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Marshall William Waller
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Marshall Waller’s Answers

690 total


  • How does lawyers suggest payment of separate property debt obligation in a prenup agreement? e.g. mortgage interest and prop tax

    The wife will move into husband's house which was purchased before they get married. The house is separate property. In their prenup agreement, the community property is asked to pay separate property's mortgage interest if both of them live in t...

    Marshall’s Answer

    Without reading the actual provision in question we really can't comment on it. Many prenups contain a provision that even though the community may make payments towards a party's separate property residence, any claims for reimbursement back to the community are waived. If it says that, and if both parties agreed, then such a provision will usually be upheld by the court.

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  • I want marrying someone who going to trial on a felony case

    shes on trial i just want to know that i can marry her right now

    Marshall’s Answer

    If you are both single I don;t know why not.

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  • Live in california got married in reno nevada six months later we broke up she went her way I found someone that i have been wit

    with for 25 years she finally says she will marry me do i have to get a divorce from reno

    Marshall’s Answer

    Yes, if you are married now you need to get a divorce before you can marry anyone else.

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  • Settlement conference regarding visitation

    We have a settlement conference regarding me (mother) having unsupervised visits with my 13 year old son, can his dad ask for child support then? He had a lawyer draw up a dissomaster, I've been on aid since 2012, he claims I work. I had a surgery...

    Marshall’s Answer

    Child support is usually always at issue when custody is set, though not necessarily. What do the papers say is being sought in the way of relief? If he is not specifically asking for more support then you likely won;t need to deal with it. If he is, then the court certainly can (and will) make such orders as are appropriate under the facts of your case.

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  • I have sole legal & physical custody,Whats detailed legal custody with education area?

    my son's dad has always try to be nosey in my son's school only because he is a control freak and as a narcissist he always has to find flaws in my parenting & school would be one of them, since he has no custody he interrogated my son & told him ...

    Marshall’s Answer

    Provided it is not harmful to your son, how he spends his time with his dad is up to his dad. I think you should have a long talk with the school administration about this and about the nature of their meddling with your custodial rights in this case, but as between you and the father I see no reason he can't do this.

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  • I have a settlement conference regarding visits with my son (me) if I'm allowed 8 hrs mth can he get child support? I'm on aid,

    My ex has withheld him from me evading the judges court order, I was supposed to see him 2x. My ex has had a attorney draw up a dissomaster, asking for child support, I'm on aid, and can't work, he says I'm self employed & make $1200 mth! He makes...

    Marshall’s Answer

    Not sure what you are asking here. Support is a function of timeshare and income. This information will be given to the judge, who will then set an appropriate support order. Just get in front of the judge and explain what is going on and you should be fine.

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  • My ex is not cooperating with getting my daughters passport renewed. We went to court & the Judge gave me permission to leave.

    I went to court & the judge gave me permission to leave the country 2 weeks to see my family with my daughter. He also ordered for my ex to cooperate with the passport. He is not cooperating. What are my options? How do I address this legally?...

    Marshall’s Answer

    Go to court and explain to the judge what is happening. Ask the judge to give you sole legal custody of your daughter for the limited purpose of getting her a passport. Most judges will do that. Once you get that order you can get a passport without your husband;s permission. When you go into court get a certified copy of the court order giving you permission to take the children out of the country as well; you will need that to show the TSA when you leave and when you return.

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  • I ended up homeless my mom friend took my kids i just found out she got tempory custody of my kids when i went with the police .

    So i look up the court case was i suppose to be notified and in the papers my last name is spelled wrong she no how to spell it i think she did that so they cant locate me she has my daughter manipulated put so much in her head my son want to come...

    Marshall’s Answer

    This matter is most likely pending in the Dependency Court (sometimes called "Children's Court). Go THERE NOW and tel them you want a lawyer appointed; they will do that. You are entitled to be heard, so get yourself in front of the judge as soon as possible.

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  • Can my kids mom take them out of state on her weekend without telling me?

    Our custody order states under Section #2 Visitation that we are allowed to take kids on vacation for up to two weeks but we have to give 7 days notice to the other parent This needs to include dates, itenerary, place of stay, etc. and then in s...

    Marshall’s Answer

    I am not so certain that she cannot take the kids out of the state on her weekends. Is there a specific order relating to the weekend visitation that precludes removal form the state, or is that only pertinent to the vacation time? That makes a big difference here. If there is not, and you want one, you should go into court, explain to the judge what happened and why you want the notice to apply to the weekend time as well and you will likely get it. I am also unconvinced that your ex will simply continue to do so "willy-nilly." She seems to be aware of the orders and is following them, so much so that she is convinced that she has this right. Again, if this is a concern, go into court and get clarification. If she then continues to ignore the court orders there are a variety of remedies available toe the court, depending upon the severity and frequency of the violations.

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  • How do I write a declaration of facts for the judge in a cps case?

    I am fighting cps for my little girl its all false allegations and hearsay. I want the judge to hear my side since my public defender is not very helpful so I don't know how I would start is there a website to go to or something.

    Marshall’s Answer

    If you are in the Dependency Court they will appoint an attorney for you. If you are unhappy with the one you have ask for a different one. Also, take a look at the sites indicated below.

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