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Yale Lewis III

Yale Lewis’s Answers

308 total

  • I am about to get married to a man who already has 2 kids

    his exwife is taking him back to to court. will my income be taken into consideration for an increase in child support?

    Yale’s Answer

    income of a new spouse / domestic partner is a discretionary consideration. Most commissioners / judges will not consider it.

    The mandatory considerations are the income of the two legal parents (bio or adopted)

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  • My 25 YO son will not leave my house. Can I have him charged with trespassing if he wont leave?

    He doesnt work, contribute or support the houshold in any way. He uses drugs and drinks and causes us problems day in and day out. He doesnt pay rent and there has never been a lease or rental contract so he is NOT considered a tenant. Can he be r...

    Yale’s Answer

    If you feel threatened by him, esp. if he has been violent, you can get at Domestic violence protection order requiring him to leave and stay away.

    Another option is to go through the eviction process.

    I don't think trespassing is the best choice. He has some claim to live there and you have tolerated it, perhaps since he turned 18. A trespass claim would, in theory, get you damages, but it wouldn't necessarily get him removed.

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  • I am asking to extend support for post secondary education in Washington State.

    My son graduates this year and my attorney had told me all those years ago that I would need to file this year to extend his support for his post secondary education, since he is still living at home and relying on both parents to help with his sc...

    Yale’s Answer

    the form you need to begin the process is a petition to modify child support. If he won't sign the joinder, you will also need a summons.

    Beyond that, the forms you need will really depend on what happens.

    You will need to file the petition based on the deadline in your current order of child support. The most common language is: "until the child turns 18 or graduates from high school, whichever is last."

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  • How long is a temporary order of custody valid

    custody was awaded in ny 16 m ago but children were sent to ny 14 m ago is ny order still valid?

    Yale’s Answer

    • Selected as best answer

    In Washington, the temp. order would be valid until superseded by a new order, final or temporary. The exception to this would be if there were an automatic sunset clause. For example, the order shall expire when the child turns 15, or whatever.

    I would need more info to give you a more complete answer.

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  • My mother wants to evict her daughter (my sister) from her home. she has been asking her to leave for over 2 years.

    we have been told by the police that since the daughter has established residency by receiving mail there, my mother has to go through the court. i have gotten conflicting information on how to proceed. i was told we can get an eviction kit, but i...

    Yale’s Answer

    Have the police arrest your sister for using crack. That should get her out of the house. After that, your legal options include:

    Writ of restitution (the eviction kit). This option is designed to get people who are illegally using your property out of your property. This is the most legally appropriate option.

    Domestic violence protection order. This option is designed to address primarily the situation where one family member is physically or emotionally abusing the other. Physical abuse is easier to prove than emotional abuse.

    Anti-Harassment Order. This option is basically a domestic violence protection order but it applies where the victim and perpetrator are not family members.

    i don't really think that one statute is easier to use than the other. If you can't figure out the writ of restitution, you should go to a neighborhood clinic to see if you can get some pro bono legal advice.

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  • If there is no court order for child support and the other parent gives money does it count when an court order is issued

    if my child father gave me money or bought my child diapers before a court order for child support was issued. when the order is issued does that count as child support paid?

    Yale’s Answer

    The child's father needs to pay child support beginning the effective date of the order. Whatever he contributed before that is irrelevant, in terms of the order of child support

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  • I am the designated custodian of my 7 year old son, however his mother and I have joint decision making for education.

    We live in different counties (about 45 minutes apart) and for the last two years my son has attended a private school which is about in the middle for both of us. This school isn't working and my wife and I want to move him to a school closer to...

    Yale’s Answer

    I disagree w/the atty you spoke to. You need to follow the parenting plan provision regarding mediation. Assuming your facts are accurate and I read the PP the same way you do, if you were my client, i would prob. advise something like this: write a formal letter requesting mediation per the PP. Give her three potential mediators w/names, ph. #s, addresse. Tell her she can strike two of the names. Ask her to please respond within two weeks. Send it certified mail.

    If she doesn't answer, write her another formal letter two weeks later informing her that you picked out a certain mediator and he has the following mediation dates available. Ask her to pick one. Send it certified mail. Ask her to respond within two weeks.

    if she doesn't respond, move the kid to the other school.

    if she does respond, my advice would depend on her response

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  • Divorce Lawyer?

    I was in a 8/9 year realtionship with someone. We lived together for 3 years in the middle of the realtionship and he lived overseas for the last half but maintained "residency" staus with the address of the house we co-bought 3 years ago (07). I ...

    Yale’s Answer

    sounds like you were in what a court would call a meretricious relationship. In a marital relationship, all property owned by the parities, community and separate, is before the court for a just and equitable distribution. In a meretricious relationship, however, only property that would have been community had there been a marriage is before the court for distribution.
    Thus, you have a claim to a just and equitable portion of the community portion of the house. This is tricky. You should call a competent domestic relations attorney.

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  • How does this restraining order work...? (Split-Custody)

    My girlfriend is going through a custody battle with her daughter's father in the State of Washington. We are currently about to move into a house, just the two of us. The daughter's father has a no contact order out including his daughter towar...

    Yale’s Answer

    it sounds like the father got an ex parte rest. order against you. once you get a copy of the order, you need to be sure not to violate it. You also need to appear in court at the appointed time and argue why it should not be made permanent. You need to file and serve responsive papers (copies to the court, the family law motions coordinator, and the father) 4 days ahead of time. I suggest you get a lawyer to help you do this.

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  • Who would get the house after 10 yrs if there was a pre nup. the loan was in the wifes name first. But now in the husbands


    Yale’s Answer

    First, look at the pre-nup. If it is awards the house one way or another, and is enforceable, the house will be allocated per the pre-nup. Note: not al pre-nups are enforceable. it depends on if is was fair, if each party was represented, etc.

    The fact that the loan was in one party's name or another probably doesn't matter to the court (presumably it was a community property debt), but it will matter to the bank.

    To divide your assets, the court will first allocate all assets as either separate or community, and then make an allocation from each according to what is just and equitable.

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