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Marshall William Waller
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Marshall Waller’s Answers

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  • My ex and I got into an argument about our son and I reached over and slapped him. He called the cops and when they arrived my s

    My ex and I got into an argument about our son and I reached over and slapped him. He called the cops and when they arrived my seven year old sons confirmed my slapping and I was arrested. When I was in jail my ex filed for an ex parte seeking ful...

    Marshall’s Answer

    First, stop posting on this (or any) public bulletin board; you might incriminate yourself.

    You do indeed have an issue on your hands, and it is potentially more complicated than you might think. If you can afford an attorney hire one asap. If you cannot afford a lawyer, make sure you go to all the court hearings so things don't happen without your knowledge. At this point, your situation is that you slapped your ex. Deal mostly with that. You will likely be required to take anger management classes no matter what, so you may want to be pro-active her and enroll in one to show the judge that you see the issue and you are trying to deal with it. That is a two edged sword, however, and many attorneys would advise you to NOT do that, advice I totally understand. That's something you need to sort out on your end since you know the facts better. This is a good time to again suggest you speak to a local lawyer about this.

    If you are found to have committed an act of domestic violence there will be a presumption that you should NOT have custody, unless it is shown to be in the children's best interests for you to have custody, so be prepared to present evidence at the DV hearing to that effect.

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  • Could custody change

    I am the father of 3 and have custody. Mother is moving back from WV. Mother will need to work at least 2 jobs in order to afford to live out here in CA. If mother is hardly home what will custody look like 50/50 ect. My reason is I would rather t...

    Marshall’s Answer

    The courts really try to keep money out of this analysis. To quote a famous case from a long time ago when it was argued that the other parent could keep the kids in the manner in which they were used to living due to his disability, the court replied "that's what child support is for."

    I agree that having your 14 year old care for the kids while their mother is at work is not necessarily the best plan. However, during mom's time she can employ daycare just as you can. If the chosen day care provider is unacceptable to you (and it seems it is) then you can go to court and present your concerns and ask the court for guidance in this regard. Also bear in mind that the law provides that if your ex needs to hire day care to allow her to work you can be required to pay for one-half of that. (That goes both ways, by the way).

    As far as how 50/50 timeshare will look, I have to assume she doesn't have that now since she lives out of state. Also, when she gets here, unless your judgment says something different, timeshare won;t just automatically go to 50/50. The two of you need to talk about what you each feel will be the best timeshare for the kids under the new circumstances of mom re-locating here, and if you are unable to agree then you will need to go to court to ask for a court-ordered timeshare plan.

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  • My question is when i file the QDRO from SHEET METAL WORKERS NATIONAL PENSION FUND,do i file seperate or shared interest QDRO?

    hello,my name is Tammy Swenson/Ronspiez you can find my case file in SAN BERNARDINO court FAMILY LAW#FAMSS806153 it will be under my xhusbands name BOBBY LEE RONSPIEZ.. first off ,id like to exspress that he had been going to court with out my kn...

    Marshall’s Answer

    You should hire an attorney who specializes in preparing QDRO's. I am uncertain who in Redlands does that, but I can recommend Louise Nixon in San Marino and Darren Goodman in Thousand Oaks. Most (if not all) of their work can be done by email, so the location really isn't a big deal. It should cost between $1,000 and $2,000 depending upon what all is needed.

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  • What info do we need to win?? Does anyone have a similar case and what was the outcome?

    My wedding ring completely broke in half after a year of having it and our jeweler refuses to give a refund. We took it to another jeweler to see if he could fix it (we have given ours multiple chances) and he actually discovered that the ring had...

    Marshall’s Answer

    I would add to Ms. Straus' answer that you should bring in whatever documentary evidence you may have regarding its condition, the work done on it, etc. Bring the jewel itself in as well so the judge can see it.

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  • The police took me to the station where mental health professionals cleared me. THE POLICE THEN DROVE ME HOME IS THAT NORMAL?

    i have the picture perfect family that describes DYSFUNCTIONAL and My father is the king. Im a 34 yr old highly intelligent, creative, likeable, unique, down to earth exceptionally beautiful woman inside & out w/a huge heart. My fathers' a...

    Marshall’s Answer

    Perhaps you should consider getting a restraining order against your father. That way, the next time your father makes a telephone call from 3000 miles away asking to have you arrested for fear of attempting suicide you can show the order to the police and explain to them that this is just a continuation of the harassing behavior. As far as whether or not being driven home by the police is "normal," I really couldn't say, but it certainly does not sound like a bad thing.

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  • What is going to happen when I go to court on a charge for domestic violence, never been charge for anything or been to court.

    What type of charges are 50,000 bail, and is domestic violence a felony

    Marshall’s Answer

    It sounds as if you're being criminally charged, and based upon the amount of bail my guess is you're being charged with a felony he and based upon the amount of bail my guess is you're being charged with a felony. If so, on your first appearance in court you will be asked to enter a plea; you will probably say "not guilty." If you're being charged with a felony the court will then schedule a preliminary hearing, which will occur relatively quickly. You should plan on losing the preliminary hearing because the standards of review are rather minimal and for the most part criminal preliminary hearings are routinely determined in favor of the prosecuting attorney. The purpose of a preliminary hearing is simply to determine if there is sufficient grounds to hold you over for trial.

    Assuming that you are held over for trial, then the trial will be scheduled, again within a relatively short period of time. If you're being criminally prosecuted and you can not afford to hire your own attorney an attorney will be appointed for you by the court.

    If you are being charged with a misdemeanor the procedures are a little different, and under either scenario you will have the opportunity to work out a compromise or a settlement with the district attorney, although domestic violence cases are a little more difficult to settle because it is such an important topic in California.

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  • Proper preparation of FL-340 "Findings and order after hearing"

    I was recently awarded custody in San Bernardino Family Court. At the end of the hearing I was handed an FL-340 "Findings and order after hearing" and an MC-025 form. I've printed the minutes of the San Bernardino website. I'm wondering how much ...

    Marshall’s Answer

    You cannot add clarifying points into the findings and order after hearing; you basically have to stick with what the judge said in court. If you can get the other side to agree with the clarifying points that you would like the judge to order, you could do that and you will need to get the other side's signature on the proposed order after hearing indicating that agreement. Absent that however you will need to go back into the judge on a motion for clarification and tell the judge what it is you wouldlike to have clarified, make suggestions as to the language to be used, and then have the judge tighten up the order that way.

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  • How can I have this fixed? Is filing a motion my only recourse here?

    My child and support was set to 0 by the court when I lost my job in July 2014. When I found a job in December 2014 there was already a trial scheduled for 02/10/2015 for final judgment to deal with permanent support, income imputation so neither ...

    Marshall’s Answer

    I do think that filing a motion is going to be the best way to handle this. You make a very good argument in equity for non-accrual of interest during the retroactive. Time, and in my opinion only the judge is going to be able to make that kind of an equitable call; the child support collection agency will not be able to do that. They are simply going to follow the law which gives them the right to ask for interest. It does seem to me that if you do get it frontof the judge on this you will probably get the relief you seek.

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  • U.S., Passport for minor children

    I am a single mom, and have 3 children. I want to make the passports for my children to travel outside of U.S. However, the father of my first child that I divorced 5years ago, that I do not know where he is at. also the father of my other 2 chi...

    Marshall’s Answer

    • Selected as best answer

    If you have sole legal custody of your kids you should have no trouble getting a passport for them. If you do not yet have a court order giving you sole legal custody you should get into court and ask for that.

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