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  • Can my son's dad change my son's school without my consent?

    We have split custody and because of my ex moving we agreed to change my sons school in my district. It was more geographically and because of work schedules more logical. My son has been at the school now since September. We verbally agreed on...

    Boaz’s Answer

    You will need to clarify the facts before a solid answer can be given. That said, assuming you have a "split-custody" (i.e., 50/50 shared residential) parenting plan order from Washington State that includes standard joint decision-making for educational decisions, a change in schools will require agreement of both parties. Even if you don't, however, unless the parenting plan order provides otherwise, an opposed change in schools will typically require filing a petition for modification and subsequent court order authorizing the change in schools before it can be done. It is not in your child's best interests to keep moving from one school to another without a good legal basis for it, and mere disagreement on an unrelated issue is clearly not enough.

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  • Does a court have the power to modify the parenting plan, and mandate parents to go for arbitration instead of mediation on almo

    Parenting plan says mediation, typically fails. It's a waste.

    Boaz’s Answer

    A Washington State Family Law Court generally has the legal authority to modify a parenting plan or custody decree if the party seeking modification can provide a legal basis (i.e., "adequate cause") to do so. The full scope of legal bases to justify a modification action are in Revised Code of Washington (RCW) 26.09.260). If, at the show cause hearing, the court rules there is a legal basis (i.e., "adequate cause") to modify the plan, the case moves to the discovery stage where information is obtained for purposes of settlement and, if necessary, trial.

    In King County, and many other counties, following the discovery stage and prior to the trial date, the parties must attempt to resolve disputed issues through a form of alternate dispute resolution (i.e., mediation or arbitration). However, unless the parties agree to arbitrate, mediation must be attempted instead. Arbitration is not mandated. It is optional and requires both parties' agreement.

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  • In the state of washington, is the inheritence community property to be divided in a divorce?

    family member left monies in inheritence, is it considered community property also

    Boaz’s Answer

    The above responses are correct.

    To elaborate further, "commingling" is defined as the intermixing of both separate and community property to the extent the source of the separate property (i.e., inheritance) can no longer be traced and identified. In such cases, the account is presumed to be entirely community property. For example, if the check from the estate is deposited into a joint account and numerous withdrawals from and deposits of community earnings into the account make it impossible to accurately trace a portion of the account back to the inheritance check, it will be considered "commingled". To prevent commingling, it is advisable to keep all inheritance records such as the estate's cancelled check, will, and probate documents, deposit inheritance proceeds into a separate account, and not make any community deposits into it. For additional information on commingling, see In re Marriage of Skarbek.

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  • I live in wa. which is a community property st. My wife inherited most of the furniture years ago. Does she get to keep it all

    Basically shes asking for everything in the house. I'm not asking for much about 30% of the belonging. She's claiming that its hers because it was inherited. We got rid of our old furniture to make room for the new furniture several years ago. Wha...

    Boaz’s Answer

    Property acquired by inheritance during the marriage is seperate property. However, that doesn't mean she automatically gets everything she inherited.

    Washington courts distribute all property and debts based on what is "just and equitable" based on a number of factors, including duration of marriage, economic circumstances of both parties, and community and seperate property. Depending on your case facts, it is possible a court would award you a greater share of the community property to offset the value of the inherited property, or divide the inherited property.

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  • How do I look up case law?

    I have access to LexisNexis and I'd like to read some case law, however, I'm not familiar with the abbreviations or the familiarity of LexisNexis. For example: In re Luckey, 73 Wn.App. 201, 209 (1994), what does 73 Wn.App.201,209 mean? Another exa...

    Boaz’s Answer

    This is an excellent question (legal research and writing is a one year law school course).

    Finding case law that is helpful to your case requires a certain amount of legal research knowledge. A local law library at a law school or courthouse is an excellent source for information. LexisNexis also provides legal research support.

    Regarding your specific question, "Wn.App." is the citation for Washington Appellate Reports, the name of a publisher of Washington appellate court decisions. The number "73" is the volume number, "201" is the page number of the court decision, and "209" is the page number within the court decision containing the specific issue you're looking up.

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  • I was only married for 6.5 years no kids the judge gave her 1/2 of my retirement for those years is this really legal?

    She also did not pay the house payment etc. And I was left with foreclosure and mass bills.

    Boaz’s Answer

    All assets, including retirement, and debts acquired during a marriage are presumed to be community property. Each spouse has a 50% interest in it regardless of who earned it. The judge must have determined, despite you taking on those debts, a 50/50 division of the retirement was a "just and equitable" property division under Washington Law. If you believe the decision was contrary to law, you should seek an attorney for advice on a possible appeal.

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  • Can my spouse put me out of r home or divorce for financial gain if I don't sign off on inheritance if they pays off our home?

    parent died, spouse selling valuables , told me if I don't sign off on inheritance $, I will b put on street. spouse wants to pay off house we live in.spouse now filing for divorce, has parent money, I don't. Parent died in our home. We cared for...

    Boaz’s Answer

    Your wife can't unilaterally kick you out of your family home for refusing to sign any documents. Unless there is domestic violence or similar abuse involved, you can only be removed from the home by a court order as part of a divorce action.

    Also, regarding those valuables, if they were bought with income earned during the marriage and were not gifted to her (for example, jewelry), then she's selling community property and you're entitled to 1/2 of those proceeds. I suggest you seek an attorney for a consult to know your legal rights.

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  • Washington State child support worksheet. Final Orders. Imputed income and maintenance income. Confused on characterization.

    Judge ordered spousal maintenance as 1 year of college tuition (paid sometime in the future) + 4 months of medical insurance (effective now). Spouse receiving maintenance is not working and their income is being imputed. (NO ACTUAL CASH IS BEING ...

    Boaz’s Answer

    The short answer is spousal maintenance, which are payments to the spouse to pay his/her expenses, are includible as income to the recipient and a deduction to the payor. Child support, payments intended to pay for children's expenses, is not.

    However, since spousal maintenance and child support are authorized by different laws, based on different public policy, and have different tax treatment, ordering spousal maintenance to be paid in the form of child support makes no legal sense. I advise you to consult with an attorney who perhaps can clarify and/or make sense out of the order and give you a firm answer.

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  • Ex-husband (and abuser) has refused to deliver mine & daughter's property as stipulated in Divorce Decree. What do I file?.

    2nd Attempt for Info. In 2012 I fled a DOMESTIC VIOLENCE situation w/teen daughter. 09/2013 divorce finalized- Mason Co. Superior Court. Divorce Decree states ex was to deliver our personal property, including property agreed to in division by mid...

    Boaz’s Answer

    You may file a motion for contempt under these circumstances or a motion to enforce the decree. I have provided a link with further information and forms.

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  • Can I motion for a modification to the divorce decree once it has been filed?

    There are things in the divorce that I shouldn't have agreed to, but I signed it under undue influence. She had me sign the document when I was in a depressed state and she knew it. I lost my job and my father passed away all in the same month I...

    Boaz’s Answer

    As stated, the legal action you're interested in is a motion to vacate the decree. There are several specific reasons a person may vacate. A decree will not be vacated merely on the claim of overall unfairness. One reason for vacating a decree is that a spouse was of "unsound" mind that was unknown to the court. However, that requires showing you were - due to mental illness or physical reasons - unable to clearly understand what you were signing. Being depressed, even very depressed, is unlikely to be enough if you understood the decree. If that is the "undue influence" you refer to, it is unlikely to be successful. Depending on the reason, you must file the motion within a year after the decree or at most a "reasonable amount of time" afterwards.

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