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Marshall William Waller
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Marshall Waller’s Answers

815 total


  • Can my last $36 be levied for child support? I now have no money and no food. Can I apply for emergency welfare now?

    In CA, I'm currently $2k in arrears for Child Support. I lost my job and couldn't last two months payments. I only had $36 in the bank account which was for food. Today I discovered that my account was levied and the account is now at $0. Is C...

    Marshall’s Answer

    Generally speaking, the answer to your question is "yes," they can take the last $36 out of your bank account. There are limitations to how much of your paycheck they can garnish, but your bank account is fair game.

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  • Can I press charges or is there something I can do

    I live with my fiance. His mother and I havent been getting alone for a couple months she keeps on breaking into my room stealing my stuff and leaving little hints in my room that she has been in there. Can I press charges? I know I need proof and...

    Marshall’s Answer

    You need to address this question to a criminal lawyer. Whether or not you can press charges will have a lot to do with the nature of which the house ownership is set up, among other things. Practically speaking, however, why don't you just put a lock on your door and keep the door locked when you're not there?

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  • How is a family lawyer different from a lawyer that handles divorce, child custody, and child support?

    Is it just a broader category of those 3 things?

    Marshall’s Answer

    For the most part, we all do those things. Some lawyers will specialize in certain aspects of this area, such as adoption, but generally speaking the term "family law attorney" includes pretty much every aspect of marital and a child related situations.

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  • What can my boyfriend do to show the court (judge) that this social worker is intentionally interfering with his overnight visit

    My boyfriend was granted overnight visits with his children by the judge at the last court hearing, but first the social worker from DCFS had to inspect my boyfriend's home and approve it was safe for his children. 3 days after the last court hea...

    Marshall’s Answer

    • Selected as best answer

    Your boyfriend needs to either prepare paperwork and filed with the court explaining what's going on (in the form of a declaration under penalty of perjury) or go to the court hearing and explain all of this to the judge. If your boyfriend can afford a lawyer to help him out with all of this I would strongly recommend you consider getting one.

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  • Are we divorced?

    Hi, First of all, thank you for taking the time to read my message. My husband and I agreed on filing a summary dissolution. We did file on 4/16/15 : (Judgment-Package, Petition and Declaration-Income & Expense.) Everything was reviewed b...

    Marshall’s Answer

    You are not alone in your frustration. It is taking the courts a very long time to process judgments, although this length of time is, in my experience, very unusual. You need to call the LA Superior Court Family Law Default Clerk, explain your situation and see if they can tell you what's going on. My guess is your paperwork fell through the cracks somewhere along the line and needs to ferreted out and put back in line for processing. Start your search by calling this number: 213 830-0830. That is the general number for the Family Law Clerk's Office. They open at 8:30am; start calling then and keep trying until you get someone. Tel whoever answers a short version of your story and keep asking until you end up with someone who knows what they are doing.

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  • Will the judge find it in the "children's best interest" to attend school together?

    It seems like the judge that I have favors my child's mom. I have been fighting for physical custody of my daughter since she was born. She is now 7 years old & my child's mom is stubborn & bitter she can not co-parent. She feels like she has th...

    Marshall’s Answer

    I don't think that what you're hoping will happen will happen. Practically speaking, how could it possibly occur unless you get full custody of your child during the school year, which seems to have already been decided by the court against you. You can certainly ask, but I would not count on it happening.

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  • What should i do?

    Isn't it child support is based on both parents income? I don't want the order that the commissioner ordered in our last hearing for my child support is there anyway I could file for an appeal? what form is that?

    Marshall’s Answer

    An appeal is highly unlikely on a child support case because it is calculated using a specific statutory formula where your income, the other parents income and the timeshare that each of you spend with the children is input into the formula and the result is the result. Unless the judge used the incorrect numbers for these variables or there was some other irregularity in the proceedings (which is unlikely) there isn't any bases for an appeal. If your income, the income of the other parent or the timeshare should change then you can go into court and seek a modification.

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  • How do we postpone court hearing date of our divorce case?

    I filed for divorce in October 2015, and my husband responded to the petition. 3 months have passed, but we are still living in the same household with 2 minor kids, and both are considering the possibilities of reconciliation. We haven't served e...

    Marshall’s Answer

    I am unsure what court hearing date you are referring to, but it is very simple to postpone the date if the two of you agree. You can telephone the clerk of the court in the court room where you're hearing is scheduled and tell the clerk that you have agreed together to postpone your case while you work on reconciliation and the court will probably take that hearing off calendar and will wait for one of you to file something else in the future if you want to fire up your case again. Alternatively, the two of you can go to court on the hearing date and explain that to the court and most likely the same thing will happen.

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  • It didn't give me enough room to ask my question. Which is basically what should I do at this point? My full question is below.

    My divorce was final as of October 31, 2015. My now ex husband was order by the judge residing over our case to pay 1/3 of the value of our family home, pay off our mutually owned vehicle and pay various bills that were accumulated during our marr...

    Marshall’s Answer

    You enforce the interest. You do not need to wait a year, the interest accrues on a daily basis. The way you collect is to find assets in which your ex has an interest and then levy those assets (conceptually its like a garnishment). You should also prepare and record in the counties in which you think your ex owns property an Abstract of Judgment, which should operate as an automatic lien on those assets. Debt collection is a bit of a speciality, and many lawyers will collect debts on a contingency basis (they take a piece of what they recover), so reach out to attorneys in your area who practice debt collection. You can certainly do this yourself but it does tend to be a little complicated with its unique and various forms and timing requirements and you might find it easier overall to have a lawyer do the collection part.

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  • Please tell me what we can do to get him out of here before he hurts someone again.

    I need help very soon. The police in my area do not help in any way. My father, physically and mentally abusive to me, my 6 year old daughter and my disabled mother; will not leave the home. The house we all live in together, is under my older sis...

    Marshall’s Answer

    You can, and should, immediately seek a domestic violence restraining order. It's fee to file and most courts have family law self help centers that will help you fill out the forms for free. This is a serious thing and you need to protect your child, your family and yourself. If he has struck you or other members of the family then you should be able to get the restraining order.

    You can go into court almost immediately on this, and while you should give notice to him that you are going to court on this, if you are afraid of how he will react to that notice (for example "I'm afraid he will attack me if he gets notice") then explain that to the judge, and the judge might grant your temporary request without notice. If the judge requires you to give notice you can always do so and come back the next day.

    After the temporary (ex parte is what they call it) hearing the court will schedule a more formal hearing in about three weeks, at which point you will explain to the judge in detail what has been going on and why you need a restraining order. The court also has the power to kick him out of the house if the circumstances are appropriate; physically striking you and other family members is sufficient to get a kick out of order.

    If you can afford it you should consult an attorney to help you with this, but it is not essential and with all of the resources available to victims of domestic violence in the courts these days you should be able to get through this on your own and with the help of the family law or domestic violence self-help centers. Good luck and take this seriously, because it is.

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