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Marshall William Waller

Marshall Waller’s Answers

819 total

  • Do I still have to pay my ex-wife alimony if she is living and engaged to another man?

    I have been paying alimony for around 4 years and my ex-wife has put a status of engaged in her Facebook account. I discovered that her new address which she has been liven for over a year is the same address as the man she is engaged to. Am I obl...

    Marshall’s Answer

    You need to go into court to ask for a reduction of alimony payments based on the presumption of decreased need due to her cohabitation. That's a bit of a big endeavor so if you can afford to consult with an attorney on this subject.

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  • Can I move out without telling my parents? If they report me as missing, how can I get out of that situation?

    Hello, I would really appreciate some advice regarding my current situation. I am 18, and will be 19 in July. At the moment, I still live with my parents and am currently enrolled in a community college. There's a lot to my story but I'll try t...

    Marshall’s Answer

    You are 18, which means in California you are an adult and your parents can no longer tell you what to do or where to live. That said, my guess is that they still pay for everything, which as I'm sure you have realized pretty much gives them a lot of power over you. I think you should sit down with your parents and try to have an adult conversation with them and explain to them that you are doing your best in school and that you are not being distracted from your education and that you hope they will respect the choices that you make as an adult.

    You will not be able to convince them that the choices you're making as an adult are appropriate unless they are in fact appropriate for you. If you are making irrational choices or acting foolishly then you have every reason to expect your parents to try to keep you from making mistakes. It's hard to tell in a situation like this whether the child is out of control or whether the parents are being overprotective.

    If you and your parents are unable to come to an understanding that will allow you to continue to live with them and be supported by them then your only option is to move out. You do not need your parents permission, but you will need money, so you need to get a job. I realize you sold your car, but there are lots of people out there who have jobs and who go to school who do not have cars. They arrange carpools at school and even at work. It will be very difficult for you to support yourself working part-time at a minimum wage job, so you and your parents are going to have to come to understanding that will give you the best opportunity to succeed, while at the same time respecting your parents wishes and rules if you're going to be living in their house.

    I do not believe that your parents should tell you who you can love and who you cannot, but these situations are difficult enough in for parents with heterosexual couples; it becomes even more difficult for some parents to accept that their child is homosexual, and that is just something you're going to have to work with with your parents, probably for the rest of your life.

    As a parent myself of kids who are in college, I have some insights from your parents perspective. I'm not sure if this will help, but assuming your girlfriend is a reasonable and normal person then I recommend you do what you can to get your parents to know her better so they can realize and appreciate that the relationship is real and that she only wants the best for you. I can guarantee you that at the end of the day your parents probably simply want you to have a good life and a good and happy future. It may take them some time to come to grips with the fact that you turned out differently than they expected, but with time, patience, love and compassion, and most importantly respect, the three of you should be able to get through this with the relationship intact.

    Good luck with this. If you have anyone you can speak to about this such as a family member, teacher or clergy member or support group for something like that I strongly suggest you turn to them for counseling as well.

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  • Can I have my declaration my read by the mediator prior to the session?

    I will be attending a mandatory custody services hearing as my ex is filing for sole legal custody.

    Marshall’s Answer

    You need to make sure that it is in the court file for the mediation. You should also bring a copy with you to give to the court mediator to look at if they have not have a chance to read it.

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  • Does the other party in a divorce action need to file a Income and Expense Statement with his Response?

    I filed a RFO for attorney fees to be paid by my spouse. He has not resplied to the filing. I understand the attorney fees is based on disprity of income in most cases. but what if he has not filed and I cannot tell what he earns and spends. Can ...

    Marshall’s Answer

    I agree with the earlier answer. I would add that you should indicate somewhere (usually it's on page 1 of your Income and Expense declaration) giving the court your best estimate of what he earns; that may end up being the only evidence in that regard before the court.

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  • My ex and I got into an argument about our son and I reached over and slapped him. He called the cops and when they arrived my s

    My ex and I got into an argument about our son and I reached over and slapped him. He called the cops and when they arrived my seven year old sons confirmed my slapping and I was arrested. When I was in jail my ex filed for an ex parte seeking ful...

    Marshall’s Answer

    First, stop posting on this (or any) public bulletin board; you might incriminate yourself.

    You do indeed have an issue on your hands, and it is potentially more complicated than you might think. If you can afford an attorney hire one asap. If you cannot afford a lawyer, make sure you go to all the court hearings so things don't happen without your knowledge. At this point, your situation is that you slapped your ex. Deal mostly with that. You will likely be required to take anger management classes no matter what, so you may want to be pro-active her and enroll in one to show the judge that you see the issue and you are trying to deal with it. That is a two edged sword, however, and many attorneys would advise you to NOT do that, advice I totally understand. That's something you need to sort out on your end since you know the facts better. This is a good time to again suggest you speak to a local lawyer about this.

