Tresa Ann Bennallack Sadler’s Answers

Tresa Ann Bennallack Sadler

Mill Creek Divorce / Separation Lawyer.

Contributor Level 7
  1. Do I need to request child support, and is it possible to do that now?

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. David Alexander Browde
    2 lawyer answers

    It is not too late to ask the Court for a Temporary Order of Child Support and/or Temporary Parenting Plan, but you do not need to get one to proceed through the divorce process. Both are good to get so that there are established orders that both parties must follow while they go through the dissolution process. A Temporary Order of Child Support will trump the Administrative Order, but the effective date of the Temporary Order or the Final Order of Child Support cannot be any sooner than the...

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  2. How do step-parents play a role in custody cases?

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. Dave Hawkins
    3. Bruce Clement
    3 lawyer answers

    The standard to modify a parenting plan is a substantial change in circumstances. The standard can be met if there is a change of work schedule or move/relocation by the non-primary residential parent which makes the parenting plan impractical to follow. Without knowing more details, it would be difficult to determine whether he would win, but it would center on why the change of transportation is necessary. If the case proceeds any further by your ex filing a petition or wanting to go to...

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  3. Can they take child support out of my wifes check

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. Thuong-Tri Nguyen
    2 lawyer answers

    Your new wife's wages will not be garnished or wage assigned because of your child support obligation. However, your child support obligation will still need to be satisfied and paid by you, even if you are not working and going to school full time. Usually, the Court will not adjust the child support amount based upon a parent's choice to return to school instead of work, but it may be something you should consider since your family's income will be significantly reduced.

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  4. I got my final child support order after our trial. I am trying to understand what the payment will be.

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. Michael John Gainer
    2 lawyer answers

    The transfer payment is the amount that is to be paid to you. If your order states that you receive a percentage of child care, public transportation, extra medical expenses and sports, and these expenses are not included in the child support worksheets, then usually the best way is to keep track of all of your receipts and copies of payments, and submit them to the other side once a month with a very clear statement that you expect payment within a set number of days. If the order is not...

    3 lawyers agreed with this answer

  5. Could the father of my child get in trouble for denying my son from visiting his counselor while he is with him, like canceling

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. Tami Lane Augen
    2 lawyer answers

    If counseling is a joint decision and he did support counseling at one time, that is the status quo and both parties need to comply with the decision. If it was court ordered that your son attend, and his father is not taking him to his appointments, then you may have a case for contempt against the father. The derogatory comments he makes about you should be brought to the counselor's attention.

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  6. If an ex gets fired from their job could this be considered voluntarily unemployed with regard to child support?

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. Jay W. Neff
    3. Larry Jerome Couture
    3 lawyer answers

    Your emails back and forth to him (text messages as well if you can take photos and present them in a paper format to the court) will be very critical in proving your case. If he has filed for a modification case, that will open the door for the discovery process. Under the discovery process, attorneys (and the court if you are representing yourself) can issue subpoenas to obtain your ex's employment record, which will show that he was fired because of his own poor acts. If he intentionally...

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  7. My husband pays child support and part of the support is ordered to pay for daycare, well the kids haven't gone to daycare in

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. Jay W. Neff
    2 lawyer answers

    The rule states that if the daycare expense actually paid is greater than 20% of the daycare actually incurred over a twelve month period of time, then the paying parent can request and obtain a refund for daycare expenses not actually incurred. If it has been at least 24 months since the effective date of your last Order of Child Support, it would be a good idea to consider an adjustment. An adjustment is a motion that adjusts the amount of support and the percentages of medical and other...

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  8. If there is no parenting plan in place, do I have to allow my daughter's dad visitation rights?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Miranda Baner
    3. Tresa Ann Bennallack Sadler
    3 lawyer answers

    There is nothing in place that says you should or shouldn't give him time, but if/ when the case goes before a judge, you do not want the court to get the impression that you were withholding without cause. You cannot withhold your child from her father because of lack of child support. If he is working, even out of state, Washington can go after him even if he is working in another state. There is nothing saying that you cannot go along and supervise the visitation if you have legitimate...

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  9. How do you prove that a parent is unfit?

    Answered over 1 year ago.

    1. Tresa Ann Bennallack Sadler
    2. Bruce Clement
    3. Dave Hawkins
    3 lawyer answers

    It is critical that abuse and neglect of a child is witnessed by unbiased (people who have no interest in the outcome.). You or you husband are inherently biased so it will be difficult to prove. so an investigation by CPS or the police that comes back with a finding of neglect or complaints from a teacher, daycare worker one other professional involved with the child. If the grandmother writes a statement that would help.

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  10. My 14 year old does not want anything to do with is father. He wants to go to court and talk to a judge can he and will it help?

    Answered over 1 year ago.

    1. Thuong-Tri Nguyen
    2. Tresa Ann Bennallack Sadler
    3. Edward Brandon Beckham
    3 lawyer answers

    The Courts generally do not want the children involved directly with the court process. The Court's appoint Guardian Ad Litems to represent the children's best interests in court, and to be the voice of the child in the court proceeding.

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