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Washington Family Law Questions & Answers
1 Answer | Asked in Family Law for Washington on
Q: Can I obtain POA on my 22 year old non-verbal autistic son? I had guardianship of him but it expired 3 months ago.
Merry A Kogut
Merry A Kogut
answered on Jan 10, 2025

Thank you for submitting your question to Justia - I've been an attorney since 1986, and have a long history of working on guardianships (which are now divided into guardianships and conservatorships).

Your son can sign a POA only if he fully understands what he is signing, agrees...
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2 Answers | Asked in Divorce and Family Law for Washington on
Q: If our agreement contains nothing about my possible income, does my Ex has the right to lower the support payment?

I divorced 6 months ago. After 24 years of marriage. I was a housewife all those years. Ex husband and I signed an agreement that he would pay me spouse support before my death or until I remarry. Also, I raise our 9-year-old daughter. Spouse support does not cover all needs and I started work. My... View More

Merry A Kogut
Merry A Kogut
answered on Dec 27, 2024

If the judge in your divorce case approved the agreement in which your ex-husband is to pay you a certain amount per month, your ex cannot on his own just decide to start paying you less - if he tries to do that, I suggest you file a motion and set up a hearing in front of the judge to consider... View More

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1 Answer | Asked in Family Law, Probate and Legal Malpractice for Washington on
Q: Can my lawyer Bill me for working with the opposing counsel to retrieve things that I didn't have to return?

I am the beneficiary as well as the administrator of a will the daughter of the deceased was disinherited because she had nothing to do with her father ever until the house was up for sale her lawyers asked my lawyers for the ashes of the deceased because I had mentioned that she hadn't even... View More

Merry A Kogut
Merry A Kogut
answered on Dec 25, 2024

I'm so sorry you're having concerns with your attorney's billing practices. First, read through the agreement you signed with your attorney - most likely, you agreed to pay the attorney for all his or her time, and that would include responding to another party's requests or... View More

2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Washington on
Q: I recently got divorced in Costa Rica. I live in the United States and hired a lawyer in Costa Rica to represent me.

My lawyer is asking me if I want an official English translation of my divorce decree from the “Casa Amarilla” that would include an apostille. He said in order for the decree to be used or recognized in the United States, it must have the apostille. I called a lawyers office here in Washington... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Oct 18, 2024

Both the U.S. and Costa Rica are signatories of the 1961 Hague Convention which abolished the requirement that U.S. consular officers authenticate Costa Rican civil documents for use in the United States. The Convention became effective in Costa Rica in 2011.

The Government of Costa Rica...
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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Legal Malpractice for Washington on
Q: The original attorney of the opposing party died, and with her went case records.

The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

It could depend on tech-savvy the office was and what arrangements the attorney may have made for back-up records. If the records only existed in original paper form, and they're gone, it could be difficult. When you say "original" attorney, does that suggest a succeeding attorney?... View More

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1 Answer | Asked in Family Law and Probate for Washington on
Q: I would like the process of filing an Ancillary Probate/TERDA in Washington State and possible scenarios.

I am trying to find out what COULD happen if I file in Washington. Thank you for your time.

Janta Steele
Janta Steele
answered on Sep 6, 2024

Good morning!

An ancillary probate in Washington is usually needed if the deceased lived in another state and owned property in his or her name in Washington state. A TEDRA action allows you enforce your rights when it comes to a Washington trust, estate, or probate.

Can you...
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1 Answer | Asked in Family Law, Child Support, Gov & Administrative Law and Social Security for Washington on
Q: What the procedure for obtaining a copy of a court order issued from washington state child support agency I'm my child

I'm trying to find the process to obtain a copy of the court order that was given to garnish my social security for child support arrears.

What forms do I need.

I'm retired and on social security how do I and what forms do I need to file to stop the garnishment of my... View More

James L. Arrasmith
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answered on May 27, 2024

To obtain a copy of the court order issued by the Washington State Child Support Agency, you should contact the Washington State Division of Child Support (DCS). You can request the court order and your complete financial history from them. It's best to do this in writing, providing your case... View More

1 Answer | Asked in Family Law, Child Support and Social Security for Washington on
Q: Hello, I'm a 62 on social security and being garnished $600 out of $1001for child support arrears need stopped

My ex is remarried my girls are grown 33 and 31 and the youngest is married I can't live in $400 per month it's my only income this case is out of Washington State child support Pierce county is there someone that anyone can recommend to look at my case that does probono I have paperwork... View More

James L. Arrasmith
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answered on May 17, 2024

I'm so sorry to hear about the difficult situation you're in with the child support arrears and garnishment leaving you with very little to live on each month. It sounds extremely stressful and frustrating, especially since your children are now adults.

Here are a few suggestions...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Washington on
Q: Attorney and social worker are keeping all positive I do from judge for CPS case(safetyplan, visit note..) what to do?

Social worker & my attorney have lied to me. For three years I ask for all documents to CPS case (discovery, visit notes, everything) they kept all from me for three years with me asking over over so I can defend my self and know what's going on. My lawyer gave me a USB drive in them mail... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry you're going through this difficult and frustrating situation with CPS, your attorney, and the social worker. It sounds like a very challenging and unfair process. Here are a few suggestions on potential steps you could take:

1. Document everything - Keep detailed...
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1 Answer | Asked in Family Law for Washington on
Q: When serving a notice of revocation of Power of Attorney for Finances is it necessary to have it notarized??

