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Questions Answered by Zachary C Ashby
1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: Case on UCCJEA and UIFSA. California is the home state of the children and mother. Washington is the home of father.

Need help with our case. The children live in california. They were born in Mexico. They moved to California in 2015 with their mother who chose not to allow contact with my husband as soon as she arrived in the US. My husband moved here to Washington from Mexico in 2010 so has have never lived in... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

For child support, the state where the children live is where jurisdiction is proper. If the children live in California, California has full power to establish a child support obligation and require your husband to pay.

UIFSA and UCCJEA are what are known as uniform law. They are created...
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1 Answer | Asked in Family Law and Tax Law for Washington on
Q: Can non custiodial claim child on taxes if he didn't pay childcare or medical expenses court ordered too throughout year

In previous order if child support was in arrears he couldn't claim. That was forgotten in new orders. It does state he claims oldest. I have paid all childcare and medical expenses while he refused to follow orders. Support enforcement is garnishing but I have to wait until next year to file... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

This all depends on what your child support order states. If the child support order places conditions on claiming the tax benefit, he must meet those conditions.

If there are no conditions, he can claim because the order says he can.

Now, if he owes money, all you need to do is...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Family Law for Washington on
Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.

-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.

-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.

-Both P.&R. are ProSe litigants.

-P.... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.

As with all protective orders, the terms of the order must be strictly followed. There were other options such as...
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1 Answer | Asked in Family Law for Washington on
Q: Can a child be taken by mother back home to California if the temporary custody has ended in Washington

But my hearing is tomorrow

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

That is possible if there are no other court orders conflicting with the child going to California.

1 Answer | Asked in Family Law for Washington on
Q: If dad is not listed on the birth cert does he need to be notified a of guardianship petition by maternal grandparents

Children were placed with maternal grandparents and we need to file to keep them until they are 18 or she is able to take them. None of the fathers are named on the birth certificates

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Yes. You can look at the requirements in RCW 11.130 states all the requirements for a minor guardianship. It makes no difference if the birth certificate is complete or not. You must give notice to both parents.

Now, if you are named the guardian for the minor child, you may also want to...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Washington on
Q: Wrongly served parenting plan

I live in Washington state and my daughters dad tried to serve me a parenting plan but he had it served at an address when I was not a resident. He served it to my friends apartment. When she was informed that it was for me she told the server I did not live there and she would not except so the... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

You are right that person service requires service at your place of residence or to you directly. So if someone attempted to serve you at a place you do not live, service was not proper. This is true even if your friend later delivers the documents to you.

But that doesn't mean you...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: Wrongly served court papers

Someone tried to serve me court papers but sent them to a friend of mines apartment. She recorded the man serving the papers. When she told him I did not live there and she did not except he threw the paperwork down on the ground in front of her and left. Technically I not been served yet....what... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

This really depends on the type of case. The reality is that if this is a family case, you will be found and service done properly. Moreover, serving documents incorrectly does not get a case thrown out.

The risk you run at doing nothing at this time is that you could have orders entered...
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1 Answer | Asked in Family Law and Child Custody for Washington on
Q: If I have primary custody of my son currently, and want to modify the order to have sole custody. What steps do I take?

I am concerned about emotional and mental abuse and there was an altercation recently. My son would like to be with me always.

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

It can be difficult when dealing with an ex who has their own emotional problems. While Washington law favors parenting plans where both parents are able to parent according to their own style, it can be possible to limit and condition the time the other parent spends with the child.

For...
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1 Answer | Asked in Family Law for Washington on
Q: Want to know my rights. I left the home. The mortgage is under my husbands name only. We have a family trust will

set up. We have a lot of equity in the home. Am I losing out on anything by moving out? I’m only taking my personal things and he wants to still live there. I rented an apartment and bought myself new furniture. I want a peaceful separation or divorce. Do I really need to do anything to... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

I am sorry to hear that the relationship is not working out.

If you do nothing, you are still on the hook for the mortgage. You are still also in many ways responsible for any other debts such as credit cards your husband gets.

Filing for divorce or legal separation allows you to...
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1 Answer | Asked in Family Law for Washington on
Q: What can I do to get my son, 12, vaccinated for covid? His mother is anti-vax & thinks covid is a hoax & she refuses.

