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Washington Family Law Questions & Answers
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... View 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... View 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... View More

1 Answer | Asked in Family Law, Immigration Law and Public Benefits for Washington on
Q: I'm 17 and my husband is 25 we got married in Mexico with parents permission can I do the marriage visa?

Can I do the marriage visa for my husband?

Shan Dimitris Potts
Shan Dimitris Potts
answered on Dec 30, 2015

Hello,

There are a lot of important details that are missing. Marriage visa for you or your husband? If it is for you what is your husband's immigration status? Is he a citizen or a green card holder? Talk to an immigration attorney in private to get a clear idea of how to go about...
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1 Answer | Asked in Divorce and Family Law for Washington on
Q: Can my husband lay claim to a child that is not his if we have been separated for over a year?

My 28 year old husband had an affair with a 16 year old 1 1/2 years ago! We've been separated since, and he has been in a relationship with her since! I started dating about 8 months ago, and am currently expecting a child with another man! He threatened that if I try to push him into divorce,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2015

He can claim, but DNA testing will easily prove his claim to be false.

1 Answer | Asked in Criminal Law and Family Law for Washington on
Q: What constitutes kidnapping in Washington state

If the grand parent takes the child from day care on the custodial parents day and runs back to the non custodial parentso home with outhe permission or instruction,

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

This might fall under interference with custody, if your state has such a statute. But really, wouldn't it be best to have a full discussion with a family attorney rather than to charge the grandparent of your child with a crime? Perhaps there is a motion for enforcement that can be filed.

1 Answer | Asked in Family Law for Washington on
Q: what do I do if I need to change things in a parenting plan before finals
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

The changes that you want to make must be agreed to by both, they cannot be unilateral changes that just you want.

1 Answer | Asked in Family Law for Washington on
Q: after parental rights are terminated are the parents whos rights were taken obligated to continue to pay support
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 22, 2015

Normally not, if the TPR is incident to an adoption.

1 Answer | Asked in Probate and Family Law for Washington on
Q: My father passed and his girlfriend is still living in his house. I want to get possession of his vehicle. Is this legal

I have applied for title and registered in my name. It's been two weeks. She'll be mad but has blocked me from my dads house and I feel I need to act. Now that it's in my name, I believe I'm liable?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2015

I assume you have had title transferred to you name by some sort of affidavit in lieu of probate procedure? Sure, if title is in you name you can take possession of the vehicle, as long as you can do so peacefully.

Is there no equity on the house, thus making formal probate unnecessary?

1 Answer | Asked in Probate and Family Law for Washington on
Q: My father passed and his girlfriend is still living in his house. I want to get possession of his vehicle. Is this legal

I have applied for title and registered in my name. It's been two weeks. She'll be mad but has blocked me from my dads house and I feel I need to act. Now that it's in my name, I believe I'm liable?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 12, 2015

Have you spoken with a probate attorney about this? That would be a good place to start.

1 Answer | Asked in Family Law for Washington on
Q: In regards to child support, can I write up an agreement that is legally binding between two parties myself?

If the two parties have a clearly stated agreement, their respective signatures, and witness signatures, and they are all individually dated, would then that agreement be legally binding?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 10, 2015

I have seen people try to do this and fail miserably. It is not that you can write anything you want up, you have to follow the law. Can you find a standard child support agreement in your state? Does your Supreme Court have approved forms for this? Perhaps you can do that and then take it to an... View More

1 Answer | Asked in Estate Planning, Family Law and Juvenile Law for Washington on
Q: In Washington State can a 16 year old live on their own if both parents pass away? (We are working on our will)

We'd prefer not to set up guardianship for our 16 year old since there is no one suitable to take her. We have a trust set up in our will with an executor to handle her finances from our estate.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

Probably not. Go to see an attorney about this for the specific legal advice you need.

1 Answer | Asked in Criminal Law and Family Law for Washington on
Q: Can I file a police report on behalf of my grandmother?

My grandmother has had several strokes as of recent and is no longer able to make any decisions. My sister took her bank card and has fraudulently been using it. My mother has a joint account with my grandmother and this is not the first time my sister had gotten away with this theft. If my mother... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Do you have personal knowledge? Did you witness this yourself or were you told about it? If you suspect a crime report it.

1 Answer | Asked in Family Law for Washington on
Q: If I buy a car before I file for divorce can my wife try to take it in the divorce?

The car we have been using is in my wife's mothers name and I already moved out. I don't personally have my own car though, but I need one. If I only put my name on the title and all the paperwork can she still try to take it?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 19, 2015

If you purchase the car in your own name after separation, that car will likely be considered your separate property and you will retain it. It is possible but not likely that your wife could be awarded the car. For example, if your wife's mother takes her car back and your wife has to... View More

1 Answer | Asked in Criminal Law and Family Law for Washington on
Q: My in laws got a emergency custody court order and my 2 kids were taken

I was arrested on Monday bailed out Wednesday afternoon how could they remove my kids if my charges did not involve them and they were under my mothers care.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

Plain and simple, you need to get a local criminal defense attorney, and you probably need one who also practices family law.

1 Answer | Asked in Family Law for Washington on
Q: In wa st I have had third party custody of my sisters kids and I also have my son with disabilitys how do I give up cust

My sister got them taken away do to drugs cps. I want to give custody back to the grandmother it has been 9 yrs and I need to think of my son and myself well being

Cheryl L Van Ackeren
Cheryl L Van Ackeren
answered on May 17, 2014

The grandmother can petition the court for custody. Once the court approves the grandmother, she can take custody from you.

1 Answer | Asked in Family Law for Washington on
Q: In Washington State if my daughters mother is willing to stop my back support and I onl how do I go about stopping
Cheryl L Van Ackeren
Cheryl L Van Ackeren
answered on May 17, 2014

First you need to verify that your back child support is owed to the mother. In some situations, the back child support is owed to the state and the mother can only waive the portion due to her. I would recommend contacting an attorney so they can help you submit a waiver of the debt.

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