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Marshall William Waller
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Marshall Waller’s Answers

819 total


  • Proper preparation of FL-340 "Findings and order after hearing"

    I was recently awarded custody in San Bernardino Family Court. At the end of the hearing I was handed an FL-340 "Findings and order after hearing" and an MC-025 form. I've printed the minutes of the San Bernardino website. I'm wondering how much ...

    Marshall’s Answer

    You cannot add clarifying points into the findings and order after hearing; you basically have to stick with what the judge said in court. If you can get the other side to agree with the clarifying points that you would like the judge to order, you could do that and you will need to get the other side's signature on the proposed order after hearing indicating that agreement. Absent that however you will need to go back into the judge on a motion for clarification and tell the judge what it is you wouldlike to have clarified, make suggestions as to the language to be used, and then have the judge tighten up the order that way.

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  • How can I have this fixed? Is filing a motion my only recourse here?

    My child and support was set to 0 by the court when I lost my job in July 2014. When I found a job in December 2014 there was already a trial scheduled for 02/10/2015 for final judgment to deal with permanent support, income imputation so neither ...

    Marshall’s Answer

    I do think that filing a motion is going to be the best way to handle this. You make a very good argument in equity for non-accrual of interest during the retroactive. Time, and in my opinion only the judge is going to be able to make that kind of an equitable call; the child support collection agency will not be able to do that. They are simply going to follow the law which gives them the right to ask for interest. It does seem to me that if you do get it frontof the judge on this you will probably get the relief you seek.

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  • U.S., Passport for minor children

    I am a single mom, and have 3 children. I want to make the passports for my children to travel outside of U.S. However, the father of my first child that I divorced 5years ago, that I do not know where he is at. also the father of my other 2 chi...

    Marshall’s Answer

    • Selected as best answer

    If you have sole legal custody of your kids you should have no trouble getting a passport for them. If you do not yet have a court order giving you sole legal custody you should get into court and ask for that.

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  • What paperwork should I file for the situation below? Would it be paperwork for contempt or another motion?

    There is a court order in place the father and I follow recommendations of our co-parent counselor. The following have been made recommendations from the co-parent counselor (and are not being followed by the father at all): mid-visit (during ever...

    Marshall’s Answer

    It's hard to evaluate the efficacy of a court order without seeing it in its entirety. Chances are, however, that it is not written properly to support a contempt action (most are not). If your ex is not following the order then contempt is a way to seek compliance, but those actions are more complicated than might otherwise seem and if you can afford an attorney to help you should. If not, go to the family law self help center in your court and ask for help preparing the contempt. That will at least get you in front of the judge who might be able to provide some help in clarifying the orders and in getting your ex to follow them.

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  • Would religious papers considered in divorce court

    when i got married i also got married in Islamic way at the mosque. I got certified of marrige from there which is paper that basically said: I XXX imam of XXX mosque do hereby certify that XX and XX have declared and affirmed before me that t...

    Marshall’s Answer

    I recommend you contact Abbas Hadjian on this. He is in Los Angeles and has a lot of experience with issues such as this.

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  • Are there attorneys who specialize in Quadros preparation ?

    Need help regarding Quadros

    Marshall’s Answer

    Many do. You need only google "QDRO attorneys" and you will find plenty.

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  • Joint Legal Custody question.

    In the divorce agreement, it states that we both have legal custody and what looks like boilerplate normal section legalese to that affect and all sections quoted of code, etc. After reading a few sections down, it says that "if parents are unable...

    Marshall’s Answer

    Yes, that one sentence essentially gives mom 100% legal custody when it comes to health care decisions. She must consult with you about it but if you two fail to agree she can make the call. It's all legal and appropriate.

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  • Is a 401K a pension in a divorce case in California?

    If I have a 401K at work, am I suppose to report this as a pension plan and then join this tom y family law divorce case?

    Marshall’s Answer

    A 401K account is like a bank account. You do not need to join it. You do need to disclose it.

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  • Does "time away" from children include their time at school?

    My children get out of school at 2:30. I can't pick them up until about 5 twice a week. Once a week, I also work a 2-3 hour night shift. Their dad interprets the order to mean that I lose my custody time on those days. I believe our order means ti...

    Marshall’s Answer

    This is not black and white. Judges interpret this kind of language differently. In my many years of experience school time does not count in this context. At some point one of you will need to go back into the judge and get clarification. I also think you should consider asking for the right of first refusal language to be taken out. These types of clauses really don't work too well with parents who don't get along, and it sounds like you two aren't. You are allowed to hire day care if you need someone to watch them after school. Best of luck with this.

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