She is the custodial parent but we have 50/50 say regarding major medical decisions. She has stopped me twice now (during my visitation) by contacting every pharmacy in our rural area and complained saying she doesn't consent and now no one will give my son the vaccine stating they dont want... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

When two parents disagree about medical decisions, the first step is always to follow the alternate dispute resolution provisions of your parenting plan. This can be mediation, arbitration or counseling.

After you have gone through that process, you would be able to directly to the Court....
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Washington on
Q: Can my sons mom hold a video of me being aggressive from a long time ago over my head for custody of my son ?

She was assaulting me and recorded me when I finally lost my cool . We’re broken up and she won’t let me see my son . She’s trying to cut me out of the picture and has another man around him . I just want to be able to see my son . Do I stand a chance in court ?

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

The short answer is yes. She can present all evidence that you are not good to be around your son because you have anger problems.

But because no one is perfect, I'm sure that you have evidence that shows you are patient and a good dad. In fact, you likely have a history since that...
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1 Answer | Asked in Family Law for Washington on
Q: What to do if I just hired a lawyer and he has already missed important details I already told him 3 times?

Important things like there's already a parenting plan in place in a parenting plan modification case. He also started our first phone call before fully reading my statement and looking at the evidence i submitted. He doesn't seem like he's really getting it and/or isn't really... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

You should always be able to trust your attorney. Have you shared your concerns with him? Is there a plan to improve what is going on? Do you have a method of communication that is reliable?

Have you discussed your budget limits with him? Has he given you anything in writing that helps you...
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1 Answer | Asked in Child Custody and Family Law for Washington on
Q: Can I add my newborn son to my pending custody case?

We filed a custody case in 2020 for our daughter. We decided in 2021 to work things out in the middle of our custody case. I got pregnant again and now just gave birth to our 2nd child. The case is still pending but it doesn’t include our newborn son. Can I add him to the case or will I have to... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

Yes. You will need to amend the petition that started your case. But that is possible to do when there are new facts. You may want to find an attorney to help so that you don't waste your precious time trying to figure out how that works.

The father will, of course, need to be on the...
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1 Answer | Asked in Estate Planning for Washington on
Q: What are the changes that has to happen for me to create a completely new trust vs restatement of my existing trust? thx

I have a trust that is written some time ago by an attorney who is no longer alive.

Much have happened since, and the question is, at what point is a new trust for someone with an existing trust ("Restatement of Trust”?) is created rather than just a trust by the same name but with... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

This really depends on the nature of the trust and what property is in it. In general, if the trust has property in it restating the trust is best so that you update details in it.

And if the trust is a living trust and the grantor (if you made the trust and you are the trustee), it is...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Washington on
Q: I have a protection order against me and I'm not allowed to return home.

Am I able to call and have her new bf trespassed from that residence

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

Probably not. But you should contact an attorney to have the protection order addressed to help you get any of your property and ensure that you do not accidentally violate the order.

1 Answer | Asked in Divorce for Washington on
Q: We have a piece of property in my wife's name only. I want to know if she can be made to sell it as community property?

We have been legally separated since 2009. We have a house that we bought a year and a 1 1/2 ago. She wants to sell that. Her family gave us the property 3 and a 1/2 years ago. But only put it in her name. We live in Skagit County in Washington State.

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

First, you will have to show that it is community property. While Washington Courts favor characterizing property as community, there are certain times when property is considered separate property.

For example, inheritance, gifts, personal injury payouts, or property owned before marriage...
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2 Answers | Asked in Divorce for Washington on
Q: My ex wife entered my private room at my parents house to obtain tax documents without permission or asking for them.

I was out of town for work and she has documentation I need now and is refusing to get me the info.

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

Is your divorce final? Do you have any ongoing action?

Obviously, she shouldn't have gone into your room. Getting the documents back can be difficult, if you have an ongoing case, you can require her to provide them through the Court. If you do not, your options are a little more...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Washington on
Q: My child turns 18 next month... what do I need to do regarding Child Support/Parenting Plan, does it end automatically?

I am just needing to know what I do when he turns 18, do I need to go to court to terminate those 2 things, or do they just end automatically when he turns 18? I obviously do not want to keep paying child support at 18, but do owe a small amount of back support, and also obviously don't either... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 3, 2022

The parenting plan will terminate automatically when your child turns 18.

Child support can be a little different. There is a termination date on the order. It will state something like this order ends when the child reaches 18. Often it is after he or she graduates high school or turns...
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