Bruce Clement’s Answers

Bruce Clement

Auburn Family Law Attorney.

Contributor Level 20
  1. Due due to a flight delay, I was late to my court hearing and it got pushed to the next term. Can I submit an apology?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Jay Bodzin
    3. Lee Alan Thompson
    3 lawyer answers

    If the hearing was a family law motion, if someone shows up late it is usually re-set at the end of the calendar that morning (or afternoon). It sounds like this case was scheduled for trial, and you showed up 15 minutes late. The judges normally will make some allowance for this on the first day of trial, especially when the party is flying in for the trial. So I'm a little mystified as to what happened. You might order a transcript of what happened before you decide to appologise. It’s always...

    5 lawyers agreed with this answer

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  2. My husband refuses to sign the divorce papers because he thinks the child/spousal support is too high. What can I do?

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Peggy M. Raddatz
    3 lawyer answers

    If your husband doesn't agree with your proposal, you need to file and serve the papers. The court will give you a schedule of deadlines, including the trial. The two of you will go to trial unless you both agree on the final orders. Mediation often is a good solution. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on divorce, child support, spousal maintenance and mediation for more information about the legal issues...

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  3. How long does the ex-wife have to take my truck she won in the divorce?

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Frank L. LaBare
    3. Peggy M. Raddatz
    3 lawyer answers

    You or an attorney should write her and ask if she wants the truck. If yes, tell her she has to ship it from WA to GA and give her a deadline to do so. It would probably cost her around $1,500. I'd also claim 4 years of storage ($100 per month, 48 months, = $4.,800). If she refuses or doesn't respond, I'd file a law suit in WA and have her served. WA should have jurisdiction because the truck is here, and has been stored here. If she defaults, you should be able to get a court order clearing...

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  4. When is the discovery period over in a divorce case?

    Answered 13 days ago.

    1. Bruce Clement
    2. Dave Hawkins
    2 lawyer answers

    You'll have to check the local (Snohomish) rules and the case schedule for the discovery cutoff. However, it sounds like this may not be a discovery issue. If OC is requesting that you comply with a court order requiring you to get an appraisal, failure to comply would be contempt of court regardless of any discovery cutoff date. My AVVO Answers and Legal Guides on divorce may provide more information which is relevant to your inquiry. Keep in mind that these Answers and Guides are no...

    5 lawyers agreed with this answer

  5. In family court custody case, if the other side is found in contempt and ordered to pay, how do you go about collecting?

    Answered about 1 year ago.

    1. Thuong-Tri Nguyen
    2. Bruce Clement
    3. Andrekita Silva
    3 lawyer answers

    One way is to institute collection techniques (garnish wages, seize bank accounts, etc.). Another way is to file the judgment as a lien against any real property owned by the obligor. If the obligor ever seeks to refinance or sell the house, the lien has to be paid before the transaction can be completed. The problem is that the obligor is often "collection proof" or has no real property, and the cost of collection often exceeds the amount collected. You should consult with your family law...

    5 lawyers agreed with this answer

  6. What happens when a guardian ad litem doesn't show up in the time given before the court date?

    Answered over 1 year ago.

    1. John Groseclose
    2. Bruce Clement
    3. Lee Alan Thompson
    3 lawyer answers

    The GAL normally has to have time to report to the court before a custody decision is made. Otherwise the court would normally continue the case to allow that to happen. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on child custody and GAL's for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no...

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  7. Am I entitled to Injured Spouse back pay from IRS if not legally separated?

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Shawn B Alexander
    3. David Alexander Browde
    3 lawyer answers

    You should re-post this on the taxation forum.

    5 lawyers agreed with this answer

  8. A A friends son was recently charged with domestic violence (assault 4)...

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Peter Jaret Abbarno
    3. Patrick Owen Earl
    3 lawyer answers

    They don't have to go unless they are subpoenaed to do so. However, I'd advise them to see an attorney for advice, or at least talk to the 16 year old's attorney before no-showing.

    4 lawyers agreed with this answer

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  9. My grandfather died 1988. He was not married at the time of death. Had 2 kids my uncle. And my dad.

    Answered almost 2 years ago.

    1. Bruce Clement
    2. James P. Frederick
    3. Joseph Franklin Pippen Jr.
    4 lawyer answers

    You should consult with a good probate attorney. Based on what you say, it sounds like there may be what's called a "clouded title" to this land. If a good attorney verifies that your dad (and therefore you) may have a claim on the land, you may be able to file a "lis pendens" notice with the county recorder giving public notice of an unresolved claim of title to the land. That would prevent any sale until a judge resolved all of these issues.

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  10. What are my rights to legally move back into my house after leaving voluntarily? Domestic violence nor abuse has been an issue.

    Answered about 2 years ago.

    1. Bruce Clement
    2. Elizabeth Rankin Powell
    3. Vitaliy Kertchen
    3 lawyer answers

    There's no legal obligation to stay out of the house in this situation, because there's been no DV and there's no court order. Nevertheless, you should be cautious about returning. My experience is that in many cases an unwanted return leads to more arguments, hotter emotions, and often a call to 911 to report DV. DV is broadly defined to include any action (like throwing a cell phone against the wall) or words (like "you'd better watch your back") that would make someone fear for their...

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