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Karin Quirk

Karin Quirk’s Answers

55 total

  • What is involved with child support if my child will be in Washington state, but i will be residing in New Hampshire?

    I am active duty in Washington state, where my girlfriend got pregnant because of me and we broke up a couple months later.

    Karin’s Answer

    If the child is living in Washington, this state has jurisdiction and a support order can be entered. There are a number of factors involved and you should consult with an attorney licensed in Washington. Child support runs until the child is 18 so there's a lot of money at stake. It's realh worth talking to an attorney.

    Also, you should have a parenting plan so that you can establish a relationship. You will have to pay whether you are involved in child's life.

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  • Hi attorneys, I have question regarding preparing separation document. If I closed my personal saving account one to two month

    prior to preparing the documents , does my spouse attorney able to track back the $$$ as far as Community property?

    Karin’s Answer

    Yes both spouses can track back financial transactions. Even though you call it your personal account, if it was your earnings during the marriage it is community. Even truly separate property can be tracked.

    You can transfer money, sell stocks or buy something but you will have to disclose your transactions.

    You might consider paying for a consultation with a lawyer to make sure you don't get in trouble down the road.

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  • Do both parties need to be present to finalize the divorce?

    I am the petitioner do I need to be present and does a respondent need to be presentto finalize the divorce?

    Karin’s Answer

    The rules vary by county in Washington State. Generally, if both parties have agreed on everything and signed the final papers, only one person has to be present. If you have an attorney it can be done on a walk in basis.

    In King County a lawyer can finalize a case without either party appearing in court.

    It might be worth it to hire a lawyer on a limited basis to enter your final orders. Saves time and makes sure you get it done right.

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  • How do I go about modifying a divorce decree in King County WA?

    Divorce was finalized in 2009. Decree awarded the house to me. I was unable to refinance and could not afford the mortgage payments, so my ex-husband agreed to take ownership of the house (we are both still on the title). He has assumed full fin...

    Karin’s Answer

    You need to do a title transfer. You can execute a "Quit Claim" which will take you off title. Unfortunately this will not take you off the loan. Your ex may have to refinance to get you off loan obligation.

    I would file an agreed amendment to the decree regarding this because otherwise the state may charge a transfer excise tax when you change title. Such a tax is not charged if it is a title transfer due to a divorce.

    A consultation with an attorney can help get this done so you avoid future problems.

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  • Is it possible to settle contested divorce without property discovery and mediation, if parties can settle by themselves?

    I have a few other questions too. Does the property list need to be included in the divorce decree? And is there a way to not go through mediation in WA?

    Karin’s Answer

    I absolutely agree with the other answer. You did ask a two fold question. Can you settle without mediation? Of course. Without discovery? I don't recommend it.

    In order to have a good agreement you want to make sure that all asset and debt have been disclosed. An undisclosed asset can be a time bomb. The disclosure need not be formal but you do want to make certain both parties are fully informed.

    Tax consequences are also important and you should have agreement reviewed by attorney. Many attorneys will provide a consultation at an hourly rate to review documents.

    Many people doing their own settlement do not understand that the full extent of the settlement does not have to be disclosed in the public record and can be a separate agreement that is not filed with the court. Again, an attorney can help you preserve your privacy.

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  • Do i need to go to court to be able to move or be deemed primary custodial parent

    my son is 3yrs old his mother (never married ) left 2 yrs ago due to drug problem, she has seen our son 3 times and called only a handful of times in the last 2 yrs she claims to be clean of all drugs but has never shown interest in seeing her son...

    Karin’s Answer

    Please see a lawyer and get a court ordered parenting plan making you primary residential parent. You will be able to move after giving written notice to mom. Written notice does not have to be anything formal -- an e mail will do. Mom then has to take the initiative to object to the move. My guess is she won't got through the trouble. Even if she did object, under the circumstances you describe, a judge would most likely give you OK to move.

    I can't stress enough how important it is for you to get legal papers establishing you as primary parent! You will need this for enrolling in school or getting a passport and numerous other reasons besides your peace of mind.

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  • I had a divorce agreement saying i wont go after child support as long as dad gave son property at death. he sold that property.

    he sold that property during life. divorce agreement was in 95' he wasn't the biological father, but he took my son in as his own at 5 months old. my son is 29 now. the father died this year. can i go after his estate for breach of divorce agree...

    Karin’s Answer

    I notice no lawyer has taken this on. I think you have stumped the divorce attorneys. I believe your son may have a case and I suggest you post this question in the probate area. A probate lawyer may be able to answer this. I am going to forward this question to a probate attorney I know. Hopefully you will get a response.

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  • How do I get control back of my family owned property from x Co Partner

    X partner of 23 years has been living in my home for 2.5 years after she left me for another man of 1.5 years and did not work out. I allowed her to move back in and has been paying no rent and bills~ free even thou she works. She will not leave. ...

    Karin’s Answer

    I agree with the previous lawyer. I am not sure this is a family law case or a property/landlord tenant case. You may look at some landlord tenant forums. Whether this is in the family law arena depends on a lot of factors.

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  • Ending 15 months marriage, same income level, no joint accounts. will my prior-to-marriage assets such as savings be divided?

    i had savings and other assets mostly from prior to marriage, she had none. i owned the home prior to the marriage, she never contributed to the home, ex mortgage, utility. in this case, will prior-to-marriage assets such as my savings be divided ...

    Karin’s Answer

    As stated earlier, all assets are to be considered by the court. In the case of a short term marriage as yours, and with same income level, your spouse probably does not have a claim to your pre-marriage accounts.

    A short consultation with an attorney looking at the specific facts of your case should really be worth your while. Most attorneys will offer an hourly rate for a consultation.

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  • What paperwork do I need to file for divorce in Washington State?

    I have started some of the paperwork on my own (Proposed Parenting Plan & a Property Settlement Agreement), but what do I actually need when I go to the county office to file?

    Karin’s Answer

    You do not need a parenting plan and property settlement agreement to merely file a petition. That can be done later. If this is an agreed upon divorce you can file a petition with a joinder signed by your spouse. Different counties have personal information forms you may need. Oh, you also need money for the filing fee.

    Later you can do the property settlement agreement and parenting plan. You also must do a child support order and support worksheet.

    I suggest you contact an attorney and ask for "unbundled" services so you can have some guidance. It can really save you trouble down the road.

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