John Stocks’s Answers

John Stocks

Auburn Divorce / Separation Lawyer.

Contributor Level 9
  1. Can I file contempt on obligor for child support daycare expenses if DCS is administering collection from obligor?

    Answered about 2 years ago.

    1. Dave Hawkins
    2. John Stocks
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  2. Can i buy a gun with terroristic threats charges?

    Answered over 1 year ago.

    1. Bart Charles Craytor
    2. Debra Joan Cheatham Reece
    3. John Albert Abom
    4. John Stocks
    5. Michael Steven Pollok
    5 lawyer answers

    No.

    2 lawyers agreed with this answer

  3. I live in WA and am going thru a divorce. Question regarding reporting spouse's income.

    Answered over 1 year ago.

    1. Thuong-Tri Nguyen
    2. John Groseclose
    3. John Stocks
    4. Jeffrey B. Peltz
    4 lawyer answers

    First, talk to a tax preparer not a lawyer (unless the lawyer specializes in tax law). Second, your filing status can be married but filing separate, and you only report your income.

  4. My exgf & I were going to get back together. Her daughters dad found out & threatened to take her to court for full custody.

    Answered over 1 year ago.

    1. Bruce Clement
    2. Jeffery Scott Whalley
    3. John Stocks
    3 lawyer answers

    You have what appears to be 3 excellent questions -- (1) what can the daughter's father do to get custody away from your girlfriend, (2) what steps can you take to avoid daughter's father from making you look bad or dangerous to be around the daughter, and (3) how to make him go away. Answer to #1: Daughter's father can file any action he wants, but that does not mean he will win. I also depends on what court order is currently in place. If your girlfriend has a permanent, final parenting...

  5. What can I do to get temporary custody of my son due to a investigation on the mom for her youngest child's death .

    Answered over 1 year ago.

    1. Jeffrey W Holmes
    2. Dave Hawkins
    3. Bruce Clement
    4. John Stocks
    4 lawyer answers

    Before I say - "hire a lawyer" -- I will answer your question. What you can do to get temporary custody is file for an order, any of or combination of: (a) temporary restraining order, (b) protection order, (c) no contact order*, (d) investigation order. If CPS is really investigating this as a criminal case, then the *no contact order may be put in place protecting all children from the mother (i.e., mom may be restrained from having contact with any minors until her criminal charges are...

  6. I signed my rights to mom when she filed for full custody 5 yrs ago for my son. I need to know if its not late get Custody back

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Bruce Clement
    3. John Stocks
    3 lawyer answers

    If I have the math right, you were 16 when you had a son, and you believe that you signed your rights away back then, but now, you are 21 and your son is 5? If that is all correct, then here is my brief, guarded answer: (1) I would double check whether you really did sign away any rights, (2) I would double check to see if the court appointed a guardian ad litem for both you (under age) and your son, and (3) whether the court actually granted full custody to you. I have a lot of questions...

  7. I missed my pre-trail hearing for full custody of my daughter. Does this mean I won't get full custody? What will happen?

    Answered over 1 year ago.

    1. Dave Hawkins
    2. John Stocks
    2 lawyer answers

    Missing any court hearing is bad, but not all is lost. A court is not usually going to deprive parents of their rights when they are not there. You have to be worried about a default, which is when one parent says, "I want all these things, including fully custody," and the other parent does not show up. The court can "default" the missing parent and the parent who is there proposing things often gets what he/she wants. To avoid a default, go through a checklist with an attorney. Most...

  8. How can I enforce reimbursement for child care costs?

    Answered almost 2 years ago.

    1. Kate M Forrest
    2. John Stocks
    2 lawyer answers

    The enforcement clause for this situation should be addressed in 3.15 of your latest Order of Child Support. Do you have that order in front of you and you can scan to a lawyer? That way, a full and complete accurate legal answer can be provided. I developed a 4 step acronym that greatly increases the receiving parent's chance of collection of the reimbursement owed.

  9. Can the court make the petitioner in a child custody case pay for my attorney fees if they committed Fraud?

    Answered about 2 years ago.

    1. Mark L. Alexander
    2. Daniel N Cook
    3. Mark Randall Arend
    4. John Stocks
    4 lawyer answers

    I just did a consult with a client with this situation. You can revoke the temporary custody document you signed (or power of attorney?), and file your own action to retrieve custody of your 3 year old. You can also seek to set aside the default under civil rule 60.

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

    Answered about 2 years ago.

    1. Dave Hawkins
    2. Christine C McCall
    3. John Stocks
    4. Ronald Lee Bell
    4 lawyer answers

    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.