children and fiancé and I’m paying child support.. why is this?

My fiancé and I had twins and we have been together for 8 years and we have another child also I was wondering why child support is being taken out of my check since I’m at home with them providing shelter, clothing ,food and ect.. they’re garnishing 1600 a month from my checks and here’s... Read more »

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

Not enough information. Why is what? A lot more information is needed to be able to answer your question.

2 Answers | Asked in Divorce for California on
Q: Hi my name is Lory, I don’t know where to start on how to file a divorce, I want to put an end to my relationship.

We are separated many years already, he moved in with me and my kids from LA, first I agreed to him moving in with us, knowing that he already moved on and accepted that it’s over between me and him, but now i am having trouble living with him, I just want to be free from him legally but I... Read more »

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

You can file a request for order with the court asking for an order that your spouse pay or contribute towards your legal fees. If you insist on representing yourself, the Superior Court has a self-help link on its website. https://www.courts.ca.gov/selfhelp-divorce.htm Good luck.

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1 Answer | Asked in Family Law for California on
Q: My elderly ex wife is on the road in her boyfriends RV. The court refuses to say they are cohabiting.

The judge accepted her verbal word over printed certified documentation on many issues. However there is not a transcript of the hearing. Is this worth an appeal?

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

You don't say why it matters. Whether you should pursue the matter further, depends in part on why it matters to you whether she is cohabitating with someone or not. What is it that you are trying to accomplish?

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for California on
Q: What are my options for getting my divorce completed?

My ex filed the divorce petition in 2016. I didn't file a response because we were in agreement on most things. (One child, no property to split). The case went into default status and he has failed to continue the process (hasn't filed the remaining paperwork to finish and get judgment).... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 18, 2021

You can file a motion to set aside the default. If granted, you would then file your response to the petition and move your case forward as usual. The other option is to enter into a settlement agreement with the other party and file that as a stipulated judgment.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My husband and I have been married for 21 years. We have three children-19, 16, and 13-she has special needs.

Sorry. I guess this is the e wrong place for a question like this.

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

These are the kinds of questions and the kind of advice you should seek directly from an attorney rather than using this type of forum to get your answers. You would be best served by retaining legal counsel to handle your divorce case for you and/or on your behalf. You’ll get better and more... Read more »

2 Answers | Asked in Divorce for California on
Q: is there a way to void a divorce in California based on jurisdiction reasons.
Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 5, 2021

Depends on what you mean by "void" the divorce and what you mean by "divorce", i.e. has judgment already been entered or is this a matter that is still pending? I recommend you speak with a lawyer directly rather than using this Q&A forum to get the information you are... Read more »

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1 Answer | Asked in Wrongful Death for California on
Q: What is considered too long for an ambulance to respond to an emergency?

My brother was shot and the response time of the ambulance was 45 minutes later resulting in his death.

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

That seems like an unreasonably long time. Whether it's "too long" for purposes of filing a lawsuit depends on why it took that long. Find out.

1 Answer | Asked in Divorce for California on
Q: I feel its only right if you both came with nothing into the marriage you both leave with nothing can i request that

Only valuable asset is the vehicle And I feel no one should get it

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 11, 2020

What's the context here? Are you negotiating a prenup? Or are you going through a divorce? If assets and/or debts were accumulated during the marriage then both parties can't "leave" with nothing.

1 Answer | Asked in Child Custody and Family Law for California on
Q: How can I get a modification of my current custody order?

I need a pro bono lawyer to help me with it . I don't have the funds to have a real lawyer.

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

To get a court order modified you could either get the other party to stipulate and prepared and file a stipulation and order, or you will need to file a motion; a Request for Order with the court. (court form FL300)

1 Answer | Asked in Family Law and Child Custody for California on
Q: what rights do i have as the biological grand parent?
Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 7, 2020

Your question is not clear. What's the context? Rights regarding what? Grandparents can petition the court for visitation rights -- if that's what you are asking. Whether that petition is granted depends on the circumstances of your particular situation.

2 Answers | Asked in Real Estate Law for California on
Q: My husband asked me to sign "Interspousal Grant Deed" for a house he bought, signing it means I have no rights on this h

house while we are in our marriage or even we want to get divorce . am I right?

we have been married for 7 years.

there is morgage at this house

we were married when he bought it

Thanks

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

If the house was purchased during the marriage it is community property. Putting his own name on title doesn't change that. If you sign an interspousal grant deed and you understand its meaning, then yes, the result is that the property is no longer community property to be divided in the... Read more »

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1 Answer | Asked in Divorce for California on
Q: I filed for divorce but my wife did too, now shes willing to sign mine but the court is using hers what do I do

They put on my divorce papers that there was already a case under that name but she says she should not have gone that route and wants to sign mine, have no idea what we are supposed to do now.

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

What difference does it make? You both want a divorce. You both filed. The court has designated her filing as the "lead" case. Just proceed as you would have anyway. Complete the same paperwork under her case number, including whatever agreement you have reached. It might make... Read more »

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