Washington Questions & Answers by Practice Area
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Washington Questions & Answers
Q: My fiancé was in an accident at a light, she had a green arrow and turned but another lady ran her red light and hit her
Peter N. Munsing's answer
I suggest you see if you can reopen it. What often happens though is the police send it to the address on the license. If your fiancee changed addresses but didn't notify DOT they only have to send the ticket to the address on the license. That won't affect her claim against the other driver. Contact a member of the State of Washington Assn for Justice--their members give free consults.
I suggest you see if you can reopen it. What often happens though is the police send it to the address on the license. If your fiancee changed addresses but didn't notify DOT they only have to send the ticket to the address on the license. That won't affect her claim against the other driver. Contact a member of the State of Washington Assn for Justice--their members give free consults.
Q: I don’t have a bank account so my ex wife allowed me to have my employer direct deposit my paychecks into her account an
Bruce Alexander Minnick's answer
Unless you give us more information--for example, tell us WHY you ex wife is refusing to "give you any of your money"-there is very little anyone can do to help you online.
Unless you give us more information--for example, tell us WHY you ex wife is refusing to "give you any of your money"-there is very little anyone can do to help you online.
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?
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)....
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: Nephew is 18 & in HS, been living w/me for 6 mos. His Dad won't give up being the custodial. How do I become custodial?
1 Answer
| Asked
in
Family Law, Adoption, Child Custody and Child Support
for
Washington
on
Answered on Apr 11, 2019
Answered on Apr 11, 2019
Q: Is it normal for your total amount on withholdings on your w2 not match your total amount on your last pay check
Bruce Alexander Minnick's answer
Many companies use two separate programs when creating paychecks and W-2 forms; and this is especially true in companies that use third party payroll companies and third party CPAs to prepare 1099s and W-2s. In most cases the difference is too tiny to be concerned about. When choosing which one to us, follow the law and use the W-2 or 1099, because your employer must file a copy of that form with the IRS. They do not have to file paycheck stubs.
Many companies use two separate programs when creating paychecks and W-2 forms; and this is especially true in companies that use third party payroll companies and third party CPAs to prepare 1099s and W-2s. In most cases the difference is too tiny to be concerned about. When choosing which one to us, follow the law and use the W-2 or 1099, because your employer must file a copy of that form with the IRS. They do not have to file paycheck stubs.
Q: This is my first time getting a Ticket I had 8 crab undersized is my fine going to be very bad
Ryan Witt's answer
It depends on where you received the criminal citation. In certain jurisdictions, I have been able to resolve criminal Fish & Wildlife issues as infractions.
It depends on where you received the criminal citation. In certain jurisdictions, I have been able to resolve criminal Fish & Wildlife issues as infractions.
Q: I have already applied for permanent residency through my spouse. Do I renew my DACA?
1 Answer
| Asked
in
Immigration Law and Gov & Administrative Law
for
Washington
on
Answered on Apr 2, 2019
Answered on Apr 2, 2019
Hector E. Quiroga's answer
There are two reasons why you might want to renew DACA:
1. So you can work; and
2. To avoid accruing unlawful presence.
If you don’t need to work, or if you applied for work authorization as part of your adjustment application, and if unlawful presence isn’t an issue (it doesn’t accrue while your adjustment application is pending), you should not need to renew DACA.
There are two reasons why you might want to renew DACA:
1. So you can work; and
2. To avoid accruing unlawful presence.
If you don’t need to work, or if you applied for work authorization as part of your adjustment application, and if unlawful presence isn’t an issue (it doesn’t accrue while your adjustment application is pending), you should not need to renew DACA.
Q: I am a tenant in common with my sister and I want to sell my interest in the land can I do that
Vincent Gallo's answer
If you and your sister own real estate that you inherited from your father, and you own it together, presumably, as tenants in common, then you each own a percentage of the whole and not any particular allocable portion of the real estate. If you want to sell, and she is not cooperative, then your only option is to bring an action in petition to force the sale of the real estate.
If you and your sister own real estate that you inherited from your father, and you own it together, presumably, as tenants in common, then you each own a percentage of the whole and not any particular allocable portion of the real estate. If you want to sell, and she is not cooperative, then your only option is to bring an action in petition to force the sale of the real estate.
Q: Rough Payment Calculation for Ch 13 Bankruptcy with No Secured or Priority Debts
Timothy Denison's answer
You need to consult competent bankruptcy counsel who is knowledgeable in student loan modifications and/or forgiveness. Only after you run the guidelines can you have a real idea of what your actual payment could be.
