Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Tobie Brina Waxman

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 »

View More Answers

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.

View More Answers

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.

View More Answers

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 »

2 Answers | Asked in Divorce for California on

Q: My ex said her 1st marriage was annulled in CA. She said bc it was < 1 yr & he cheated, they could anull. Is that true?

Tobie Brina Waxman answered on Sep 21, 2018

No it is not true. Infidelity is not grounds for nullity (aka annulment)

View More Answers

1 Answer | Asked in Family Law for California on

Q: Hello, my son just turned 18. I stay in Ca but he stays in NC and is planing to attend college. Can it be opened in NC?

The case was opened in Ca. But wondered could it be opened in NC since he plans to attend college... I’m referring to child support.

Tobie Brina Waxman answered on Sep 7, 2018

When you say "case", are you referring to custody? or child support? or something else? Once your "child" turns 18 and graduates from high school, the obligation to pay child support ends. Once he turns 18 the custody orders disappear. Family court orders can be registered in any state for... Read more »

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

Q: I live in Florida, married legally but not together. My kids visited their dad in CA and he enrolled them in school.

Can I legally go get my children back and bring them back to Florida? They have lived with me in Florida for the past year while their dad moved to CA. They only were going for a short visit. Now he won’t give them back. I flew to CA and he is saying he will call the police if I leave with them... Read more »

Tobie Brina Waxman answered on Aug 30, 2018

Do you have any current custody orders? If not, get them. File for divorce and get custody orders. Without court orders, there is nothing the police or DA can do to help you.

1 Answer | Asked in Divorce for California on

Q: My spouse has refused to comply with a divorce for over 2 years and is now unreachable. How do I get a divorce?

We separated 6 weeks after we married when I discovered that he was using drugs. For months he said he would complete the online divorce papers that I purchased but never did and the papers expired. Now I can't reach him on any of the numbers he's contacted me from, his family can't find him and... Read more »

Tobie Brina Waxman answered on Aug 23, 2018

There is no such thing as an on-line divorce. If you want a divorce, file a summons and petition for dissolution. If you really have no way of fining out where he is, you can get an order from the court allowing you to serve by publication. Once he is served, if he fails to file a response, you... Read more »

1 Answer | Asked in Family Law, Tax Law and Appeals / Appellate Law for California on

Q: COUNTY OF LOS ANGELES VS MYSELF served copies of the SUMMONS AND COMPLAINT PARENTAL OBLIGATION.

The Local child support agency had the wrong address on file for me. I did not no of any court order for child support was in place. The other parent in this case applied for public assents for her and my kids, at the time of her applying she reported the income she was receiving from me. I was... Read more »

Tobie Brina Waxman answered on Aug 13, 2018

Before speaking with an attorney, call the child support agency. Speak with the representative or lawyer who is assigned to this particular case and discuss your options with him/her. Be sure to also discuss your lack of notice of the pending action and of the fact that you have been paying Mom... Read more »

1 Answer | Asked in Divorce for California on

Q: my girlfriend was married in the Philippines and her husband is here in the u.s. They are both permanent residents.

dose she have to get a divorce here in the states before she can get married to me? She is low income caregiver where can she get help?

Tobie Brina Waxman answered on Aug 10, 2018

It doesn't matter where she gets her divorce as long as she is divorced before she marries you. Where she can get help depends on where she is.

2 Answers | Asked in Divorce for California on

Q: My parents filed for a divorce in California 17 years ago. But they forgot to complete process after 6-month-period.

Can my Mom get the original date of divorce honored from 2001 or does she have to file new divorce papers?

Tobie Brina Waxman answered on Aug 9, 2018

Given the passage of time, chances are the case has been dismissed. They will have to re-file. I recommend that this time, they get a lawyer. Your statement that they "forgot to complete process after 6- month-period" suggests they did not know what they were doing at the time.

View More Answers

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

Q: How do I get the court to allow me to take my child to my native state of Washington?

I currently live in California but wish to return to my native state of Washington. My daughters and I have a large family unit up there. I feel there are many advantages for her up there. My ex lives in California and does not agree to the move. I plan to give him a substantial amount of... Read more »

Tobie Brina Waxman answered on Jul 8, 2018

When a party moves for a move-away order, the court in the majority of cases will order a custody evaluation. The evaluator will then have an opinion as to whether the move is in the best interests of the child. The court may, but is not obligated to follow the evaluator's recommendations. You... Read more »

1 Answer | Asked in Family Law for California on

Q: If i leave out of state with our daughter without the fathers agreement could i be charge with kidnap?

Im in a emotional abuse relationship and we have a 6 month old daughter i really want to know what's best for my daughter I have alot of postive support and help back home.

Tobie Brina Waxman answered on Jun 27, 2018

It depends. Do you have any existing custody/visitation orders? Does the father live with you? Is the father in your daughter's life? Technically, if there are no court orders in place, you are free to go. You cannot be charged with kidnapping your own child if there are no court orders in... Read more »

2 Answers | Asked in Divorce for California on

Q: If a 401K has money prior to marriage and is contributed to after marriage, how is the increased value split in divorce?

This is for California.

As an extreme example, if I had $100,000 in my 401K in 1999, got married in 2000 and contributed $10,000 that year while married, if the account now has a value of $500,000, will the growth ($390,000) be evenly split or will it take into account the amount/percent... Read more »

Tobie Brina Waxman answered on Jun 26, 2018

The community's interest starts with contributions made during the marriage and ends on the date of separation. Growth in the 401k that can be attributed to earnings/contributions made during the marriage is community property and subject to division. A QDRO will specify the manner in which... Read more »

View More Answers

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

Q: What % of retirement is the ex wife entitled to using the Brown law/Brown Formula, in California. 9 years married

The ex-wife served us with papers recently to calculate a percentage of his retirement to go to her based on the Brown Formula. What percentage does she get of his retirement, and for how long? He took all of the debt when they divorced and he paid 4 years of spousal support. How much does he... Read more »

Tobie Brina Waxman answered on Jun 12, 2018

Who is "us"? Do you have an attorney? What do you mean that she served papers for you to calculate the percentage. It doesn't work that way. If there is a retirement account to be divided because of a divorce judgment or court order, the retirement account at issue is divided by QDRO. Whether... Read more »

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for California on

Q: I’m looking for case law in California to support spousal support and distribution of assets for marriage of 43 years

Appealing decision giving support of 1600$ month to wife of 43 years. Judge also awarded all net escrow dollars to husband. Wife received none. She was a homemaker for 30 of those years. They had an upper middle class lifestyle. Husband continues to have upper middle class of living while wife is... Read more »

Tobie Brina Waxman answered on May 27, 2018

What do you mean you are looking for case law? Case law that says what? What is it you are trying to establish? What is the basis for your appeal? Are you claiming the judge made a mistake? Are you claiming the evidence did not support the decision? What error do you believe was made that... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.