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Marshall William Waller
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Marshall Waller’s Answers

819 total


  • What should i do?

    Isn't it child support is based on both parents income? I don't want the order that the commissioner ordered in our last hearing for my child support is there anyway I could file for an appeal? what form is that?

    Marshall’s Answer

    An appeal is highly unlikely on a child support case because it is calculated using a specific statutory formula where your income, the other parents income and the timeshare that each of you spend with the children is input into the formula and the result is the result. Unless the judge used the incorrect numbers for these variables or there was some other irregularity in the proceedings (which is unlikely) there isn't any bases for an appeal. If your income, the income of the other parent or the timeshare should change then you can go into court and seek a modification.

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  • How do we postpone court hearing date of our divorce case?

    I filed for divorce in October 2015, and my husband responded to the petition. 3 months have passed, but we are still living in the same household with 2 minor kids, and both are considering the possibilities of reconciliation. We haven't served e...

    Marshall’s Answer

    I am unsure what court hearing date you are referring to, but it is very simple to postpone the date if the two of you agree. You can telephone the clerk of the court in the court room where you're hearing is scheduled and tell the clerk that you have agreed together to postpone your case while you work on reconciliation and the court will probably take that hearing off calendar and will wait for one of you to file something else in the future if you want to fire up your case again. Alternatively, the two of you can go to court on the hearing date and explain that to the court and most likely the same thing will happen.

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  • It didn't give me enough room to ask my question. Which is basically what should I do at this point? My full question is below.

    My divorce was final as of October 31, 2015. My now ex husband was order by the judge residing over our case to pay 1/3 of the value of our family home, pay off our mutually owned vehicle and pay various bills that were accumulated during our marr...

    Marshall’s Answer

    You enforce the interest. You do not need to wait a year, the interest accrues on a daily basis. The way you collect is to find assets in which your ex has an interest and then levy those assets (conceptually its like a garnishment). You should also prepare and record in the counties in which you think your ex owns property an Abstract of Judgment, which should operate as an automatic lien on those assets. Debt collection is a bit of a speciality, and many lawyers will collect debts on a contingency basis (they take a piece of what they recover), so reach out to attorneys in your area who practice debt collection. You can certainly do this yourself but it does tend to be a little complicated with its unique and various forms and timing requirements and you might find it easier overall to have a lawyer do the collection part.

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  • Please tell me what we can do to get him out of here before he hurts someone again.

    I need help very soon. The police in my area do not help in any way. My father, physically and mentally abusive to me, my 6 year old daughter and my disabled mother; will not leave the home. The house we all live in together, is under my older sis...

    Marshall’s Answer

    You can, and should, immediately seek a domestic violence restraining order. It's fee to file and most courts have family law self help centers that will help you fill out the forms for free. This is a serious thing and you need to protect your child, your family and yourself. If he has struck you or other members of the family then you should be able to get the restraining order.

    You can go into court almost immediately on this, and while you should give notice to him that you are going to court on this, if you are afraid of how he will react to that notice (for example "I'm afraid he will attack me if he gets notice") then explain that to the judge, and the judge might grant your temporary request without notice. If the judge requires you to give notice you can always do so and come back the next day.

    After the temporary (ex parte is what they call it) hearing the court will schedule a more formal hearing in about three weeks, at which point you will explain to the judge in detail what has been going on and why you need a restraining order. The court also has the power to kick him out of the house if the circumstances are appropriate; physically striking you and other family members is sufficient to get a kick out of order.

    If you can afford it you should consult an attorney to help you with this, but it is not essential and with all of the resources available to victims of domestic violence in the courts these days you should be able to get through this on your own and with the help of the family law or domestic violence self-help centers. Good luck and take this seriously, because it is.

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  • Can my refusal to use such a service when its not in my MSA be used to bring me back to court?

    Hi, I'm recently divorced here in CA, I have joint legal / physical custody of my 6-year-old daughter. Ever since the divorce has been final my ex has been pushing for us to use a communication service like Our Family Wizard to communicate through...

