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Washington Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Washington on
Q: I’m a father living in Washington State and I pay child support in NY. I need a lawyer should I look for one here or NY?
Marc Andrew Moses
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Marc Andrew Moses
answered on Mar 30, 2018

Short answer: It depends.

You wrote that you needed a lawyer, but didn't give the reason. It depends on what you are trying to accomplish. If you're looking to modify the amount of support or other order, and if the children have been living in New York for at least the last...
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1 Answer | Asked in Adoption, Family Law and Child Custody for Washington on
Q: How does my new husband adopt my daughter? What do we need to do?

Her biological dad has not been in the picture since she was 3 or 4. She is now 9 years old. I live in Vancouver WA. We are recently married and had decided to wait tell we we're married to have him adopt her we thought it would be easier. We want to have her adopted and she would like to take... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 28, 2018

You and your spouse should contact an attorney to initiate an adoption proceeding in Clark County Superior Court. Before doing so, I recommend that you have the birth father sign a consent to the adoption. You can complete the adoption and name change in the same proceeding.

2 Answers | Asked in Estate Planning, Family Law and Probate for Washington on
Q: My mother in-law wasnt informed about her father's death. Found out through Google. She was his only child. What to do?

He remarried when she was 3. No other children. The wife prevented contact and cut off contact with his daughter when he became ill with Alzheimer.

Brent Bowden
Brent Bowden
answered on Mar 7, 2018

I would suggest that the first thing she do is try to figure out if her father's estate was probated and whether he had a will.

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1 Answer | Asked in Child Custody and Family Law for Washington on
Q: i live in washington and my ex husband has custody of our children and they live in oregon...how do i appeal the custody

would i have to go through oregon to appeal the custody order or can i do it through washington?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 11, 2017

Once a court makes a custody determination, that court has exclusive, continuing jurisdiction to make all future custody decisions regarding the same children. The only exception is if the children and both parents no longer reside in that state. You will therefore have to file your modification... View More

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: Can my son's ex-wife get custody of his daughter, even thought she is not her mother,if something happens to him?

If so, how can he guaranty that his mother gets her and not the ex-step mother? They have been divorced for over three years and the step mother has no rights to her for visits or anything else.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 5, 2017

If your son's ex-wife has had no contact with the child for more than three years, it is highly unlikely that the court would award her custody of the child. If your son dies, the child's mother, as the surviving biological parent, would have a preference in obtaining legal custody. If... View More

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Q: Would a lawyer be able to drop my case?

Few years back my girlfriend and I were drinking at a bar, and we started arguing, there was many cops there (they have video evidence) and i got arrested for 4th degree domestic assault. We got issued a no contact order, which the judge dropped on my court date. I was told I need to go to a... View More

Jason Powers
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Jason Powers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2017

If the court already ordered that the classes need to be completed than I doubt a lawyer will be able to convince the court to drop it. The court may become frustrated that the order was not followed and order the case closed provided you get penalized. It would be a good idea to speak to an... View More

1 Answer | Asked in Business Law, Contracts, Family Law and Education Law for Washington on
Q: is there a law that daycare centers MUST prorate for days the child misses it they are there full time?

My sons dad is trying to get out of paying for daycare unless they prorate cuz he misses 5 days. He is now 2 months behind in daycare.

Ryan Ford
Ryan Ford
answered on Aug 3, 2017

There's no law that I'm aware of. You look at the terms of the contract you signed and agreed to. If the contract says prorate, you prorate. If the contract says it's a fixed rate regardless of days missed, you pay in full. If the contract is silent, there's a decent... View More

1 Answer | Asked in Domestic Violence, Family Law, Immigration Law and Juvenile Law for Washington on
Q: can a child of a U.S citizen with an expired visa get emancipated if his parent is abusive?

the child is suicidal and the parent the primary cause. the child is 16 turning 17 in February 2018

Amanda B Cook
Amanda B Cook
answered on Jun 5, 2017

The short answer to the question is yes. But please seek the counsel of an experienced immigration attorney to help you do so.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Washington on
Q: How can you get previous domestic violence history on your abuser

From previous relationship before you. To use in court against your abuser?

