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Samuel R Walker

Samuel Walker’s Answers

143 total


  • My judgement was returned to me because I had a typo in my sons DOB on the petition. What steps must I take?

    This is a true default case. I know that I must amend the petition and have the respondent served. Do I have to include a blank response? What all must I file and serve at this time? Will I have to wait 30 days from date of service to send my jud...

    Samuel’s Answer

    If you are required to amend the petition and not just the proposed judgment then you will need to start all over again from the beginning and file the proper paperwork with the corrected info. If you only need to amend the proposed judgment then you will just need to resubmit the proposed judgment with the correct info.

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  • Is it sanctionable if in spite of standard restraining orders in divorce, OPC asks client to withdraw money from joint account?

    OPC counseled to stealthily withdraw cash from a joint account without informing me and deposit that cash into his account towards his fee, while the divorce case is still in progress. i came to know of it after a couple months when i checked the ...

    Samuel’s Answer

    You will need an attorney to review the court orders to give you an answer to that question.

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  • Will he get out or get charged?

    this is one of the charges my fiancee was charged with. HS11359 -POSS MARIJU HASH FOR SALE. The other one is PC1203 2A -PROBATION AND SUSPENSION. the thing was that he was letting a friend stay in the bag and it was his friends but his frien...

    Samuel’s Answer

    Your boyfriend has two separate issues the probation violation and the new charge. Even if the drugs were not his he could still be found guilty of a probation violation, depending on the facts and circumstances.

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  • Spouse had ATRO's of no selling or purchases over 100, he sold motorhome, 93,000 it went into a trust to pay the divorce

    Disabled since 1998, 18+ yr marriage-1995. Spouse closed joint checking accounts, moved Money an IRA, paid car off, my attny agreed, and paid himself from the 93,000 trust, I asked nooney be disbursed, I didn't know until I received a copy from my...

    Samuel’s Answer

    I would need to look over your file to help you. It depends on what the court order says. If you want attorney's fees from the other side you will need to fill out the proper paperwork to request them and then you will be given a hearing on that issue to determine what is a fair result based on the economics of the parties.

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  • Can I get emergency assistance with child custody?

    I will be going for my Trial brief this week on my divorce. From what I understand this is for the judge to see if were ready to proceed. We currently have joint custody with him having visitation. I would like to change visitation schedule and ma...

    Samuel’s Answer

    There is not enough information to answer your questions. If you have a trial date already you should know what the trial is going to include ie...whether or not child custody is going to be an issue at trial?

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  • My ex-husband and vacations w/ children - violation of terms of divorce agreement

    My ex-husband and I have a stipulation in our divorce settlement agreement that when we take the children on vacation we give the other certain details (where, with whom, dates, etc). Found out my ex is taking my small children out of town for 14...

    Samuel’s Answer

    You will need to act fast if you want to prevent him from violating the court orders. You will need to contact an attorney in your area to file an Ex Parte motion.

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  • What forms need to submit for judgment after granted divorce default?

    I self helped filing divorce recently. Am granted for default. Need help to know what forms need to submit for judgment to finish up.

    Samuel’s Answer

    The court should have a self help center where you can obtain the forms including any local forms that are required in your county.

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  • Child's name modification (hyphaniting the last name)

    We just got officially divorced and have a final judgment (except for custody issues); the judge denied mother's request to add her last name to the baby's name (the baby was less than one year old when the mother made an initial request); then a ...

    Samuel’s Answer

    It's unclear why your request was denied. Did you fill out the paperwork correctly? What was the judge's reason for denying the request?

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  • Would we the parents be responsible for child breaking the law?

    So my husband and his mom are 215 patients and recently my step son who is 15 has been stealing marijuana and not only smoking it but selling it. We took him out of that school and he was taking other narcotic prescriptions to school as well. Even...

    Samuel’s Answer

    I suggest you talk to an attorney in person and do not reveal any more information on this forum as it is not confidential. You also may have a child custody issue if the Department of Child Support Services becomes aware of the situation.

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  • Court Dispostion after expungement in California ?

    Is it possible to get the court dispposition after expungement in California ? my case was expunged but to file new visa i need certified court disposition . What is best way to get it

    Samuel’s Answer

    You can get the certified copies from the court clerk.

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