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Marshall William Waller
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Marshall Waller’s Answers

815 total


  • What paperwork should I file for the situation below? Would it be paperwork for contempt or another motion?

    There is a court order in place the father and I follow recommendations of our co-parent counselor. The following have been made recommendations from the co-parent counselor (and are not being followed by the father at all): mid-visit (during ever...

    Marshall’s Answer

    It's hard to evaluate the efficacy of a court order without seeing it in its entirety. Chances are, however, that it is not written properly to support a contempt action (most are not). If your ex is not following the order then contempt is a way to seek compliance, but those actions are more complicated than might otherwise seem and if you can afford an attorney to help you should. If not, go to the family law self help center in your court and ask for help preparing the contempt. That will at least get you in front of the judge who might be able to provide some help in clarifying the orders and in getting your ex to follow them.

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  • Would religious papers considered in divorce court

    when i got married i also got married in Islamic way at the mosque. I got certified of marrige from there which is paper that basically said: I XXX imam of XXX mosque do hereby certify that XX and XX have declared and affirmed before me that t...

    Marshall’s Answer

    I recommend you contact Abbas Hadjian on this. He is in Los Angeles and has a lot of experience with issues such as this.

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  • Are there attorneys who specialize in Quadros preparation ?

    Need help regarding Quadros

    Marshall’s Answer

    Many do. You need only google "QDRO attorneys" and you will find plenty.

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  • Joint Legal Custody question.

    In the divorce agreement, it states that we both have legal custody and what looks like boilerplate normal section legalese to that affect and all sections quoted of code, etc. After reading a few sections down, it says that "if parents are unable...

    Marshall’s Answer

    Yes, that one sentence essentially gives mom 100% legal custody when it comes to health care decisions. She must consult with you about it but if you two fail to agree she can make the call. It's all legal and appropriate.

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  • Is a 401K a pension in a divorce case in California?

    If I have a 401K at work, am I suppose to report this as a pension plan and then join this tom y family law divorce case?

    Marshall’s Answer

    A 401K account is like a bank account. You do not need to join it. You do need to disclose it.

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  • Does "time away" from children include their time at school?

    My children get out of school at 2:30. I can't pick them up until about 5 twice a week. Once a week, I also work a 2-3 hour night shift. Their dad interprets the order to mean that I lose my custody time on those days. I believe our order means ti...

    Marshall’s Answer

    This is not black and white. Judges interpret this kind of language differently. In my many years of experience school time does not count in this context. At some point one of you will need to go back into the judge and get clarification. I also think you should consider asking for the right of first refusal language to be taken out. These types of clauses really don't work too well with parents who don't get along, and it sounds like you two aren't. You are allowed to hire day care if you need someone to watch them after school. Best of luck with this.

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  • What are my legal options when it comes to my situation?

    My husband and I have been together about 24 years and married for 16. He has not worked in almost 8 years. He is verbally abusive to our 17 year old daughter at times and has no communication skills whatsoever. He literally lays in bed and watche...

    Marshall’s Answer

    For what it is worth, you are not in a unique situation. In other words, you are not alone. I see the situation happening more and more in my practice. At this point you have a variety of options:

    First, (in no particular order) you can and probably should consider for some form of counseling. If you cannot afford a counselor, many churches, temples, etc. offer counseling to their members. Of course we cannot guarantee anything like this will work, but if what you are interested in doing is saving your relationship this might be a good place to start.

    Second option is for you to take steps to make your life better, whether he is part of that or not. This may involve going to court and getting a divorce, or a legal separation. Be aware, however, that, in the short term at least you may be looking at paying him some spousal support. The details of that kind of an analysis greatly exceeds this context of website question-and-answer, so if you have the ability to obtain a consultation with a family law lawyer in your area I strongly recommend you do that. Many attorneys will meet with you and give you a free consultation at first, and you may be able to get a lot of your questions answered in that context.

    Third, you can simply move out, leave your husband where he is to fend for himself. You can take your daughter with you (just make sure he knows where she is and how to contact her) and you can "start over." He may choose to file for divorce if you do that and he made them ask for support in that context, but that is his right and that is a bridge you will simply have to cross if you get there.

    I understand your concern about what will happen to him if you do this, And that is a very reasonable and understandable concern. That said, this is your life as well, and your child's life, and you are certainly entitled to be happy and satisfied in your life, and if you have to separate from this man in order to achieve that goal then you should seriously consider doing that.

    On the subject of support, you may be able to convince the court that they need to order your husband to get a job. Practically speaking, the court cannot actually force your husband to work; what it can do, however, is impute income to him (usually minimum-wage), which will then have the effect of reducing any support he gets.

    Please bear in mind that this is not as simple as it might seem. You may want to simply throw up your hands and move out of the house and let the chips fall where they may, but before you do that be aware that there are consequences to that kind of behavior, such as being asked to pay him support. It's much better in my opinion if you take the time to speak to some professionals about your situation and then call me and in a well reasoned manner plan how you're going to move on with your life. I also strongly recommend you obtain some individual counseling for yourself to help you through this situation. Best of luck.

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  • Restraining order.

    I called the police because my boyfriend and me were arguing and he pushed me. He was arrested and went to court. I didn't go to his court and he was released on probation for 36 months, community service, domestic violence classes and he has a r...

    Marshall’s Answer

    It sounds as if you have a criminal protective order. That is basically the same as a domestic violence restraining order, only it is issued by the criminal court. You will need to go before the judge who issued the order and asked to have the order modified, if for no other reason to allow your boyfriend to see his children. If you want to ask the judge to eliminate the restraining order regarding you at that time you can, however, as one of the other lawyers indicated, your boyfriend will probably have to complete more aspects of his probation before they will allow that.

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  • Do I have to physically go to TEXAS to file a motion to transfer the case to CALIFORNIA?

    --2/2013 dad granted physical custody in TX -our child has been living with mom in CA since 11/2013 because dad went through a divorce. -dad makes fewer than a handful of phone calls to son. No Facebook. No FaceTime. No Emails. -13 year old c...

    Marshall’s Answer

    If Texas is the state that issued the original custody order, and seems as if it is, and if the father still lives there, then the appropriate jurisdiction to determine any custody disputes in this matter will be in the Texas court.

    You will need to file this request in the Texas court. If you hire an attorney in Texas to assist you then you can probably run the entire adventure without personally going to Texas. If you are unable to afford an attorney, you might be able to file paperwork by mail and then appear either in person or telephonically. Again, if you can afford an attorney I strongly recommend you consult with one.

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  • Can/Do civil courts usually order certified tax transcripts to verify filing status or do they request a copy of filed taxes?

    Husband already pays ridiculous amount of child support. We were recently made aware that, if filing jointly, amount of child support could go even higher. However, filing separately will more than likely produce a much smaller return, if any retu...

    Marshall’s Answer

    Typically, the courts don't proactively seek out any documents; they leave the presentation of documents and evidence to the parties. The parties may be able to obtain tax returns from the IRS.

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