Marshall William Waller’s Answers

Marshall William Waller

Woodland Hills Child Custody Lawyer.

Contributor Level 15
  1. Does California recognize common law marriage and can I apply for social security benefits?

    Answered almost 6 years ago.

    1. Marshall William Waller
    2. Thomas Glenn Martin
    3. Thuong-Tri Nguyen
    3 lawyer answers

    There is no common law marriage in California. In fact, the California Family Code states that California abolished common law marriage in 1895. As such, the length of your marriage is only 9.5 years. As per information provided by the Social Security Administration, appropriate state law is applied to determine whether a man and a woman are married, so it would appear that from their perspective your marriage is also 9.5 years. My understanding is that spousal benefits with the Social...

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  2. Alimony and child support calculation

    Answered about 6 years ago.

    1. Marshall William Waller
    2. Kelly Chang Rickert
    2 lawyer answers

    Before providing an answer to your question, I need to recommend that you consult with an attorney in your area who can answer these questions in greater detail, and as applied to your particular situation. The information contained in this answer is just that: information only. You cannot rely upon it as a legal opinion or advice. The calculation of alimony, or "spousal support" in California is actually somewhat complicated. There are essentially two types of spousal support in California:...

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  3. Who by law is supposed to serve papers to the person u are taking to court in family court? Can the dad involved do it?

    Answered about 2 years ago.

    1. Marshall William Waller
    2. George Baker Richardson
    3. Donald Frederick Conviser
    4. Edna Carroll Straus
    4 lawyer answers

    Generally speaking only the initial papers (the Petition, the OSC, the papers that "started" the proceeding) need to be served on you personally. Thereafter, once you have appeared in the case (that is, filed your response) most papers can be served by mail. As to who can do the serving, anyone over the age of 18 who isn't a party (that is, not him and not you) , so his dad would be ok.

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  4. My ex and I have 50/50 custody. Who gets to claim the kids on their taxes?

    Answered about 2 years ago.

    1. Marshall William Waller
    2. Hillary Johns
    3. Rebekah Ryan Main
    4. Mark Nickolas Longwell
    5. Dave Bahr
    5 lawyer answers

    The short answer is this: To claim a child there can't actually be "50/50" timeshare unless one parent gives the other parent the deduction (IRS Form 8332). That's why most 50/50 arrangements are written as "49.99/50.01." This is because to claim a child the parent must have "more than" 50% custody. As a practical matter, we are talking about an IRS audit here, which might not happen (won't happen on this issue, in fact) unless you both claim the kids, so the best you can do is talk to the...

    6 lawyers agreed with this answer

  5. Is it legal to give me notice to appear in court by a phone call? How do proceed from here?

    Answered about 2 years ago.

    1. Hillary Johns
    2. Marshall William Waller
    3. Cathleen Elisabeth Norton
    4. Rebekah Ryan Main
    4 lawyer answers

    Telephone the court first thing in the morning (around 8:20). Keep trying until someone answers. Ask to speak with the clerk. Explain to the clerk what happened and that you wold like to appear at the hearing by telephone. They might tell you that you need to appear by "Court Call" (it's a service the court's use). If so, tell them ok, can the judge trail the request to the next morning or the afternoon so you can arrange it. They should work with you. Then first chance you get, hire a local...

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  6. What are my rights as an unwed mother to get child custody

    Answered over 5 years ago.

    1. Marshall William Waller
    2. Alan Roel Rothstein
    2 lawyer answers

    The fact of your marital status is irrelevant to the question of custody of your child. You are the mother of this child and thus have parental rights that can and will be determined by the court if need be, and assuming there exists a need to do so. By that, I mean if the father tries to fight your right to raise the child, the court is there to help the two of you sort it out. It is your child, however, and you not only have the right but the responsibility as well to love it, give it a home,...

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  7. What is the procedure to appeal a California courts child custody decision?

    Answered almost 6 years ago.

    1. Marshall William Waller
    2. Amanda Fay Benedict
    2 lawyer answers

    At this point, it seems as if your daughter has few options available to her. Regardng the mediator's recommendations, remember that these are just recommendations; the court is still required to weigh all the evidence and then make the best decision the judge deems appropriate, which is what it saounds like this felt he or she was doing. I understand your frustration and it does inded sound as if the decision makes little sense, but of course having not been there I really can;t comment on...

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  8. Under California child support laws is there a minimum or maximum percentage of child support per paycheck?

    Answered almost 6 years ago.

    1. Marshall William Waller
    1 lawyer answer

    There isn’t an "average" amount in California (not exactly, at least). To be sure, I suspect that someone could gather statistical data on all the child support awards entered in California and then determine an "average," but that would be misleading. In California, Child Support is a function of a mathematical formula as set out in the Family Code. It utilizes the earnings of both parents, the number of children and the timeshare allocated relative to the children between the parents. (...

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  9. I have Been married 8 months. I don't work and my husband makes 165k a year. Am I entitled to any support?

    Answered about 2 years ago.

    1. Marshall William Waller
    2. Peggy Margaret Raddatz
    3. Gary Ray White
    4. Ophelia Genarina Bernal-Mora
    4 lawyer answers

    Probably yes, but not for very long (most likely just a few months).

    5 lawyers agreed with this answer

  10. Soon to be ex has Borderline Personality Disorder (undiagnosed) - wants to go to my shrink - can this screw me up in court?

    Answered about 2 years ago.

    1. Marshall William Waller
    2. Robert Ricci
    3. Peggy Margaret Raddatz
    3 lawyer answers

    Have him get his own therapist. In my opinion the two of you using the same therapist, especially in a situation where one of is contemplating a divorce (which obviously you are) is a bad idea.

    5 lawyers agreed with this answer

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