    If you are found to have committed an act of domestic violence there will be a presumption that you should NOT have custody, unless it is shown to be in the children's best interests for you to have custody, so be prepared to present evidence at the DV hearing to that effect.

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  • Could custody change

    I am the father of 3 and have custody. Mother is moving back from WV. Mother will need to work at least 2 jobs in order to afford to live out here in CA. If mother is hardly home what will custody look like 50/50 ect. My reason is I would rather t...

    Marshall’s Answer

    The courts really try to keep money out of this analysis. To quote a famous case from a long time ago when it was argued that the other parent could keep the kids in the manner in which they were used to living due to his disability, the court replied "that's what child support is for."

    I agree that having your 14 year old care for the kids while their mother is at work is not necessarily the best plan. However, during mom's time she can employ daycare just as you can. If the chosen day care provider is unacceptable to you (and it seems it is) then you can go to court and present your concerns and ask the court for guidance in this regard. Also bear in mind that the law provides that if your ex needs to hire day care to allow her to work you can be required to pay for one-half of that. (That goes both ways, by the way).

    As far as how 50/50 timeshare will look, I have to assume she doesn't have that now since she lives out of state. Also, when she gets here, unless your judgment says something different, timeshare won;t just automatically go to 50/50. The two of you need to talk about what you each feel will be the best timeshare for the kids under the new circumstances of mom re-locating here, and if you are unable to agree then you will need to go to court to ask for a court-ordered timeshare plan.

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  • My question is when i file the QDRO from SHEET METAL WORKERS NATIONAL PENSION FUND,do i file seperate or shared interest QDRO?

    hello,my name is Tammy Swenson/Ronspiez you can find my case file in SAN BERNARDINO court FAMILY LAW#FAMSS806153 it will be under my xhusbands name BOBBY LEE RONSPIEZ.. first off ,id like to exspress that he had been going to court with out my kn...

    Marshall’s Answer

    You should hire an attorney who specializes in preparing QDRO's. I am uncertain who in Redlands does that, but I can recommend Louise Nixon in San Marino and Darren Goodman in Thousand Oaks. Most (if not all) of their work can be done by email, so the location really isn't a big deal. It should cost between $1,000 and $2,000 depending upon what all is needed.

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  • What info do we need to win?? Does anyone have a similar case and what was the outcome?

    My wedding ring completely broke in half after a year of having it and our jeweler refuses to give a refund. We took it to another jeweler to see if he could fix it (we have given ours multiple chances) and he actually discovered that the ring had...

    Marshall’s Answer

    I would add to Ms. Straus' answer that you should bring in whatever documentary evidence you may have regarding its condition, the work done on it, etc. Bring the jewel itself in as well so the judge can see it.

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  • The police took me to the station where mental health professionals cleared me. THE POLICE THEN DROVE ME HOME IS THAT NORMAL?

    i have the picture perfect family that describes DYSFUNCTIONAL and My father is the king. Im a 34 yr old highly intelligent, creative, likeable, unique, down to earth exceptionally beautiful woman inside & out w/a huge heart. My fathers' a...

    Marshall’s Answer

    Perhaps you should consider getting a restraining order against your father. That way, the next time your father makes a telephone call from 3000 miles away asking to have you arrested for fear of attempting suicide you can show the order to the police and explain to them that this is just a continuation of the harassing behavior. As far as whether or not being driven home by the police is "normal," I really couldn't say, but it certainly does not sound like a bad thing.

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  • What is going to happen when I go to court on a charge for domestic violence, never been charge for anything or been to court.

    What type of charges are 50,000 bail, and is domestic violence a felony

    Marshall’s Answer

    It sounds as if you're being criminally charged, and based upon the amount of bail my guess is you're being charged with a felony he and based upon the amount of bail my guess is you're being charged with a felony. If so, on your first appearance in court you will be asked to enter a plea; you will probably say "not guilty." If you're being charged with a felony the court will then schedule a preliminary hearing, which will occur relatively quickly. You should plan on losing the preliminary hearing because the standards of review are rather minimal and for the most part criminal preliminary hearings are routinely determined in favor of the prosecuting attorney. The purpose of a preliminary hearing is simply to determine if there is sufficient grounds to hold you over for trial.

    Assuming that you are held over for trial, then the trial will be scheduled, again within a relatively short period of time. If you're being criminally prosecuted and you can not afford to hire your own attorney an attorney will be appointed for you by the court.

    If you are being charged with a misdemeanor the procedures are a little different, and under either scenario you will have the opportunity to work out a compromise or a settlement with the district attorney, although domestic violence cases are a little more difficult to settle because it is such an important topic in California.

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