Questions Answered by Marc Andrew Moses

Q: My wife has a daughter that isn't mine that I have raised for the past 15 years. Will I have to pay child support?

1 Answer | Asked in Child Support and Divorce for Washington on
Answered on Apr 12, 2019
Marc Andrew Moses' answer
The short answer is no, but it depends on a few other factors.

Children from other relationships are not considered for child support. The "depends" part is if the mother believes you are the father, which can be overcome with a DNA test, which would then result in you not paying child support.

Basically, the law states :

RCW 26.16.205

Liability for family support—Support obligation of stepparent (which you are presumably Not, being unmarried)....

Q: My child’s father recently moved to California, me and the child live in Washington, we don’t have a parenting plan...

1 Answer | Asked in Child Custody and Child Support for Washington on
Answered on Mar 30, 2018
Marc Andrew Moses' answer
I wouldn't wait to see if you are going to get in trouble for not allowing your child to talk to the other parent. There may be reasons to do so, but I would rather see you present the issue to the court and get a judge to issue an order.

If the child resides in Washington, you can file a petition in Superior Court in the county where the child lives, then ask for a parenting plan and a child support order, the two issues mentioned in your question, as well as other issues that may...

Q: Does the non custodial parent stop paying child support during visitations, ie... summer breaks?

1 Answer | Asked in Child Support for Washington on
Answered on Mar 30, 2018
Marc Andrew Moses' answer
When a Washington court orders child support, the order states when it is payable- monthly, or bi-monthly, or perhaps within some other time frame. Unless the order states that payment of child support may be suspended when the non-custodial parent has parenting time (which is highly unlikely), child support is due all year long.

Generally, child support and visitation are two separate issues. Visitation cannot be withheld because of non-payment of child support; likewise, child...

Q: I’m a father living in Washington State and I pay child support in NY. I need a lawyer should I look for one here or NY?

1 Answer | Asked in Child Support and Family Law for Washington on
Answered on Mar 30, 2018
Marc Andrew Moses' answer
Short answer: It depends.

You wrote that you needed a lawyer, but didn't give the reason. It depends on what you are trying to accomplish. If you're looking to modify the amount of support or other order, and if the children have been living in New York for at least the last six months, you will need an attorney licensed to practice in New York to handle the case there, because New York has jurisdiction over the children. There may be exceptions: If the children have been living in...

Q: What to do if my spouse does not want to sign divorse papers?

2 Answers | Asked in Divorce for Washington on
Answered on Sep 11, 2017
Marc Andrew Moses' answer
When you say that your spouse will not sign divorce papers, I will assume that you have filed for dissolution, then tried to work out a settlement that you think is fair but he/she doesn't, so she won't "join" in the petition, which is what WA state calls it when the spouse agrees with the terms of the divorce you are asking for. Without your spouse's agreement, unfortunately you have to take further steps. Have you had a settlement conference? With a filed dissolution case, you can ask the...

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