You need to consult competent bankruptcy counsel who is knowledgeable in student loan modifications and/or forgiveness. Only after you run the guidelines can you have a real idea of what your actual payment could be.
Q: I am US citizen, my son is a green card holder.my son has a 2 years old child who was born and resides abroad
Kelli Y Allen's answer
No, you cannot petition for a grandchild. Your son can petition for his child.
No, you cannot petition for a grandchild. Your son can petition for his child.
Q: Dad passed living out of state. Assets in OH, I'm the only child & live out of state, what do I do? Will not found.
Greg Freeze's answer
The probate is best started in the county in Ohio where your father resided. The Ohio courts will have "jurisdiction" over the house.
If the original will cannot be found, courts presume that the will was destroyed intentionally by the testator. You can proceed with an probate using intestate succession. If your father was not married at the time of his passing, most states have rules that state that the next to receive are the children.
But, get an Ohio attorney to get...
The probate is best started in the county in Ohio where your father resided. The Ohio courts will have "jurisdiction" over the house.
If the original will cannot be found, courts presume that the will was destroyed intentionally by the testator. You can proceed with an probate using intestate succession. If your father was not married at the time of his passing, most states have rules that state that the next to receive are the children.
But, get an Ohio attorney to get...
Q: Multi-litigation Lawsuit settlement
Timur Akpinar's answer
Although the question is concise, the answer might not be simple. It could involve issues such as the damages at hand, the values of similar cases, the respective liabilities of the other parties, your liability (if applicable), the cost of expert testimony/report preparation if the matter goes to trial, whether litigation is expected to be protracted, prospects for a favorable outcome, etc.
Tim Akpinar
Although the question is concise, the answer might not be simple. It could involve issues such as the damages at hand, the values of similar cases, the respective liabilities of the other parties, your liability (if applicable), the cost of expert testimony/report preparation if the matter goes to trial, whether litigation is expected to be protracted, prospects for a favorable outcome, etc.
Tim Akpinar
Q: My husband and I divorced 7 yrs ago. I moved out while he stayed in our house that was near foreclosure.
Greg Freeze's answer
Here is a likely scenario of events. You were served, somehow, with the Summons and Complaint. How you got served can vary. You can find out how the bank's attorneys said you got served by looking at the court paperwork, found at the court in the county where the property resides.
You could have been served in person, by someone serving in person at what was registered as your residence, or if you were extremely difficult to find, by publication in the newspaper.
But, having...
Here is a likely scenario of events. You were served, somehow, with the Summons and Complaint. How you got served can vary. You can find out how the bank's attorneys said you got served by looking at the court paperwork, found at the court in the county where the property resides.
You could have been served in person, by someone serving in person at what was registered as your residence, or if you were extremely difficult to find, by publication in the newspaper.
But, having...
Q: What are the consequences for telling a judge that a DV report they called in didn’t really happen?
1 Answer
| Asked
in
Criminal Law, Family Law and Domestic Violence
for
Washington
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Greg Freeze's answer
Let's start with, this isn't the judge's first rodeo. Credibility of the recantation will be at issue.
Next, you're question needs to be put in the context of where you are with regard to trial and sentencing.
If you are pretrial, the goal would seem to be to cause the prosecution to withdraw the case. I've seen cases go forward with the police officer's testimony as to what the victim reported, using an exception to the hearsay rule. The criminal case is from "we the...
Let's start with, this isn't the judge's first rodeo. Credibility of the recantation will be at issue.
Next, you're question needs to be put in the context of where you are with regard to trial and sentencing.
If you are pretrial, the goal would seem to be to cause the prosecution to withdraw the case. I've seen cases go forward with the police officer's testimony as to what the victim reported, using an exception to the hearsay rule. The criminal case is from "we the...
Q: If a holographic will was created and notarized in Alaska. The person dies in Colorado. Where is probate to be filed?
Greg Freeze's answer
Your question is registered on Justia in Washington, so you're likely to get Washington lawyers answering it. To start with, we have to back up to Alaska and find out if a holographic will is valid.
I see Alaska Stat. § 13.12.502 as allowing holographic wills, a will can be "...valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. That's good.
So, now on to Colorado. Colorado has...
Your question is registered on Justia in Washington, so you're likely to get Washington lawyers answering it. To start with, we have to back up to Alaska and find out if a holographic will is valid.
I see Alaska Stat. § 13.12.502 as allowing holographic wills, a will can be "...valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. That's good.
So, now on to Colorado. Colorado has...
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