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Questions Answered by Tobie Brina Waxman

1 Answer | Asked in Divorce for California on

Q: How to domesticate an out of state divorce decree in California

Tobie Brina Waxman answered on Apr 13, 2019

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 »

1 Answer | Asked in Divorce for California on

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.

Tobie Brina Waxman answered on Apr 1, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on

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 »

Tobie Brina Waxman answered on Mar 31, 2019

If you retain an attorney, the attorney can respond to the petition on your behalf.

1 Answer | Asked in Divorce and Family Law for California on

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 »

Tobie Brina Waxman answered on Mar 30, 2019

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.

1 Answer | Asked in Family Law for California on

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 »

Tobie Brina Waxman answered on Mar 11, 2019

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 »

2 Answers | Asked in Family Law and Domestic Violence for California on

Q: I left after reporting a crime

Tobie Brina Waxman answered on Mar 3, 2019

What’s your question?

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1 Answer | Asked in Child Custody for California on

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 »

Tobie Brina Waxman answered on Mar 2, 2019

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

1 Answer | Asked in Divorce for California on

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.

Tobie Brina Waxman answered on Feb 22, 2019

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 »

1 Answer | Asked in Divorce for California on

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

Tobie Brina Waxman answered on Jan 13, 2019

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 »

1 Answer | Asked in Divorce and Child Custody for California on

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.

Tobie Brina Waxman answered on Dec 26, 2018

File request for entry of default. If granted, go ahead and proceed to judgment

2 Answers | Asked in Divorce, Domestic Violence and Family Law for California on

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 »

Tobie Brina Waxman answered on Nov 19, 2018

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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1 Answer | Asked in Divorce for California on

Q: How can I finaliZe my divorce when he filed but due to being in prison is unable to make court appearance?

Tobie Brina Waxman answered on Oct 13, 2018

What court appearance?

2 Answers | Asked in Family Law and Child Custody for California on

Q: My son lives with me and goes to school by my house, me and his mother do not have a court order in place

We can not come a a agreement on who gets to files for him on taxes, what can I do about this legally without us having custody order out in place.

Tobie Brina Waxman answered on Oct 12, 2018

Take turns. Each one of you will claim him in alternating years. This assumes you share physical custody. If one parent has more than 51% physical custody, i.e. the child lives with one parent more days out of the year than with the other parent, -- greater than 51% custody -- LEGALLY (per the... Read more »

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2 Answers | Asked in Divorce for California on

Q: i have served my spouse 3x over the last 12 yrs. 3 diff divorces. Can i still req a dismissal on 2 of them?

I am a single mother of 2 and never had enough money to hire a lawyer. i have 3 open divorces and i am trying to either combine or dismiss the 2 latest. I was given bad advice previously. I have served the petition all 3x. What is the best way to close this divorce? i have not seen or spoken to the... Read more »

Tobie Brina Waxman answered on Oct 7, 2018

Yes, as long as he never filed a response.

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1 Answer | Asked in Divorce for California on

Q: i have 3 open divorce cases after being seperated from my spouse for 12 yrs. what do i need to file to combine all 3.

i filed the 1st ser basck in '07. A paralegal suggested i file another because it had been so long in '14. I filed again thru that paralegal then she just moved and didn't tell me what i needed to do from there. This yr i filed AGAIN on my own and now i cannot move forward because i have too many... Read more »

Tobie Brina Waxman answered on Oct 7, 2018

You can file a notice of related cases or just dismiss the older cases assuming you never served the petitions in the older cases and assuming they were never dismissed by the court for failure to prosecute. Next time hire a lawyer. A real lawyer.

2 Answers | Asked in Child Support and Family Law for California on

Q: My ex-husband quits right before a hearing then picks a job back up after court He won’t pay child support what to do?

We’ve been to court about 10 times in the last nine months my ex is a hi voltage power lineman and making six figures I was a stay at home mom for 9 1/2 years I supported him as he climbed the ladder in his career while I stayed home with the children because he travel to State of California... Read more »

Tobie Brina Waxman answered on Oct 6, 2018

Prove it. Subpoena his employment records.

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1 Answer | Asked in Adoption, Family Law and Military Law for California on

Q: I want to reverse an adoption in LA CA in 2002 I am 23 now. I want to petition to get my OG birth cert. for military PIP

I can’t even seek an audience with the judge because it’s all done behind closed doors. All they tell me is they can’t give me advice or answer my questions. They tell me to get a lawyer.

Tobie Brina Waxman answered on Sep 30, 2018

Were you adopted by a u.s. citizen? I'm not sure I understand what it is that you are trying to accomplish.

1 Answer | Asked in Divorce for California on

Q: I've got to defend myself in court and i'm not good at talking can i have someone else talk for me?

the judge won't give me attorney fees my husband just went pro per but we're going to go to trial and there's no way i can get my point across fillout all this paper work, i don't understand. i have a friend that helps me and knows my case and can follow the directions of the court and remember... Read more »

Tobie Brina Waxman answered on Sep 25, 2018

Yes. If you retain an attorney the attorney can speak for you

1 Answer | Asked in Divorce for California on

Q: Can I repeal a divorce case?

Fyi my divorce has already happens but my ex husband went through with it with out my knowledge. I was never personally served the divorce papers my mother in law was the one who was handed my divorce papers by the person who served them, I didn't have any representation and was unaware of the... Read more »

Tobie Brina Waxman answered on Sep 24, 2018

It sounds like you were aware that the papers were being served, although they were not personally handed to you. If you knew the matter was pending and there was an attempt at service, your failure to respond and participate in the litigation is on you. As he likely proceeded by default, there... Read more »

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