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Peter William Mogren

Peter Mogren’s Answers

44 total

  • What to do about missed trial deadline for parenting plan

    I have a parenting plan case that is about to go to trial and the responding party missed the 3 week deadline to serve me with the witness/exhibit list and trial notebook. a few days ago they emailed me the exhibit list and witness list, however i...

    Peter’s Answer

    You need to advise the court as soon as possible. You may file a motion to exclude the evidence, but that would be an extreme remedy for the court to take. You will need to show that you were in compliace with the deadline, and that your are prejudiced by their delay. The court would more likely give you a continuance of the trial date becase of their delay, but that is up to the judge.

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  • How can I enforce my children's father being on time for pick ups and drop offs?

    We have a parenting plan and since his schedule fluctuates week to week, I try to be accommodating on the 2 days a week he has visitation, so he tells me week to week what his schedule will acclimate and we set times based on that. But every s...

    Peter’s Answer

    You either stick to your parenting plan, or you be flexible.

    You cannot find him in contempt for ariving late, but you can deny the visit.

    If you decide to be flexible, you have to decide not to let him take advantage of you. Give him notice that if he does not arrive in time (or give you noice of his late arival) then the visit will be cancelled. You are not required to wait around for hours and waste your time.

    Yes, you could modify the parenting plan to specify the time, but it sound like his schedule will continue to fluctuate.

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  • Should a father be paying the mother non-court ordered child support if he has the child more than half of the time?

    Unmarried parents without a parenting plan. No court ordered payments established. Support payments calculated using payment calculator found online. The father simply assumes he needs to pay mother even though they share visitation, and in fact, ...

    Peter’s Answer

    I don't know the caclulations to answer specifically without reviewing it. Most likely that determines the standard calculation. However, he may be entiled to a residential credit. With the child resideing primarily with him, the mother may be needing to pay him. You should consult with an attorney to review the numbers and properly advise you.

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  • I am in the process of a divorce. I have a beautiful home with a great view of the water.

    I have the option of getting the same amount from a retirement account or possibly buying out my husband and keeping the home. I am not sure which is the better option. I am wondering if a home like this will only increase its value or if the mo...

    Peter’s Answer

    I cannot give you investment advice. I would suggest talking to a realtor to get his opinion on the future of the real estate market, and then to a financial planner to get his opinion on the future of the stock market and other investments.

    One factor is you need a place to live in, so you need housing no matter what. However, how much of your assets do you want tied up in the home? What is the condition of the home and what kind of repairs are to be anticipated in the future (roof, paint, etc.)?

    If you take the retirement account, realize that it is pre-taxed dollars. If you take the money out now, you will get a 10% penalty (unless you use a QDRO). No matter when you take the money out, you will pay taxes on that money (unless it is a ROTH IRA). The house however is tax free (assuming it has been your primary residence). However, when you sell the house, you will have closing costs that will eat into your equity.

    Part of the answer depends on your future financial needs. A house is not liquid, the retirment fund is. As can be seen, there is not a simple answer. Talking to a financial planner (in addition to an attorney) would be advisable before making this decision.

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  • Separated a couple weeks before our 3rd anniversary. She had an affair the last year. will I have to pay spousal support

    I got a new job where I will make about 300k, she makes about 75k but has an offer for a job that pays between 150 and 220 depending on bonus. Currently amicable. What would I pay in spousal support and for how long. No kids.

    Peter’s Answer

    Spousal maintenance is based upon a number of statutory factors. See RCW 26.09.090.

    The factors going for you are a short term marriage (only 3 years), so any spousal maintence would most likely be of short duration, and her level of income (does she really have a need at that level of income?). The factor against you is your inocme (between 2 and 4 times hers).

    Maintenance is not a simple formula, it is what you agree to or your trial judge decides on your trial date.

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  • How binding is CR2A document? It was signed 6/30/15, by all parties. I strongly feel misrepresented and not well advocated.

    This is marriage dissolution case conducted in a collaborative manner, however, there were few deadlines & dates included in the CR2A document that would hold the husband accountable within a five-yr period. We are both 69 yrs old. & time is of th...

    Peter’s Answer

    CR2A Agreements are binding. The fact that you were tired or worn out after an 8 hour meeting is not an excuse. The fact that you were not satisfied with your legal representation is not sufficient. If you and/or your attorney signed off on it, you are bound.

    An exception to this would be if there was fraud or misreprsentation by the other side. You have not made any reference to this however.

    I would talk to your current attorney about your concerns, and if necessar get a second opinion.

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  • Getting divorced. Married 3 years. Wife had an affair for the last year. Will they take that into account with alimony

    No kids, splitting the dogs. Both work but I make substantially more.

    Peter’s Answer

    Washington is a no fault state. The court does not even want to know whether either of you have had an affair. They will not blame her or give you the benefit of the doubt, it is a non-factor.

    If there is a basis for spousal maintenance, the court will award it, but it will not be based upon her conduct.

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  • Can a divorce settlement check be deposited into a joint bank account owned by both of the individuals?

    Hello, I am to receive a divorce settlement check. My husband and I still have a joint bank account, which has not been utilized during the later part of our separation (years), and which essentially has no funds in it. I would like to kn...

    Peter’s Answer

    If you are receiving a divorce settlement check, deposit it into an account with your name on it only. DO NOT deposit into a joint account. If you do, he could immediatley withdraw the funds, leaving you in a bind. If you do not have an account, open one immediately.

    As for his proof, the cancelled check should be sufficient for him. If there is a judgment in the Decree, then you would sign and file a Satisfaction of Judgment.

    As to the account, who was awarded the account in the Decree? In all reality, you should close down the account for your protection.

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  • Should I get a divorce before buying a home?

    I am considering getting a divorce due to the break down of my relationship with my wife. I have also been trying to buy a home. If I buy the home and then we divorce, could I lose the home in the divorce? My wife does not work and we a have child...

    Peter’s Answer

    The court has jurisdiction in a divorce to divide all assets on a fair and equitable basis. If you a house now, it will most likely be considered community property. If you both agree, you can divide the houses as you want, if not, the court will decide. The court, by statue, will award the family home to the parent who has primary residential care of the children. So yes, you are at risk.

    The issue becomes, how will you purchase the home. Will you have a down payment so there will be equity? What will be the source of the down payment? Community funds? Since you are married, the assumption is that this will be community property, unless your wife signs off on a Quit Claim Deed.

    In all reality, it is simpiler and cleaner to resolve the divorce and then purchase a home for yourself.

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  • In need of a family law lawyer.

    I am in desperate need of a family law lawyer. I have been to the courthouse and everyone I ask about filling papers the clerks all tell me I need a lawyer. Cps is involved but I have not gotten anywhere with them, everyone I try to call the case...

    Peter’s Answer

    I would suggest calling around to various attorneys and talking to them. You need someone expereince in family law and also CPS.

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