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Bradley Alexander Evens

Bradley Evens’s Answers

2 total

  • What can i do if spouse that has been served divorce papers refuses any further cooperation?

    Asking for a divorce from husband, paid a lawyer $2000.00 last August. Lawyer just now sent paperwork to spouse. Not getting any response or cooperation from him. Lawyer says the judge will dismiss the case on May 9th. Lawyer also says it will cos...

    Bradley’s Answer

    Every jurisdiction has different procedural rules, but there should be some general similarities. Have your lawyer personally serve your husband with the divorce Petition or Complaint and Summons. In all jurisdictions I know of, once you personally serve the Complaint, the opposing party only has so long to Answer before you can obtain a default judgment. If your husband does not file an Answer to the divorce Complaint/Petition, your lawyer can then file a default judgment against him. So, no you should not have to stay married if he will not cooperate or appear in the case. The $230.00 is probably a filing fee to the court. If you have children or there are some other facts not referenced in your question, this could affect how easy and efficient it is to obtain a default judgment. You should ask your current lawyer about serving the papers on your husband and about the possibility of a default judgment in your jurisdiction.

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  • Is there a new law coming out in WA that allows for a increase in C/S if the NCP is failing to excercise their visitation?

    My son's father use to see our son now he doesn't. Since visitation is calculated into C/S is there a new law coming into effect that allows for a potential increase in C/S when the NCP is refusing to see the child? I have heard this is true and i...

    Bradley’s Answer

    Washington law specifically provides for a deviation "if the child spends a significant amount of time with the parent who is obligated to" pay child support. [RCW 26.19.075(1)(d)] Until recently, Washington courts found that this statute did not create an implied right to the reverse (i.e. there is no deviation if the child spends just a little time or no time with the parent who pays support).

    In 2008, the Court of Appeals in Seattle ruled that an "ex-husband's failure to spend any residential time with the children could provide a basis for a higher child support amount. In re Krieger, 147 Wash.App. 952, 965, 199 P.3d 450 (2008). This decision was very fact specific and technically was not a "deviation," but rather an award of support above the advisory amount as provided for in the statute. The legal basis for the Court was that the parties' combined net incomes exceeded $7,000 per month net (now this would be increased to $12,000 net), and thus the Court had discretion to order a higher amount of support than the child support tables provided for. The Court relied on specific facts including that the father chose to spend no time with the children and thus the mother bears all child rearing expenses. It is not clear how this will be applied to cases with different facts (i.e. combined incomes less than $12,000 per month net; the paying parent sees the child a very little as opposed to none; or, the father contributes to other child rearing expenses in addition to child support).

    The short answer is that the door has been cracked open for courts to consider increasing child support for a parent that does not see the child, but it is not a certainty and in my opinion is not probable in most cases except for those cases with extreme facts.

    Also, there is a statutory right to adjust child support every 2 years and to modify child support if there is a substantial change of circumstances (and in certain other circumstances), or as otherwise provided for in your Order of Child Support.

    Please note, this answer is my opinion only as to the current state of the law regarding this topic, and is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues.

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