Marshall William Waller’s Answers

Marshall William Waller

Woodland Hills Child Custody Lawyer.

Contributor Level 15
  1. If my ex-husband refuses to give me flight and hotel info when he travels to mexico with our children can I keep them from going

    Answered about 2 years ago.

    1. Marshall William Waller
    2. Mary Katherine Brown
    2 lawyer answers

    If your court order is simply an order pending trial or final judgment in your case then the restraining order prohibiting removal of the child from California pending final judgment in this case is still in effect. You can also go into court "ex parte" as early as Thursday seeking an order that he give you the itinerary you need. If you can afford it, consider hiring a lawyer to help you asap.

    4 lawyers agreed with this answer

  2. Can a father file for custody without the baby's info or mother's?

    Answered about 2 years ago.

    1. Marshall William Waller
    2. Tobie Brina Waxman
    2 lawyer answers

    Yes, you can file, even without a name. Be sure to file immediately or California will lose jurisdiction. DO NOT DELAY. If you can afford it, hire an experienced family law attorney.

    4 lawyers agreed with this answer

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

    Answered over 5 years ago.

    1. Alan Roel Rothstein
    2. Marshall William Waller
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

    6 people marked this answer as helpful

  4. I am a female Canadian and getting married with my fiancee who is American..

    Answered 3 months ago.

    1. Alexander Joseph Segal
    2. Marshall William Waller
    3. Giacomo Jacques Behar
    3 lawyer answers

    Assuming you are currently single I see no reason why you can't marry as soon as your fiancées divorce is final. Note that there is a 6 month waiting period for a divorce to become final in California, which runs from when the Responding party in the divorce files their response or from when they are served with the Petition. The Notice of Entry of Judgment that your fiancée receives(d) will have the date the Judgment becomes final set out in it; he can marry at that time. As for the...

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  5. "Father" never paid child support because he was working under his father's SSN (same name). We reopened the case..CA to CO

    Answered 3 months ago.

    1. Marshall William Waller
    2. Edna Carroll Straus
    2 lawyer answers

    This is a very common threat and often times is actually carried out because the costs associated with enforcement coupled with the likelihood that he will hide his assets puts you in a very difficult situation. I recommend you take this issue to your local Department of Child Support Services who may be able to assist you free of charge. They (and only they) have the power to intercept tax refunds, suspend licenses, etc., and since it doesn't cost you anything the benefits of their assistance...

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  6. Can ex-husband adjust exemptions on his w-4 in order to reduce alimony and child support payments?

    Answered 3 months ago.

    1. Marshall William Waller
    2. Gregory Paul Benton
    2 lawyer answers

    Support is set not on what your ex claims on his taxes but on what the actual taxes are, using the most logical available tax selections. So, if your ex is single and only appropriately has one exemption available to him then that is what the court will use when setting support. He can ultimately do whatever he wants, but the amount set by the court will be based on what is available and appropriate, not on what your ex chooses to do. I do wonder why the order is based on net support. It is...

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  7. Can I appeal a child custody case after my attorney did'nt present all the facts in the case such as domestic violence etc.

    Answered 2 months ago.

    1. Kelvin P. Green
    2. Marshall William Waller
    3. Ross Carlton Meltzer
    4. Herb Fox
    4 lawyer answers

    It is impossible to give an opinion on the viability of an appeal without a thorough review of all the evidence, the filings and the court transcript in your family law case. You really need to present that information to an appellate specialist for review. That said, if there was evidence that in your opinion should have been presented to the court but wasn't, that really isn't an appeal issue as much as it is an issue of the way in which your attorney handled your case, which is a different...

    3 lawyers agreed with this answer

  8. I'm getting sued for child support do I need a lawyer? What can I do to fight it in court?

    Answered 3 months ago.

    1. Jeffrey Scott Drabin
    2. Marshall William Waller
    3. Cherie Lynn Brenner
    4. Gregory Paul Benton
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    If you can afford a lawyer then by all means you should hire one. That said, child support is relatively mechanical if both of you are W2 wage earners, so if you are unable to afford a lawyer I would't panic.

    3 lawyers agreed with this answer

  9. I am legally separated and now would like to get a divorce. What is the quickest and easiest way to do that?

    Answered about 2 years ago.

    1. Marshall William Waller
    2. Donald Frederick Conviser
    3. Robert Brett Burch
    3 lawyer answers

    By saying you are "legally separated" I am assuming you have a judgment of legal separation. If that is the case, the easiest way to get divorced is to file a new Petition for Dissolution. The boxes regarding property will indicate no community property since that was all (presumably) resolved in the legal separation matter, as would have all issues regarding children. If your legal separation action is still penning, simply make a request of the court to amend your petition to request...

    3 lawyers agreed with this answer

  10. If I am medically retired from work (4 yrs after divorce) will I still have to pay alimony. She already was awarded my pension.

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. Marshall William Waller
    3. John Noah Kitta
    3 lawyer answers

    These are questions that are more complicated than they appear. The short answer is this: assuming spousal support is modifiable then while it will continue going it can be modified to reflect any changes in income and employment experienced by either of you. Also, the termination of child support will also have an impact on this dynamic. Please note that none of this happens automatically; you must go into court and let the judge know what is going on and that you need relief.

    3 lawyers agreed with this answer

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