John Stocks's Answers

Debt

It depends on the context. If the bill relates to video tapes or rental equipment, I have had clients charged with a crime and jail was threatened. If your were court ordered to pay this, someone could ask that you be held in contempt for not paying it, but jail time is unlikely.

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Divorce

The best move is to hire a lawyer in the County you last resided with your spouse. They will file all the mountain of forms you are required to do since they passed the law in 1991 that requires mandatory forms. Or, you can go to a stationery store or the courthouse and they sell packages on "how to get divorced: do it yourself." Do not hire a paralegal to represent you because it is illegal for them to practice law, but some actually do it. The initial cost is usually $240-250 for a filing...

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Ex-wife and health insurance

Your question confuses me because you usually cannot insure an ex-spouse on health insurance, except for the first few months after divorce. I would tell your employer you need to remove her from the coverage because they really have no choice. However, I would like to read your decree first to see if you are required to pay for substitute insurance if she is dropped off of yours at your employers.

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Dividing debt in a divorce

When your wife ran up debt on the credit cards, it was the same as you running it up because you were married. It would be a community debt, unless you have something in writing saying you did not authorize, consent to, ratify her spending and did not benefit from it. Nonetheless, there is no such thing as "equal" division under Washington law, it can be 50%-50%, but does not have to be. If you are both on the mortgage, you are both responsible for the house payments and the debt payments....

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Dividing assets when divorcing

The correct answer to your question is that the gift by your parents was a gift to the community and I would suspect the court will label the house 100% community property. However, this does not mean your husband gets 50% of it. There is no such 50%-50% rule in Washington, although many people think there is. The division must be fair and equitable and you could argue that when the house is sold (or assets divided), you should be reimbursed $33,000 off the top as that would be fair....

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Alimony and bankruptcy

I assume since you are not divorced, you only have temporary orders in place, so the answer would be yes. All the financial circumstances of both parties are relevant in a divorce when considering financial issues, and his g/f, if they live together, must disclose her financial situation. If they do not live together, but are serious, I would suggest to the court that this means he is trying to take on an extra burden (i.e, the bankrupt g/f) and that could affect your spousal maintenance.

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Custodial interference

You must seek civil and criminal remedies. Civil - seek to lodge the order in Washington State, in the County where the primary parent lives, then file for contempt of the visitation order. Civil - you can also then establish return of the child through a Writ of Habeaus Corpus. Criminal - in Washington, that is custodial interference and across state lines implicates federal laws. I would call the law enforcement agency in the jurisdiction where child is and where parent is, if different.

Back child support payments statute of limitations. Finding out after 18 years that your daughter is not yours.

This is difficult. I think the easy answer is "yes," he is still obligated to pay child support for all 3 until and unless the Order of Child Support can be modified or terminated. Regarding the 18 year old, can he prove who the real father is? If so, I still think he can't bring any civil action. The court is normally not going to relieve an obligor/payor of child support unless there is a substitute obligor/payor to take over, and it is doubtful that you can go backwards. If the...

What is the process for preparing and filing a parenting plan under WA family law

There is a form called "parenting plan" and you can find it under WPF (Washington Pattern Form). Do a search engine research for "WPF Parenting Plan" and you can get a word version of this document.

Divorce in WA state

Depends on where the money is right now. She can file with the court a request to disburse the money. What if the husband says he does not have any such money? Then, some discovery should be done right away asking him under oath about his finances, etc... John Stocks Auburn