Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Marjorie Simmons
1 Answer | Asked in Divorce and Social Security for South Carolina on
Q: divorce after 23 years, will I still be entitled to draw off my husbands social security if I DO NOT REMARRY.
Marjorie Simmons
Marjorie Simmons answered on Jul 15, 2016

That's a good question: the Social Security Administration (SSA) has information online for divorced spouses:

Retirement benefits: https://www.ssa.gov/planners/retire/divspouse.html

Survivor's benefits: https://www.ssa.gov/planners/survivors/ifyou3.html

For...
Read more »

1 Answer | Asked in Family Law for Washington on
Q: My child's father owes 8000 in child support, what should I do about that?
Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

You can use a QDRO (qualified domestic relations order) to collect child support from a person who owes it and refuses to pay. A QDRO can use money from their retirement account or pension benefit, even though the retirement money would not normally be available until retirement, and they do not... Read more »

1 Answer | Asked in Family Law for Washington on
Q: If someone is living and working in Texas, can their wages be garnished for a post-secondary support order?

If someone has a post-secondary support order from Washington state, but they moved to Texas and are living and working there, can their wages be garnished for failure to pay?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Yes, but it may be easier and more efficient to use a QDRO (qualified domestic relations order) to collect child support from a person who owes it and has tried to get out of it by leaving the state. A QDRO can use money from their retirement account or pension benefit, even though the retirement... Read more »

1 Answer | Asked in Family Law for Washington on
Q: If someone is incarcerated for past due child support owed to the State of Washington how long do they stay in jail?
Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

It depends upon the circumstances in each case. You might find the following article to be of some help: http://www.legalvoice.org/?_escaped_fragment_=responding-to-family-actions-while-incar/c1pb8#!responding-to-family-actions-while-incar/c1pb8. If you owe back child support that you are having... Read more »

1 Answer | Asked in Family Law for Washington on
Q: If a WA state Superior Court Order of custody and Childsupport order was entered can a Childsupport judge change it?

Can a Childsupport judge supersede a superior court order and change custody and who pays the Childsupport?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

It's not clear what you mean by "Childsupport judge". Family court in Washington is the Superior Court, and matters of child support are heard there. Custody and child support can be modified based on a change in conditions, but there are rules governing how that can apply. You may... Read more »

1 Answer | Asked in Family Law for Washington on
Q: My divorce happened about 6 yrs ago. Can my ex go after back support

We have remained very close friends. Originally I was only suppose to get my kids every other weekend. until I was back on my feet. So for the last 4 yrs we have split the time 50/ 50 with the 3 kids. SInce the divorce she has a large increase in her pay, and we have both agreed on me not paying... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

What does your dissolution decree say as to what you are supposed to pay for child support? Modifications to child support arrangements must go through the family court. (Superior Court) Sometimes people who owe more child support than they can pay can use their retirement accounts to pay what they... Read more »

1 Answer | Asked in Business Law for Washington on
Q: Can a small business host online raffles/lottos?

I have an online based game for kids and young adults 13 and up. It's through an LLC registered in the state of Washington and I'd like to have many minigames including a monthly raffle for rare in game items and a weekly lotto. It would all be strictly a free in-game currency for virtual... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Maybe. Online prize law is not a well developed area of law yet, and involves not only the consumer protection act, but banking and sometimes securities laws as well. The state statute RCW 19.170 (http://app.leg.wa.gov/RCW/default.aspx?cite=19.170&full=true) governs promotions, disclosures and... Read more »

1 Answer | Asked in Banking, Consumer Law and Estate Planning for Washington on
Q: Is it possible to attain multiple EINs for one trust ?

A prospective bank for the funds insures accounts up to $250,000 per EIN. Would it be possible to obtain multiple EINs in order to gain more insurance for the trust?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Probably not for that reason.

The IRS says:

You will be required to obtain a new EIN if any of the following statements are true.

* One person is the grantor/maker of many trusts.

* A trust changes to an estate.

* A living or intervivos trust...
Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Washington on
Q: I want to be emancipated but don't know if my case is strong enough?

I want to enlist for emancipation but I want to know if my case is strong enough to be granted. My mother is married to my step father and they have 3 kids and I'm extremely unhappy and put down by them. Im emotionally absuised and I don't want to be in this house anymore. I have my own... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

You can find some information about emancipation at http://www.washingtonlawhelp.org/search?q=emancipation. Consider your situation carefully, as you don't want to get caught up in a child protective services situation. Sometimes when we are pretty grown up but not yet of age, we can feel so... Read more »

1 Answer | Asked in Family Law for Washington on
Q: My wife wants assets from before we got married, what is she entitled to get from our divorce?

