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Veronica A. Freitas
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Veronica Freitas’s Answers

9 total

  • Can you file for divorce in Washington state without a parenting plan?

    My wife and I have not lived together for almost a year. We have split all financial responsibility and time with our two children 50/50. As much as either of us would like to have an attorney cut this to the point and make the entire process si...

    Veronica’s Answer

    Most counties will not enter final dissolution orders without also entering a parenting plan and order on child support. Both of those forms are available online. You will also need to complete a child support worksheet. If you and your wife follow a 50/50 residential schedule with your children already and you both agree to continue in that regard, the parenting plan should not be very difficult to complete. The parenting plan specifies when the children will be with each parent over holidays and special occasions and it allocates decision making authority for major decisions. You will be required to complete a parenting seminar before the court will enter a parenting plan in King, Pierce and Snohomish Counties and likely other counties too.
    You will have to complete a child support worksheet in order to prepare the order on child support. You and your wife can agree to no transfer payment by choosing a deviation in the order on child support. You have to state a basis for deviating from the required transfer payment. The basis can be that the children spend substantial time in the paying parent's household and that the other parent's household has sufficient income to meet the children's basic needs.

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  • Family law trial- is it a judge or a jury that makes a decision?

    The question says it all, it's in snohomish superior court, will it be a judge or a jury that makes a decision?

    Veronica’s Answer

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    A judge will make the decision. There are no jury trials in family law cases.

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  • My wife took my son with her new boyfriend to california

    I"m still legally married to my wife but we are separated. She took our son with her new boyfriend out of state to California to live with out my consent. I did a police report. What else can i do?!

    Veronica’s Answer

    You need to file dissolution action immediately and then seek an ex parte order restraining your ex from removing the child from the state of Washington and requesting she be ordered to immediately return your son. There are many factors that the court will consider when deciding whether or not to order her to return the child. Those include how long she has been gone, how frequent your contact with your son was prior to her leaving, the child's age, the reason for your wife leaving, etc. The court could order her to return the child pending further hearing or trial on the divorce action, or the court could permit her to remain in CA pending trial. The court would likely order a temporary parenting plan or residential schedule for you to have access to your son pending trial on the divorce case.

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  • Is credit card debt incurred after filing legal separation still the responsibility of both parties?

    Legal separation papers state that all debts incurred after the filing date are to be the responsibility of the party creating the debt, but the credit card company is trying to collect from the non responsible party.

    Veronica’s Answer

    The decree of separation is enforceable between the parties to separation action, it does not limit a creditor from pursuing collection against any party liable under the credit card agreement. The separation petition and later decree serves as notice to third parties of the legal action to separate the community. You should send copies of the decree to the creditors so they are aware of it, but they are not bound by it if both parties are liable for the credit card debt otherwise.
    The non-responsible party has recourse against the responsible party in the court where the separation decree was entered. If the non-responsible party suffers a financial loss from a collection action by the credit card company, the non-responsible party can seek a judgment from the responsible party to include the amount of the loss, interest and attorneys fees. It is important to close joint accounts or remove your name from them as soon as possible after a decree is entered allocating responsibility/ownership of credit accounts.

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  • How to collect spousal debt outlined in final divorce decree

    The final divorce decree states: It is decreed that .....: Liabilities to be paid by husband: The husband shall pay the following community or separate liabilities: Internal Revenue Service: $5,000, Mortgage payments: $5,000. I ended up pa...

    Veronica’s Answer

    • Selected as best answer

    You need an additional judgment specifying the specific amounts he owes you in a dollar figure. The decree and proof you paid the debts will provide the basis for the judgment.

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  • Married in idaho, live in washington which state do I file for a divorce in?

    My husband and I got married May of 2011 in Idaho, and now are seperated, want to know which state to file divorce in. We live in Washington. Also we have a child on the way due November 2011. He works for his dad under the table and was going to ...

    Veronica’s Answer

    If you are both currently residing in Washington, then file your divorce in Washington. You will not be required to pay spousal maintenance post divorce because your marriage was very short. It does not seem likely that you would be required to pay him temporary maintenance - which covers the period between separation and the entry of the final divorce decree - based on your representation that he is working. The court will consider your income compared to his and decide whether or not he has the need for support and whether or not you have the ability to pay it.

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  • Is there any situation under which the parenting plan is expected to continue, once a child turns 18?

    Is it a given that the parenting plan is null and void upon the child's 18th birthday? Can a parent who wishes the parenting plan to continue take the other parent or the child to court over this issue? (Washington State - King County) What if tha...

    Veronica’s Answer

    A parenting plan governs minor children. Once a person reaches adulthood the court loses jurisdiction over that person and cannot dictate where that person shall reside. There are exceptions for disabled people over 18 who remain dependent, however their residential schedule is typically decided in a guardianship action.

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  • Can I move out at 17 in Washington?

    It's non stop fighting and screaming with my parents, my boyfriends mom has told me it's fine if I move in with them. Can I do this legally?

    Veronica’s Answer

    Your parents are legally responsible for you until age 18, unless you become emancipated from them. Anyone over age 16 can seek emancipation, but they must show that they are able to manage their financial affairs and their personal, educational and non-financial affairs.
    Your boyfriend's parents could be exposed to potential criminal charges if they let you live with them against your parent's wishes - see RCW 13.32A.080 - Unlawful harboring of a minor below:

    -- Prosecution of adult for involving child in commission of offense.
    (1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

    (i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

    (ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

    (iii) Obstructs a law enforcement officer from taking the minor into custody; or

    (iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

    (b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

    (2) Unlawful harboring of a minor is punishable

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  • Why does the court ask for tax documents for the past two years and check stubs when reviewing a child support order?

    I am just curious why the courts request tax information from the past two years? Is this just to check and make sure what I am claiming in income makes sense? It seems my gross income on my tax forms (annual gross income) appears to be higher th...

    Veronica’s Answer

    The court's request tax statement for three years, bank statements and check stubs for six months so that the court will have information from a variety of sources to get the most accurate picture of your earnings. Earnings may fluctuate over time, so looking at only six months may not be accurate.
    The court wants to know what your current earnings are. If your tax returns are higher than what you are currently earning because you are earning less, or getting less overtime, then your pay stubs are the most accurate indicator. If you receive an annual bonus that increases your annual income each year, then your annual income from your tax returns is more accurate.

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