Bruce Clement’s Answers

Bruce Clement

Auburn Family Law Attorney.

Contributor Level 19
  1. Can I file motion to enforce a divorce decree judgment as the same time as my ex has filed an appeal? He lives in another state.

    Answered 7 months ago.

    1. Bruce Clement
    2. Jeffrey Alan Robinson
    3. Jonathan R. Miller
    3 lawyer answers

    You'll have to consult with your current attorney if you have one. Other options are to talk to an appellate attorney, or file a motion in the Court of Appeals to stay the appeal and allow the trial court to enforce its decision pending a decision in the Court of Appeals. 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 for more information about the legal issues raised by your inquiry. Please keep in mind...

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  2. We live in Washington'state raising our grandson of our minor daughter, what rights do we have? How hard is adoption?

    Answered 8 months ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Christopher Michael Davis
    3 lawyer answers

    To adopt, both parents must agree and relinquish their parental rights. If they don't, you would have to prove unfitness of both parents (usually due to child abuse, neglect, drug addiction, alcoholism, severe mental illness, etc.). If adoption is not possible, it may be possible to get custody in a non-parental custody case. 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 adoption, non-parental, and grandparent...

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  3. What state court do we go through now that myself and my ex-wife have moved (for child support)? We were both in Vancouver, Wa.

    Answered about 1 year ago.

    1. Bruce Clement
    2. Thomas Creekpaum
    2 lawyer answers

    Your question involves interstate custody, relocation, lack of notice, parenting plans, petitions to modify custody and support, and vacating orders based on fraud. A book could be written. You need to consult with an experienced family law attorney to discuss the details of this situation. 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 fraud, vacating court orders, interstate child custody, relocation, petitions...

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  4. I filed for divorce the respondent resides in oregon can he change the venue to oregon ?

    Answered about 1 year ago.

    1. Bruce Clement
    2. Kate M Forrest
    2 lawyer answers

    Changing "venue" means moving the case from one county to another. What your husband apparently wants is a change of "jurisdiction" from WA to OR. You can get a divorce in WA even if he lives in OR. The court has jurisdiction over the marriage if you are residing in WA, and over the children if they have lived here over 6 months. The court can grant a divorce, establish a parenting plan, and divide property and debts that are located in WA. However, for child support, spousal maintenance, and...

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  5. Can I prevent the conversion of a legal separation to a divorce in WA State.

    Answered over 1 year ago.

    1. John Groseclose
    2. Bruce Clement
    3. Richard Paul Patrick
    3 lawyer answers

    You probably cannot prevent the conversion to a divorce. But you should be able to ask the court to address the loss of military benefits before the decree is entered. See my AVVO Legal Guides on divorce and military issues for more information about the legal issues raised by your inquiry. Click on my photo; on my AVVO home page scroll down to "Contributions"; click "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. You may also want to...

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  6. Ex refuses to sign tax release forms per decree, what action do I take to enforce my decree?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Richard Paul Patrick
    3. Shannon Mary Moreau
    3 lawyer answers

    If I represented you I'd first write a letter asking her to comply with the current order, and threatening a motion for contempt and attorneys fees if she doesn't do so. See my AVVO Legal Guides on contempt for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer”; get to my AVVO home page by clicking on my name or photo; when you get to my AVVO home page scroll down to "Contributions" and then...

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  7. At what point do I have a bad faith claim against my auto insurance company? How should I proceed?

    Answered over 1 year ago.

    1. Bruce Clement
    2. David J. McCormick
    3. Spencer Nathan Thal
    3 lawyer answers

    You have two basic options: (1) Do a free consultation with an attorney who handles bad faith insurance claims, or (2) submit the issue to the WA State Insurance Commissioner. NOTE: the adjuster is not your friend, and not your attorney. He cannot be relied upon to give you reliable advice.

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  8. We just finished a modification of a parenting plan in Washington State. My EX now doesn't like how much time I am getting,

    Answered over 1 year ago.

    1. Bruce Clement
    2. Kenan Lee Isitt
    3. Stephen Ross Cohen
    3 lawyer answers

    Your ex will lose. She cannot get a revision of your current parenting plan without a very significant change in circumstances that harms the child's health, welfare or safety. If she files a modification petition, you should ask for your attorney fees for responding.

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  9. Do I have to pay taxes (in WA) on an equalization/marital asset post divorce arbitration settlement?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Guy W Bluff
    2 lawyer answers

    As I understand your question, you are getting monthly payments from your husband as part of the property distritution, not as spousal maintenance. If the orders clearly show that, it would appear to be monthly payments of a property award, which would normally not be taxed as income. It would be best to run this by your CPA, not this forum. See my AVVO Legal Guides on division of assets for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page...

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    1 person marked this answer as helpful

  10. My ex keeps filing improper motions post-trial. I am awarded attorney's fees but he does not pay them. How can I make him stop?

    Answered over 1 year ago.

    1. Bruce Clement
    1 lawyer answer

    Possible actions: (1) Hire an attorney to collect the $15,000 judgment; (2) make sure the judgment is recorded as a judgment lien with the County Recorder; (3) File a motion to set a date by which he must pay the judgment; (4) if that date passes, you can file a motion for contempt; (5) file a motion to restrict his ability to file more motions - ask the court to prohibit more motions unless he first gets the ok from the Ex Parte Commissioner; (6) file a law suit for damages for "abuse of civil...

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    1 person marked this answer as helpful

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