We had been dating and were engaged for 6 years prior to our wedding with about 5 of those years living together. Although we had only been married for 6 months. She walked out on me one day while I was at work and left the majority of the belongings in the house behind. She now wants assets that I... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Money earned during a marriage (from marriage to separation) is considered community property in Washington. A family court can divide community property in a way that is different from 50/50. Separate property not belonging to the marital community usually includes property that belonged to one... Read more »

1 Answer | Asked in Intellectual Property for Washington on
Q: If I created a logo for a business with the promise of payment and didn't receive payment, who has copyright?

My husband started a business in OR with partner, they had me work on website, logo, etc. Now. Husband has left the business after 3 months and I never got paid for my work. The redemption was signed and didn't include my fees, but I was under the impression that I would get paid. Two... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

A work can be "made for hire" under some circumstances, and in those circumstances, the person who hired the work can be the work's owner. If there was any understanding that the work (logo & site) was to be paid for in order to be used, then you can stop the person from using... Read more »

1 Answer | Asked in Intellectual Property for Washington on
Q: how do I change my address for my trademark?
Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Did you register your trademark with the USPTO (http://www.uspto.gov/trademark)? Or did you register your trademark with the state? Each have their own procedures for address changes. If you have an online account with the USPTO, you can log in and update your account there, and they at times... Read more »

1 Answer | Asked in Divorce for Washington on
Q: If my husband and I are in agreement on a child support payment do we have to fill out the worksheet provided?

Also do we fill out the findings and conclusions about a marriage or do the courts at the of divorce?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

If neither of you are represented by an attorney, you may find Washington Law Help (free legal information at washingtonlawhelp.org) to be informative. Washington's procedure for handling assignment of child support is governed by law (http://app.leg.wa.gov/RCW/default.aspx?cite=26.09.100).... Read more »

1 Answer | Asked in Divorce for Washington on
Q: If my wife has filed some, but not all divorce papers, can we make amends to those already filed?

We now agree on certain provisions, and would like to change them ourselves.

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Are either of you represented by an attorney? If not, and if your divorce is not yet final, you can modify some provisions, but you may benefit by an attorney's advice. Most Washington counties have county-wide bar associations, and most of those have websites. You can also call a local... Read more »

1 Answer | Asked in Divorce for Washington on
Q: do i need to follow Washington law for divorce case even if i was married outside of the united states?

me and my ex got separated and she filed for a divorce case in WA state and getting spouse maintenance, we don't have marriage certificate here because we were married in Egypt, she is trying to delay the divorce here as much as she can , is it possible to divorce her at my home country and... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

If you live in Washington, Washington law governs the dissolution of your marriage, even if you were married in another jurisdiction. This type of jurisdictional arrangement is common in most all the U.S. states. You should consult a lawyer in the place in which you live, so if you live in... Read more »

1 Answer | Asked in Divorce for Washington on
Q: How long after divorce does my ex have to initiate paperwork to transfer retirement funds from my name to hers?

Divorce was final several years ago and property settlement awards this account to her. I have reminded her via email several times that she needs to schedule appointment at bank for us to sign papers for this. Do funds eventually become mine if she takes no action?

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Retirement funds are divided by Qualified Domestic Relations Orders (QDROs). QDROs can be done at any time as long as the retirement plan rules allow for dividing the account(s) at any time. Most plans have strict rules about the timing of account division, and most will severely limit or even... Read more »

1 Answer | Asked in Divorce for Washington on
Q: I was divorced 6 years ago. I retired this month now my ex wife's lawyer wants me to sign a QDRO. Is this legal
Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Yes, however, the retirement plan's rules will have a great deal of bearing on whether or not a post-retirement QDRO can affect your benefits. The QDRO should have been done at divorce, but later QDROs are often accepted by some plans.

1 Answer | Asked in Child Custody and Child Support for Washington on
Q: Can my husband get custody if his ex wife did not set up child support?

My husband pays $600 a month to his ex wife but there is not child support set up or a parenting plan. In a recent visit his oldest son said that my husbands ex uses the child support money to fund her restaurant and not on the kids. Would that count as parental neglect? His daughter (age 5) did... Read more »

Marjorie Simmons
Marjorie Simmons answered on Jul 6, 2016

Does your husband have a copy of his dissolution decree? Child support obligations are normally addressed in the decree and its attachments. Child support is reasonably used only for supporting children, from socks and other garments to housing and food. A pattern of expenditure showing otherwise... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.