    Marshall’s Answer

    In my opinion you are not going to lose custody simply because you do not agree to use Our Family Wizard. That said, it only costs $100 per year, and while I realize that is still $100, eight dollars a month is really not that bad a deal to ensure peaceful and civil communication between the two of you. You should also look into "talkingparents.com," Which is a free service that does essentially the same thing.

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  • Can I get a continuance?

    I was improperly served a responsive declaration and still have not received it. Court is coming up and due to the complexity of my case Im retaining counsel but will not be able to do so until after court. The other party has counsel. Can I ask f...

    Marshall’s Answer

    Yes, you may ask for a continuance. It will most likely be granted, especially because you are asking for a continuance because you have not received the papers in a timely manner and because you want to hire counsel. The best way to go about doing that is to simply call the other attorney and ask if they will stipulate. If they will not, then you can either wait until the day of the hearing, (which I do not recommend) and you can ask the judge at that time for a continuance, Or, you can go into court on what is called an ex parquet court appearance and ask for a continuance in that context. A court appearance of this type is usually reserved for "emergency" circumstances, but it is an appropriate method for addressing items dealing with the courts calendar. You essentially prepare paperwork in the form of a request for order, Explain to the court why you want to continuance, and then go in and present your papers. There's a very strong likelihood that that request will be granted.

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  • Can I get emancipated if?

    Can I get emancipated if I'm 19. My mom doesn't support me any longer, I don't live with her and I never did and I'm having problems to get financial aid because her income tax is high, also she keeps bothering me even she doesn't help me in any a...

    Marshall’s Answer

    You are 19; you're already "emancipated;" you're an adult.

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  • Can I lose joint custody over this?

    I have joint custody of my 5 year old child. She lives with her mom and I get her every other weekend. I recently spent one night in jail due to loudly arguing with my partner. My daughter was in my home but she slept through the entire thing. She...

    Marshall’s Answer

    Your ex can certainly raise this with the court, but it is unlikely that, under the facts you have given us, that without more you would lose custody over this. I recommend you try to discuss this situation with your ex to allay her fears and concerns over this.

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  • Is it legal for us to get married without parental consent?

    I am 19 and she is 17 and pregnant.

    Marshall’s Answer

    Generally speaking, a minor must obtain parental consent to get married. Seeing as how your girlfriend is pregnant, I strongly recommend the two of you speak to her parents (and probably yours, as well) about the situation; maybe they will give their consent, under the circumstances. You should also note that your girlfriends parents do not have the right to force her to get an abortion.

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  • How can I defend myself against Child Support Modification?

    Five years ago my ex and I broke up. We have a child together. A tax return from a year prior to that (where I made about 60k or so by myself) was used to calculate my child support expenses. I pay a very high amount and because I don't want to fi...

    Marshall’s Answer

    If you can't afford to consult with an experienced family law attorney, you should do that. If you cannot afford to do that, most courts in California have family law self-help centers that will provide legal assistance for free. You should note that they cannot give legal advice; rather, they help prepare the forms. The calculation of child support in California is formulaic and very straightforward. There is a computer program that he is very popular in California called "DissoMaster." If you go online you will probably be able to find an online child support calculator that you can use to get a sense of what kind of child support you may be required to pay.

    The calculation of child support is basically a function of a comparison of the incomes of you and your ex, the current time sharing arrangement you have with regard to your child with your ex, and some other fine tuning factors, including in your instance the fact that you have additional children that you're supporting. Basically, you should run the math on this issue using the numbers as you know them to be and see where that gets you. If it lands you in a spot that you feel you cannot afford to pay (not an uncommon experience in California) then you need to do two things: first, give some thought to resigning yourself to the higher amount of support, because there is not a whole lot of discretion in this regard; and, second, plan on going into court and explaining to the judge your particular circumstances and offer an explanation as to what you feel to be an appropriate amount of child support. Bear in mind, however, that the child support will ultimately be calculated by the court using The statutorily imposed formula. There are some exceptions to that, but they are pretty rare and might not apply to your situation. Good luck.

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