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Tobie Brina Waxman

Tobie Waxman’s Answers

6,217 total


  • Can I move from California to Mississippi with my son if I am unwed mother and do not have any court orders with the father?

    Tobie’s Answer

    Technically, without existing court orders, you are free to move. Moving with your son without court orders however, can be risky. The Dad can retaliate and file his own motion or custody case here in California and get orders forcing you to return your son to this jurisdiction. The safer plan would be to file a Parentage action here and request a move-away order.

  • Do i have rights to half of the house if my name is on title/deed?

    Tobie’s Answer

    From the date of purchase to the date that title was changed to include you on the title, the house was separate property with a community interest to the extent that mortgage payments were made during the marriage. From the date you were added to the deed, moving forward, the property was/is community property. It is a mixed asset. [depends in part on how the title is taken however and what agreements or understandings were made at the time you were added on to the title]. There was separate property equity (a portion of which was community property) as of the date of transmutation. Thus, on division during the divorce, the division will not be 50/50. The statement that you are not entitled to "any" of the equity is likely incorrect. Given that you were married only 3 years however, I wouldn't expect your share of the equity to be significant. That depends however on how big the mortgage payments were that were made during the marriage. This is a very complex area of law. I highly recommend you retain an attorney to represent you in the pending dissolution. (I'm assuming someone is planning to file for divorce if a case hasn't already been started)

  • Can I request for order to modify child custody orders after a default was entered against me?

    Tobie’s Answer

    Custody orders are made based on the best interests of the child. If you have grounds for showing 1) a change in circumstances since entry of judgment; and 2) that the modification you are seeking is in the best interests of the child, then you can seek to modify custody even though you defaulted. The fact that you defaulted however will need to be addressed and explained.

  • Can i still get child support for my 17 year old son who has been living with me for the past 3 years with no help from other pa

    Tobie’s Answer

    The child is entitled to financial support from both parents until he is 18 and graduates from highschool (or 19, if he's still in highschool by that age). Once you make a formal request for support (i.e. by filing something with the court), your order will be retroactive to the date you filed.

  • Wife ignores all paid by me life and travels to her home for the need of her widowed mom and demands money for support - WHAT?!

    Tobie’s Answer

    What are you talking about? Are you going through a divorce? Are you already divorced? Or are you a disgruntled spouse with no legal matter pending? You mention "support". Spousal support? Or just money provided to your spouse during an in tact marriage. If you want a serious response to your question you need to draft a question we can understand.

  • Do I have a case?

    Tobie’s Answer

    There's clearly a lot of information missing from this query. Further, it's unlikely a PA performed such an invasive procedure. You need to consult with an attorney directly. Order a copy of your medical records from the dermatologists office, the oncologist and any other health care providers you consulted with regarding this condition.

  • Need a postnup made in SF bay area CA?

    Tobie’s Answer

    We are not permitted to solicit business while responding to people’s questions. You can use the find a lawyer link at the top of this page. Keep in mind that most of the work done with drafting a pre or post nup involves phone calls, computers and email. I imagine anyone licensed to practice in California and experienced with drafting pre nups and post nups can assist you whether they are located in SF or not.

  • Can my ex husband take my son and enroll him in a middle school in the state he lives in? He currently resides in phoenix az.

    Tobie’s Answer

    I think there are some facts missing here. How did your son end up in AZ if you have physical and legal custody? Generally speaking, if one parent has full physical and legal custody the other parent cannot simply move the child to another state without first getting a court order allowing him to do so.

  • Can your spouse file legal separation in California in the court and get one even if you don't give your consent?

    Tobie’s Answer

    I'm not sure I understand this question. If a party files for divorce or legal separation, they can have a divorce or legal separation. You can respond to the Petition in any manner you want, but you cannot prevent the other party from getting their divorce or legal separation. If you fail to respond at all, they can can get their judgment by default. This is what it means to be in a no-fault state. California is a no-fault state.

  • If I started working after separation. am I supposed to pay support to husband if I make more income?

    Tobie’s Answer

    There are several statutory factors that go into the decision about whether to award spousal support, in what amount and for what duration. First, the court looks at the lifestyle to which the parties became accustomed during the marriage. While your spouse was solely responsible for supporting that lifestyle, your current income allows you to contribute to attaining that lifestyle while you are separated. It doesn't necessarily mean that now you will have to pay him support because you make more. It may instead result in less spousal support, or none at all. Without knowing more about your respective incomes and financial situations it's difficult to say which outcome you can expect.