Questions answered by Tobie Brina Waxman

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One small child involved in uncontested divorce without lawyers. Can we add a no drinking/illicit drugs stipulation?

Tobie's answer | Answered on June 14, 2013

"stipulation" means you both agree to the no drinking/illicit drugs rule and the stipulation is a written document signed by both parties. If you...

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What are the steps after a request to set aside default judgement has been entered?

Tobie's answer | Answered on June 14, 2013

New arguments and evidence cannot be presented for the first time in a Reply to an opposition (aka response).

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We decided to do it on our own without judge deciding

Tobie's answer | Answered on June 14, 2013

You and Father could prepare a Stipulation and Order regarding custody. That way you'll have an enforceable order without having a hearing and...

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I am now divorced and want to update my Will, but it is in my ex-husband's possession.

Tobie's answer | Answered on June 14, 2013

You do not need the original will to draft a new one. The new will should specifically and clearly state that it supersedes and replaces any...

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How do I file contempt for obstruction of justice?

Tobie's answer | Answered on June 13, 2013

I must be missing something. What exactly is your problem? Why are his actions your problem? You asked this question of family law practitioners...

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My divorce began final in April of this year 2013 the house was awarded to me. I need to have his name removed .

Tobie's answer | Answered on June 13, 2013

Your judgment may have a provision in it that allows the clerk of the court to sign off on documentation in order to enforce the terms of the...

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If I am legally separated am I still eligible for my spouses medical plan when it becomes part of his retirement package?

Tobie's answer | Answered on June 13, 2013

No, you will not lose the benefit as a result of legal separation.

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Which one is current court orders

Tobie's answer | Answered on June 12, 2013

The most recent order would be the current order of the court. Get a copy of the minute order from the June 7th hearing. You should also prepare...

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Who is responsible for after school care costs if it is not specified in a judgment? Mom works/ Dad looking

Tobie's answer | Answered on June 12, 2013

If there is no court order and it is not specified in the judgment then both or neither parent is responsible. You and Father can come up with an...

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I want to remove the incorrect father's name on my son's birth certificate.

Tobie's answer | Answered on June 11, 2013

http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/Affidavit-BirthPAMPHLET-%2801-13%29-MERGED.pdf

Tobie Brina Waxman's Answers (7999)

One small child involved in uncontested divorce without lawyers. Can we add a no drinking/illicit drugs stipulation?

What are the steps after a request to set aside default judgement has been entered?

We decided to do it on our own without judge deciding

I am now divorced and want to update my Will, but it is in my ex-husband's possession.

How do I file contempt for obstruction of justice?

My divorce began final in April of this year 2013 the house was awarded to me. I need to have his name removed .

If I am legally separated am I still eligible for my spouses medical plan when it becomes part of his retirement package?

Which one is current court orders

Who is responsible for after school care costs if it is not specified in a judgment? Mom works/ Dad looking

I want to remove the incorrect father's name on my son's birth certificate.