Stan Glisson
Stan Glisson
answered on Apr 13, 2017

Well, conviction history is public record. One easy way to get it is to order a WATCH report from Washington State Patrol. You can do it on line at WSP's website, I think they charge ten dollars.

If there were no criminal convictions, there may be sources of court documents from...
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1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for Washington on
Q: If you're siblings attacks you and your mom won't do anything about it, am I entitled to any rights to leave?

my younger sibling keeps hitting me and verbally abusing me and I refuse to hit her back unless I really need to defend myself and unfortunately the situation has continued and my Mom has not done anything about it. She claims she does but still not working. This happens when my mom is at work... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

Talk to a counselor. Becoming an "emancipated minor " is tough and not always easy.

1 Answer | Asked in Tax Law, Divorce, Family Law and Child Support for Washington on
Q: What is the best way to approach the fact that my Husband is not disclosing his actual income? Do I bring it up?

For 10 years he has said he didnt have his taxes filed, he produced fake paystubs with bank statements for different periods. He has never complied with LFLR 10. This is a post secondary support that is now a full modification and they are saying it hasnt been 2 years HELP!!! There reallly is a... View More

Matthew M Montoya
Matthew M Montoya
answered on Feb 6, 2017

Contact a tax attorney immediately. If you are a low income taxpayer, you can go to a low income taxpayer clinic in your state.

This is very serious and shouldn't be handled by yourself.

1 Answer | Asked in Family Law for Washington on
Q: My ex husband is retiring from his job to avoid paying maintenance. If he gets another job is he still retired?

My ex husband is only 59 and can't get social security and can't get his PERS pension until 65 I think. Obviously he has to support himself somehow. So he will have to get another job.

Marjorie Simmons
Marjorie Simmons
answered on Oct 17, 2016

If your decree orders maintenance he is required to pay it, and voluntary unemployment will not exempt him from that obligation.

Do you have a QDRO (order for dividing retirement assets) already made? If not, you should do this right away, because your options are severely limited if he...
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1 Answer | Asked in Child Custody and Family Law for Washington on
Q: Have 1.5 weeks to get ready for a hearing to get my son back, FULL custody. How can I be prepared to win this case?

My son is 5 years old and his mother suddenly moved him, her and her daughter's belongings out of our apartment that we shared for 6 years. She did this right in front of the children, very upsetting to them and me. She took my son away and refused to let me see him for the most part. I... View More

Marjorie Simmons
Marjorie Simmons
answered on Sep 13, 2016

What a difficult situation for you. Each county has some kind of legal aid program, one that organizes for others in the state is the Northwest Justice Project (https://nwjustice.org/). You can call their CLEAR Hotline at 1-888-201-1014

(M-F 9:15 am to 12:15 pm) to see if pro bono (free)...
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1 Answer | Asked in Workers' Compensation and Family Law for Washington on
Q: How do I retain a new attorney?My current attorney has severe health issues & is very confused acting. Not doing his job

He no shows scheduled calls and when I do speak with him he asked me what "we" should do. He has to be reminded of past conversations and action plans. His last statement was that he wanted to get paid before he passes on. Not sure how to proceed.

Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2016

Sounds like you need to sit down with him, see what he has done, and his plan.The comp process can be the subject of misunderstanding, and he may be as frustrated as you but expressing it in ways that seem argumentative.

1 Answer | Asked in Family Law for Washington on
Q: My husband recently moved out (17 year marriage) and we do not know what direction we will go(below)

We have discussed setting up separate checking accounts to make management easier (leave all savings alone). Verbal agreement on who would pay what bills. Would any arrangement we set up now negatively effect me if we divorce in the future? Two minor children live with me.

Marjorie Simmons
Marjorie Simmons
answered on Aug 25, 2016

Possibly, especially with regard to retirement accounts. If either of you have retirement accounts, you should do QDROs now and not wait for the dissolution proceeding. A QDRO is a qualified domestic relations order that splits a retirement account. Most retirement plans have strict rules on... 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 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: 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 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... View 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... View 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... View More

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