Questions Answered by Tobie Brina Waxman
Q: Move Away Order
My wife and I have been married for a year I currently reside in Sacramento California and she lives down in Los Angeles she has a 3 year old son. Her and the kids father have a joint custody agreement where the mother has the son the majority of the time.
We have attempted to come to... Read more »
What's your question? If Mom and the other parent cannot reach an agreement, then mom needs to apply to the court for a move-away order.
Q: I need help understanding my rights if my husband has decided to pay me less then our MSA states
We created an MSA. He lost his job so we verbally decided to lower the payment temporarily. He now wants to lower it again without my consent. I dont know how to get him to pay me what we agreed on
Informal agreements are not court orders. If you want something enforceable you need to get a court order or judgment. If what you have is a court order or part of a judgment then it should not be modified informally and only modified by a new court order.
Q: Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?
Hi petitioner filed for separation of marriage (FL100) and then filed motion to dismiss 20 days later. Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?
A motion to dismiss? If she filed a petition and you have not yet responded, all she needs to file is a Request for Dismissal. It is not a motion and there is no hearing. If the case is dismissed, you do not need to file your response. If she filed an actual motion and there is a hearing date... Read more »
Q: My ex-husband has not seen or had visitation with his child since 12/02/2012
He emailed me stating that I do not have his permission for our child to leave the state. We do have child support and he stated that it was 0 custody and 0 visitation. My child is in competitive cheer and travels out of state for competitions. Am I allowed to take her to her competitions or do I... Read more »
What do your court orders say? Who has physical custody? Who has legal custody?
Q: I sent my children to Sacramento for the summer with my half sister and now she wants to keep them and file custody.
What can I do to get them back right now ?
I have legal custody over them ..
This is kidnapping right ?
Your sister does not have legal standing to get custody of your children. There isn’t enough information in your post to discuss her standing to apply for legal guardianship.
Q: I am in search of someone that can help me obtain the medical records of my deceased wife. I believe she died unjustly.
I believe that the doctor (s) in charge let her pass by stopping her CPR treatment. I know there is a term for it - slow something or other.
If you have the Death Certificate and you are next of kin (which as her husband, you are), then you should be able to order a copy of the records yourself. Make sure when you are ordering the records that you specify you want the ENTIRE chart - all notes, orders, medical records, billing records,... Read more »
Q: Long term marriage divorced in 2005. Paying spousal since separation. No QDRO in place.
No stipulations in final decree regarding retirement. Retiring soon. Will I have to pay spousal after retirement?
You pay support in accordance with your court orders or judgment until those orders are modified by a new or subsequent order.
Q: My child will be 18 in 6 mo. He recently stopped coming to his visitation. I have 50/50 custody. What options do I have?
We have been to court regarding custody several times recently 1.5 years ago.
Unfortunately, you cannot force a 17-year-old to comply with court-ordered custody or visitation plans. Without knowing why he will not come visit you, it's difficult to say what your options are. Options include 1) do no thing; 2) consider family therapy; 3) come up with activities to do during... Read more »
Q: How to domesticate an out of state divorce decree in California
Depends on why you are asking. A judgment of divorce that is valid in the state in which it was given, is valid in California. You do not have to do anything. If there is something about the divorce judgment that needs enforcement here in California (such as a modification of spousal or child... Read more »
Q: I got married in Pennsylvania and moved to California 3 years ago. Now separated. Do we need to file divorce?
Her attorney said no because our license isn’t recognized here in ca. Which is why they didn’t let her change her name on her drivers license, even though her SS card was changed.
A valid marriage in Pennsylvania is valid here. I would be very concerned about a lawyer who states otherwise. If you were legally married in Pennsylvania your married is legally valid here in California. If you want to be divorced, then yes, you need to file for divorce.
Q: What’s the best way to handle situation
Hi my ex girlfriend texted me stating she went to the Los Angeles county courts to start the process of establishing paternity a couple weeks ago. My issue is I’m currently out of the state for a new job which requires us to complete the training I’m at which is about a month long or forfit the... Read more »
If you retain an attorney, the attorney can respond to the petition on your behalf.
Q: Wife's attorney is stonewalling requests for documents, though the judge asked us to reconcile -if not he will decide.
I sent Form intorogatories and later 1st meet and confer letter.
Wife''s attorney declined to produce financial documents that I asked such as bank statements, retirement current paystubs etc. (California -full disclousure).
Each paragraph answered: I took diligence and was unable... Read more »
Your remedy for failure to respond to discovery or failure to provide further responses after a meet and confer is to file a motion to compel, assuming you have missed the deadline to do so.
Q: I have been married 40 years. In approximately 1986 my father-in-law passed and my mother-in-law put some stock in she
and my husbands name as joint tenants. My mother-in law just passed and my husband put the stock in his name only in a single account. He is seeing an attorney to make sure I have no claims on the dividends derived from his now stock. The proceeds are now going into our joint checking account.... Read more »
This isn't really a community property issue. This property was a gift and title to the stock was held in joint tenancy. Generally, owners in joint tenancies and tenancies in common can sell their interests in the properties they own with others. However, an owner in a tenancy in common or a... Read more »
Q: I left after reporting a crime
What’s your question?
Q: My sis wants custody/at least to be able to visit our younger half sister. Her dad won’t let us for personal reasons
Our little sister is only turning 15, so I assume it will be difficult. I also know parents get full custody. However according to my little sister, her dad is very controlling and doesn’t let her do anything she will enjoy, such as visit friends or even me and my sister. He even says if he buys... Read more »
As her sister and non parent, you do not have legal standing to seek custody. The option of legal guardianship may be available, but based on the information you have provided, it's unlikely that request will be granted either
Q: What nullifies a prenup and how does someone with language barriers walk thru the process of divorce fairly?
My friend owns a business which is being impacted.
She really needs a translator, Vietnamese.
If the person attempting to nullify the prenup, had a language barrier at the time of signing the prenup, therefore, did not fully understand what she was signing, AND was not represented by counsel at the time, then the prenup can be nullified. She should retain an attorney to handle the divorce... Read more »
Q: together 16 years legally married 9 kids, own home What am I entitled to He says nothing because I’m a homemaker
He didn’t want me to work, I stayed home and raised 2 kids.
Did all the repairs personally, always logged what I spent on house and kids.
Now he says that I’m not entitled to anything because I don’t work
You're entitled to half of community property acquired during the marriage. Items acquired during the period of cohabitation are separate property. You may or may not be entitled to a portion of his separate property. You need a consultation with an attorney to figure out what you are entitled... Read more »
Q: I filed for divorce 4 months ago and my husband has not responded I thought he had 30 days to respond what can I do.
File request for entry of default. If granted, go ahead and proceed to judgment
Q: Do negligent dental injuries fall under the laws relating to medical malpractice?
Yes, they do.
Q: Need emergency order to have ex start paying alimony. He moved out in April earns 100k. I have been a housewife 10yrs
He has a lawyer he is paying for. Need a lawyer who will take case on contingency. Desperate !! He is fighting child support backpay and alimony. I don't care about that just want divorce finalized. I have served his employer with QDRO (18 year marriage) I am entitled to Annuity (lump sum 50% of... Read more »
I don't understand. How could you have already prepared and served a QDRO if your divorce case is still pending? If he has an attorney, you need one too. Don't make the mistake of not appearing at your own motion hearing. If you do not show up, the matter will be taken off calendar. I'd like... Read more »
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