Marshall William Waller's Answers

Does California recognize common law marriage and can I apply for social security benefits?

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

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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How long do I have to pay alimony for a wife?

This question requires a lot more information before it can be answered. Generally speaking, however, in California the longer you are married the longer the exposure to the payment of spousal support. In California a distinction is made between marriages less than 10 years and more than 10 years. While the courts generally have discretion in these areas, if a marriage is less than 10 years in length (form the date of marriage to the date of separation) the amount of time for spousal support...

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How much alimony does CA require for unemployed ex spouse?

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

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

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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Can a non-custodial parent file a restraining order against the custodial parent to prevent them from interrupting visitation?

Yes, you can get orders prohibiting your ex from interfering with your visits while the child is with you, although not domestic violence orders. You can file a simple OSC with the court and explain what is happening to the judge and ask the judge to enter specific orders telling your ex to stop doing what they are doing. On the other hand, if your ex is calling you on the phone incessantly while your child is with you, just don't answer the call, let it go to voice mail and then check it a few...

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Under CA child support laws does child support end when child turns 18

Usually you don’t need to do anything - child support typically terminates as per the language of the court order that created the obligation. Check your court order (Judgment) and see what it says. If it says something like "child support shall continue until the child reaches the age of 18 ...) then you don’t need to do anything. This is the type of question most family law attorneys will answer for you for free, so you should take your court order to an experienced family law attorney and...

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CA child custody laws, parent's right to move out of state with child

To add to Mr. Rothstein's answer, you do have the ability to commence an action regarding custody with the Superior Court and seek primary custody and the right to relocate with the child. This is a major undertaking, however, very difficult without an attorney.

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Past due child support lost license, procedure for getting license back under CA child support law

From California DMV website: Child support: Failing to pay your required child support payments can lead to having your license suspended. If this happens, you'll be given a 150-day temporary license. During this period, you're expected to satisfactorily address your situation with the Department of Child Support Services (DCSS). SO, go get the temporary license and then hire an experienced family law lawyer who can help you to address this situation with DCSS. If you cannot afford a lawyer,...

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