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Yale Lewis III
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Yale Lewis’s Answers

308 total


  • What is the age a child can choose which parent they want to live with? In the state of washington.

    I was wonder what age a child can choose which parent they want to live with?

    Yale’s Answer

    the child cannot make a unilateral choice about where to live until he/she is 18. However, the court's will tend to put more weight on the child's opinion based on their age and their perceived maturity and competency.

    The way to get the child's opinion into the record is for them to tell a therapist, who will then report what they say to the court. The child cannot testify directly because they are a minor. They cannot testify through a parent because that is hearsay. In addition, the court's do not want to put the child in the middle of a dispute between the parents

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  • Custody Order says I have tie-breaker status on Legal issues. The ex won't sign our child's passport consent. What to do?

    Court Order says I have tie-breaker on legal issues but I must first discuss and take into consideration the ex's concerns. I have sole physical custody, the ex lives in another state, we have joint legal with me as tie-breaker on disputed issues...

    Yale’s Answer

    if your PP has a dispute resol. mech., you must follow it. File a motion and ask for attorney's fees.

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  • Why should i pay child support if I am primary caregiver for both kids, regardless of parenting plan???

    I have been the primary care giver for my children (ages 12, 11) EVEN though their is a parenting plan in effect, I HAVE proof that the children reside with me 80% of the time (over 7 statements, even from daycare/schools that I pick/drop off the ...

    Yale’s Answer

    DCS will look at the Order of Child Support and then do the math to determine who owes what to whom. It doesn't matter what the parenting plan says or whether you follow the parenting plan.
    If the Order of Child Support does not reflect the reality on the ground, then you need to change it. You will also need to change the parenting plan. The new order of child support should reflect the new parenting plan. It can be retroactive to the day you filed your petition to modify.
    Unfortunately, the administrative hearing will not address the parenting plan, so, unless you can agree on a new parenting plan, it will probably be a waste of time for you.

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  • Spouse revoked joinder and filed response to petition.

    We filed for uncontested divorce in King County and my spouse signed the joinder. We also had the final hearing date set. Last week, my spouse filed termination of joinder and response to petition at the clerks office. I'm not sure what to do now ...

    Yale’s Answer

    Looks like your divorce is no longer uncontested. When you filed your petition, you should have gotten a case schedule. You will now have to follow the case schedule. Try to settle, but get ready to go to trial. You may want to get a lawyer.

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  • What does basic child support obligation includes in state of Washington?

    On top of my basic child support my ex.wife has been charging me for 1/2 cost of school lunches, 1/2 cost of extra carricular activities for the child, and 1/2 cost of summer camps.(none of these items are listed in my child support schedule doc, ...

    Yale’s Answer

    The order of child support sets out what you have to pay for. Anything not on the order, you don't have to pay. All orders will require you to pay a certain amount in the section called transfer payment.
    Another section requires you to pay a portion of things like: extra curriculars, long-distance transportation, and work-related daycare. The portion is usually 50/50, or the proportional amount determined by the child support worksheet.

    school lunches and summer camp are definitely not a legitimate extra cost unless the order specifically says so.

    extra-curricular activities are a legitimate expense, again, if it says so on the order

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  • I have a QDRO that was done in the divorce papers. My ex is retiring.

    What, if anything, do I have to do at this point to make sure the QDRO is followed?

    Yale’s Answer

    i would call the plan administrator to make sure everything is properly set up and ready to go

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  • Divorcing process and cost involved

    I am new to this country. I have to divorce my wife. we are married for almost 3 years. We have a son together, whose access she has been trying to restrict for almost 6 weeks but now i have court permission to have supervised visitation twice a w...

    Yale’s Answer

    I stongly advise you to consult an attorney. Courts take domestic violence allegations very seriously here. Even if the allegations are completely false, you are at risk of losing your relationship with your child.

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  • Do you have to give notice to relocate within a school district?

    My ex-wife, with whom I have joint custody, continues to spontaneously and frequently move from place to place in order to conceal a variety of suspected activities. My question is: Under RCW 26.09.450 does she have to give notice with the include...

    Yale’s Answer

    The relocation Act doesn't apply if the other side is moving within the same school district. However, if she moves, she is required to notify you and the clerk of the court, because you have an on-going case with her

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  • When my daughter turns 18, can I pay the child support to her directly rather than her mother.

    My daughter lives with me 50% of the time, and I pay child support to her mother. As she has gotten older, my daughter would like opportunities to go to camps, drive the car, etc. Her mother makes her buy her own gas and insurance and does not r...

    Yale’s Answer

    The order of child support will probably expire when your daughter turns 18 or graduates from high school, whatever is later. You need to read it to find out.

    Once it expires, then you would not be legally obliged to pay anything to anybody

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  • Green Card divorce suspected?

    An acquaintance came home one day to find all of her husbands and his sons belongings gone. She is a US citizen, he was here illegally when they met then they married. Fast forward 3 years later and he's left her now that he has his green card. ...

    Yale’s Answer

    there is no legal remedy for a broken heart. however, she needs to get divorced from him for no other reason than to protect herself from any community debt or other liability he may incur.

    if he really took many of her possessions, she has a good claim to getting them back. In a short marriage of only 3 yrs, the court will prob. try to put the parties back where they were before the marriage

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