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Marshall William Waller
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Marshall Waller’s Answers

690 total


  • What could i do to stop my kids father from enrolling them in a different school before our mediation date.

    My kids have been in my custody for ten years and going to a great school and getting great grades. Dad recently got custody of them and lives in a differnt county about 20 min away. The judge has orderd me to drug test for three months and has se...

    Marshall’s Answer

    At this point it appears that your ex has legal custody of the kids, and if that is so then he will have the ability to determine where they will attend school. That said, under the basic facts you have listed there might be good reason for the kids to stay where they are, and if so then the only thing you can do at this point is to file a Request for Order with the court, lay out all the facts and ask that the kids be allowed to stay in their current school.

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  • Is going to have lunch with your children at school considered a function?

    The judge said on the court papers that mother could attend all school functions. Today after visiting my children my daughter had to go back to her dads house, she was crying saying she didn't want to go so I told her that I would take her lunch ...

    Marshall’s Answer

    As Mr. Durham noted, what is and is not a "function" is a matter of opinion. In my opinion bringing your child lunch is not a "function." I understand why you did it, and I think that under the circumstances that should likely be ok in the big picture, but i wouldn't make a habit of it.

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

    I retained a family law attorney that my husband and I thought was great. We had solid evidence in our case. school records , pictures of bruises etc. He failed to present all this information on the last court date and we lost the case what can b...

    Marshall’s Answer

    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 area of law altogether. I suggest you speak with your lawyer about your concerns, learn as much as you can about why decisions were made in your case and then seek a second opinion from an experienced family law attorney to see what your options from that point might be.

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  • Can a debtors exam be held in family court to collect child support judgment? How did I ever get a judgment against me for child

    I was once told that debtors exams don't exist in family court? I believe it was improperly held then. It became real strange, I had nothing to hide however the judge had no paperwork on it, so maybe I should have refused it, or better my attorney...

    Marshall’s Answer

    Debtor's exams do indeed exist in family court, which is simply a branch of the overall "civil" court system.

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  • Have court order to pay alimony and child support. Just laid off, how much do I have to earn in next job to keep Court happy?

    My attorney said that I need to find "substantially similar work" in order to not be in contempt of court order to support. What does "substantially similar work" mean? I was earning about $150,000 a year, am I allowed to accept a job that pays ...

    Marshall’s Answer

    Your attorney is not exactly correct. You are in contempt of court if you willfully disobey a court order. The court order you describe is that you pay a specific amount of money in support. If you are unable to do that because you lost your job and have no (or little) income then the reason for non payment is not that you are deliberately refusing to pay, it is because you don't have the ability to pay; it's a big difference. Keep in mind that you should always pay SOMETHING, as much as you can afford while you are looking for work. That should help insulate you from being held in contempt. You should also immediately file an RFO (Request for Order) asking the court to reduce the support order to reflect you new, lower income. DO NOT DELAY in filing that request. As for the type of job you should get, of course in a perfect world you will obtain comparable employment, both as to skill and rate of pay. We don't live in a perfect world, however, and you may not be able to achieve either of those goals. The important thing is that you seek employment to replace what you lost and you do so in good faith, aiming to hit both mentioned goals. You might also call your ex to see if you can come to an agreement to temporarily reduce support while you look for work without having to go into court. Can't hurt to try. Good luck.

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  • My x is now renting a room with seperate entrance.no running water or toilet.my 10 year old daughter visits him.

    She would have to walk across yard, unlock door and pinch in a code to access running water.not to mention sleeping in a small room with dad.not sure about heat or smoke alarm.does she have to spend the night?

    Marshall’s Answer

    Sounds like a difficult situation. That said, if your daughter is otherwise safe and her dad is looking after her then the court will likely not intervene.

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  • Is it unusual for only the NCP parent to be given summer vacation time in the custody order?

    In our custody order, NCP was ordered to have 3 weeks of vacation time during the summer and exchanged desired dates with the other parent. Now the other parent is trying to say they have vacation as well but it was never checked off that they do ...

    Marshall’s Answer

    The court order will control. If it gives a specific period of summer vacation to the NCP but not to you, then you do NOT have a specific period of summer vacation. I imagine you can get it if you ask, but you will need to ask. If the NCP will not cooperate then you will need to go back into court and ask the judge.

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  • Child custody

    In regards to child custody, does time at school count as time with one parent over the other? My spouse takes the kids to school and picks them up. Does the time they are in school count towards his time or does the court not count that time?

    Marshall’s Answer

    The answer provided by Ms. Waxman is indeed correct. They sometimes call that the "throw up" rule: who gets called when the child throws up? The more difficult situation is when BOTH parents are available to be called in that context, and then there will be some arguing with the court about how best to handle that. Were I the judge I would likely give the time to the parent who has historically been the one that was called during the time the family was intact.

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  • How will court allocate private school costs?

    I share joint legal and physical custody with my ex of our 5 year old daughter. Our daughter has been enrolled in private preschool since she was 6 months old but her school ends at pre-K and it's now time for her to enter Kindergarten. My ex and ...

    Marshall’s Answer

    Usually the courts o not order an objecting party to contribute to the costs of private school tuition.

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  • In the state of California is it required for the fiancee or donee to return the ring on broken engagement?

    My fiancee and I are no longer getting married, she broke it off due to various factors such as not liking my kids and wanting me to work less. I have asked for it back but she refuses.

    Marshall’s Answer

    There is a specific code section that deals with this question. Check out the link below.

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