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John Stocks
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John Stocks’s Answers

60 total

  • What constitutes Marital and non marital property?

    I am currently going through a divorce, I was married 1/2009. My parents purchased my home for me in 2005, however they took the mortgage out on their home for the purchase of my home, so I am actually paying for my home on a mortgage that's on th...

    John’s Answer

    The court can award property to either party at the court's discretion. Labeling something community or marital versus separate or non-marital can be immaterial to the final distribution of or division of property in a divorce.

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  • Foreclosure?

    My husband and I got divorced this year month of April,we did the quit claim deed and awarded the house to his name also on our divorce decree he has the full responsibility of the house so everything signed and legally notarized since he was chea...

    John’s Answer

    My advice is do not rely solely on the suggestions posted here, but instead, go to a lawyer who does bankruptcy, real estate, and foreclosure), who will be able to lay out all the options that exist given your unique circumstances, which include: bankruptcy, short sale, deed in lieu, etc... . You need to know the consequences of each route you may choose.

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  • If I'm asked to do a lie detector test can I refuse

    Being accused of planning a robbery from someone that is already in jail for the crime

    John’s Answer

    Yes, you can and should refuse the lie detector test (polygraph exam). What if you fail it? Then what? I suggest you state that "yes, I would like to take one, but my lawyer says not to."

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  • How long does it take to get a court date for a contempt of court charge against my ex husband ?

    My ex husband kept my children this summer past the date there were due back to me , saying I had to pay for their return ( which he has a travel budget listed in the child support order and divorce decree) then claiming abuse later to the courts ...

    John’s Answer

    Contempt is an effective procedure, but can be frustrating, even for an inexperienced lawyer. There are a few tricky rules to get to a hearing, with notice and service 14 days before, and even when you get there, the court often continues the hearing to another date. Why hasn't your attorney filed for a Writ of Habeas Corpus?

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  • What happens in the state of WA if a person cannot be found to serve divorce papers on?

    My husband and I are both non US citizens and I'm on a student visa. He's no longer in the US and is trying to file for a divorce remotely. He tried to serve me with papers but i wasn't home and I am leaving the US in 2 weeks. I wanted to know wha...

    John’s Answer

    If a person cannot be located, but they have fled the country, then a process server can go through the due diligence and prove that the person left the state to avoid service of process. At that point, someone can serve by publication (newspaper summons) and that could establish jurisdiction, permitting a default and default judgment against the person who ran away out of state and was dodging service.

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  • How should I reject the binding arbitration or un-sign it?

    I would not mind going for arbitration if the arbitrator is fair. However it seems binding arbitration is hard to appeal. I didn't understand what binding arbitration was/is but signed it, how should I reject or un-signed it? Thanks for answers!

    John’s Answer

    It depends on what you are disputing. In family law, most parties go through mediation, but some disputes can be resolved by binding arbitration. You can't really unsign an agreement if you signed all terms. People are presumed to have read and understood what they have signed.

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  • Can an early, one-time IRA withdraw be counted as income for the purposes of child support calculation in Washington State?

    I am currently unemployed and took a large one-time early IRA withdraw to settle some credit card debt and to be able to pay my rent, child support and other obligations. In other words, my unemployment check was not nearly enough to cover my mont...

    John’s Answer

    • Selected as best answer

    No. It is nonrecurring income. The court would likely find that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income and then exclude it. You have to show 2 years of income to prove it was a one-time thing.

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  • What can I do legally if child support is not being paid but parent has Assets worth money ?

    My ex does not work, has back support but owns numerous vehicles and other items that could generate money. What can be done legally when party ordered to pay Cannot or does not when they are not employed? I have heard Ones license can be suspen...

    John’s Answer

    I would consider 3 or 4 things: (1) contact an attorney to collect the judgment(s), (2) contact DSHS/DCS to seek full enforcement services, (3) contact an attorney to file for contempt to establish judgments and fees/costs judgments, and (4) make sure all past due amounts are "linked" or "interfaced" with IRS for tax refund interception, vehicle license suspension and other remedies.

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  • Can my 14 yr daughter choose to live in one house (her dads) and just have "days" with me when she wants to?

    We have shared parenting for 14 years (since she was 9 months old), her sister moved in with her dad last year (she is 17) because she did not like our rules/boundaries. I have been primary parent for 14 years. My daughter says she is 14 and can...

    John’s Answer

    The legal answer is "no.". There is a myth about this: people believe that children get to decide where they want to live after a certain age. Not true. In reality, however, some kids control their parents or manipulate the situation to get what they want.

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  • Can I file contempt on obligor for child support daycare expenses if DCS is administering collection from obligor?

    Our child support order reads that obligor is to pay percentage of total daycare costs in addition to the child support amt. I've sent in receipts for daycare costs to DCS and even filed modification of child support order with courts. The courts ...

    John’s Answer

    The answer depends on what world you want to be in: (1) court, or (2) administrative. You are currently taking advantage of the free administrative process of having DCS try to get these amounts. They may or may not be successful. If it were me, I would advise you to go to the court world, i.e., file a order to show cause re: contempt to establish a judgment for percentage of day care expenses, and seek attorney's fees.

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