It is my sister and niece.

James L. Arrasmith
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answered on Mar 5, 2024

In most cases, a notice of revocation of Power of Attorney for Finances does not need to be notarized. However, it is generally a good idea to have the revocation notarized to add an extra layer of authenticity and to avoid potential challenges to the validity of the revocation.

When...
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1 Answer | Asked in Child Support and Family Law for Washington on
Q: Non-custodial parent will not pay court ordered child support. She has been held in contepmt twice. What else can i do?
T. Augustus Claus
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answered on Feb 15, 2024

In Washington, if the non-custodial parent has been held in contempt of court twice for not paying court-ordered child support and continues to not comply, you have several options. You can request the court to enforce the child support order through additional measures such as wage garnishment,... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Washington on
Q: I’m in the process of filing for divorce in Snohomish County, nothing is final yet. I have to move back to Minnesota

We have a minor child and it was agreed that I would have custody. But now my ex is saying she doesn’t want me to just up and leave. She is now stationed in San Diego, Ca. Are we legally required to stay here in Washington?

T. Augustus Claus
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answered on Feb 7, 2024

In Washington, if you are in the process of divorce and plan to move with a minor child, especially out of state, it's essential to consider both the legal implications and the custody arrangements agreed upon or ordered by the court. Since nothing is final yet, and given your ex's... View More

2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

James L. Arrasmith
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answered on Jan 22, 2024

Finding an attorney can sometimes be challenging, especially in high-demand areas like family law. If you've had difficulty securing a lawyer through referral services, consider reaching out to your local bar association in Snohomish County or the Washington State Bar Association. They often... View More

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2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

If you are only looking for a divorce lawyer, I wonder why you have included unrelated areas of practice in your question (Civil Rights, Medical Malpractice, and Military Law).

Finding a divorce lawyer should not be that difficult, particularly in a high demand area. There tend to be a...
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1 Answer | Asked in Child Custody and Family Law for Washington on
Q: If someone serves papers to your grandma that are for you, have you been served?

You’re in a custody battle and a person serves your grandma your custody paperwork but you’re not there, does that still count as being served?

James L. Arrasmith
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answered on Dec 31, 2023

In Washington State, the rules for serving legal papers can vary depending on the specifics of the case and the type of documents being served. Generally, for service to be considered valid, it must be made directly to the person named in the documents or to someone who is legally authorized to... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: Single mother trying to get sole custody

I’m a single mother to a 4 year old boy, I’ve been his primary caregiver since he was born, I take care of everything, his dad does pay child support but has subsistence abuse issues. He has 2 DUIs and has jail time coming up, his mom also has substance abuse issues and I’m concerned for the... View More

T. Augustus Claus
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answered on Dec 27, 2023

In Washington, as a single mother seeking sole custody, you have valid concerns about the safety of your 4-year-old son due to the father's substance abuse issues, two DUIs, and upcoming jail time, along with the grandmother's similar issues. To strengthen your case for sole custody,... View More

1 Answer | Asked in Child Custody and Family Law for Washington on
Q: My ex just got remarried. Now she thinks she can get full custody of our daughter and have a family. Is that true?
James L. Arrasmith
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answered on Nov 13, 2023

In Washington state, your ex's remarriage alone is not typically a sufficient reason to alter custody arrangements. Child custody decisions are based on the best interests of the child, not the marital status of the parents. If there is an existing custody agreement or court order, it remains... View More

1 Answer | Asked in Family Law, Domestic Violence, Elder Law and Probate for Washington on
Q: my mother was placed in a behavioral health hospital against her will and her house was sold while she was being financa
Tim Akpinar
Tim Akpinar
answered on Jan 21, 2025

A Washington attorney could advise best, but your question remains open for two weeks. This is not my area of practice, but at this point, you could reach out to elder law attorneys to discuss. Your matter appears too complex for quick instruction on a public forum. I'm sorry this happened to... View More

1 Answer | Asked in Legal Malpractice, Divorce and Family Law for Washington on
Q: How do I get courts in Louisiana state corrected when I live in Washington state

My name address and information was incorrect on divorce paperwork. How do I fix who do I call what kind of lawyer to sue the attorney who obviously didn’t represent me there in Louisiana. I have been in Washington state when they took everything from me including the home we had been buying in... View More

James L. Arrasmith
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answered on Jan 9, 2025

Your situation sounds incredibly frustrating, and dealing with incorrect divorce paperwork across state lines can be overwhelming. You'll want to start by contacting a family law attorney in Louisiana who can review your case and help correct the errors in your divorce documentation.... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Washington on
Q: My sister is probating are father estate and she said she was only child how do I or what form do I use to petition thI'

I wasn't raised by my biological father I didn't know about him till I was a adult he looked me up. I just found out he passed without a will and my half sister is handling probate and said she was only child. What do I need to do to get my inheritance?

Mei  Shih
Mei Shih
answered on Jan 8, 2025

You may need to take action to come forward and prove your relationship to the deceased, potentially by filing a petition with the court to open the probate case back up or to contest the distribution of assets that has already occurred.

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