Child will be turning 18 with plans to attend college, would like to have child support payments extended.
You need to review section 3.14 of your child support order and see what it has to say about post-secondary support. There are several possibilities: it could say that it shall not be paid, in which case you would need to prove that there has been a substantial change of circumstances that would justify a major modification; it could say that it shall be paid, in which case you would need to file a motion to establish the amount and to whom it will be paid; most commonly, the issue is reserved, because it is not until the child actually reaches that age that the court has the information relevant to assessing their need and the parents' ability to contribute (the full range of factors considered can be found here: http://apps.leg.wa.gov/rcw/default.aspx?cite=26.19.090). You must make sure you file before the existing order terminates (usually the latter of turning 18 or finishing high school, see section 3.13 of your order).See question
I'm getting married in April to my partner of 2 yrs. While we both have solid jobs that provide a good salary and benefits, we are definitely not drowning in cash or assets (we both have significant student loan debt). A friend of ours--who is hap...
A prenuptial agreement can address future circumstances too, not just preserve the status quo of your existing separate assets and debts upon entering the marriage. Washington is a community property state, so anything either of you earns during the marriage is presumed to belong to both of you equally, and the same goes for debts incurred. If you want to maintain financial autonomy in marriage, a prenuptial agreement can rebut that presumption and allow for establishment of separate property and debts in each of your names during the marriage, which can make things somewhat simpler in the event of a divorce. There may also be advantages to keeping your finances separate if you are participating in any income-based loan repayment program and you plan on filing your taxes separately--you should talk to a financial professional about this first, but it is just one option to consider. Even if you plan to co-mingle your assets and leave the community property presumption intact, it can be helpful for future peace in the relationship to reach agreements in advance about how finances will be managed in the marriage. Prenuptial agreements can also be a tool in your estate planning, for example agreeing that upon death of one spouse certain property may be treated as part of the community estate. The best way to know whether there is a benefit for you personally is to talk with an attorney about your specific circumstances.See question
If a woman wants to bump up child support by 45,000 dollars per year for private school, can she do that?
If your child support order includes a proportional split of educational expenses in 3.15, you may need to file a motion for clarification to get a ruling from the court as to whether that was intended to include private school tuition. If educational expenses are not included, or if they are included but limited (e.g., if it says "agreed educational expenses" or there is a specific exclusion of private school tuition), she would need to show the court a substantial change in circumstances to justify modifying the existing order. There is case law that says the court is permitted to award an amount for private school tuition in a child support order if appropriate (factors to be considered by the court are "family tradition, religion, and past attendance at a private school, among others"), but the case law also says that "where acceptable public schools are available, and there is no showing of special circumstances justifying the need for private school education, the noncustodial parent should not be obligated to pay for the private education of his or her minor children." So, bottom line, the burden would be on her to prove to the court why this is necessary given the fact-specific circumstances of your family.See question
His mother, my aunt, is very verbally and mentally abusive. He finally had enough and came to live with me, which she "doesn't have a problem with". But she's making his life a living hell basically. How can i take guardianship so she can leave h...
"Guardianship" in Washington State generally refers to a legal appointment for managing the affairs of someone who is incapacitated. Minors are considered incapacitated by the fact of their age and need for supervision, so that's why you hear of parents appointing guardians for their children in the event of their death of incapacity, and a living parent may need the assistance of a guardian for a child who has special challenges, but it is not really the appropriate remedy in the situation you describe.
If you want to remove a child from an unfit parent, "nonparental custody" is the process you would use, and you can read about it here: http://www.washingtonlawhelp.org/resource/nonparental-custody-of-a-child-frequently-ask?ref=WVvP7
While it is possible to file such a case on your own, your best chance of success is with an attorney. It sounds like the mother may be on board and willing to join in your NPC petition, but you will also need to give notice to the father, which may pose difficulties in service if he is not currently in the picture. And if the mother does not want to cooperate, it is a difficult type of legal case to win, because unfitness is a high standard (it is not enough to show that you would provide a better home).
As for the suggestion of emancipation, that is only practical if your cousin is truly independent--if he needs someone to support him financially or assist in his daily affairs, he wouldn't qualify.See question
Now I want to file a notice to relocate with my children to eastern WA and I don't want my ex to know where I'm going. There is no trial judge now. The trial was in Kent. Can I just go in ex parte in Seattle? Or do I need to note a motion befo...
In order to get permission to relocate through ex parte without notice to your ex, you have to show that it would unreasonably risk your children's safety to disclose the information; you should really speak to an attorney, at least through a legal clinic if you are not able to actually hire one, to see if this option even applies to you. There are some self-help packets available, though, that will help you understand the process, for relocation generally and ex parte orders specifically:
If you do not meet the requirements for a notice waiver, your relocation case will be similar to your divorce case, in that you will get a case schedule and eventually go to trial if your ex objects and mediation is not successful.
If it is an administrative order(not filed with the court) am I allowed to petition the court for a modification or adjustment ? Which is appropriate? Modification or adjustment?
If your case qualifies for an adjustment or modification, you definitely have a right to petition the court rather than going through DCS, even if your previous order was entered through an administrative hearing. Whether you need an adjustment or modification depends on the facts of your case. If it has been a while since your order was entered and the parents' income has changed or the child has moved up to the older age category in the support table, and you just need to update the numbers, you are likely looking at an adjustment. If there has been a substantial change of circumstances and you need to change something major, like which parent pays support, adding postsecondary support, etc., then you would need a modification. You can read more about it here, http://www.washingtonlawhelp.org/resource/changing-your-child-support-court-order?ref=Sx6fU#_Toc342477533, but the best way to make sure you're filing the proper action is to consult an attorney.See question
No kids. Already live separately. Both working.
While everything seems amicable now, and I hope it stays that way, things can become contested very easily. Even if you could find an attorney who is willing to work with both of you (which is unlikely, as we are governed by rules of professional ethics that prohibit us from representing adverse parties), you could end up spending much more time and money if a conflict arises, because neither of you would be able to continue using that attorney and you would have to start from scratch. It is best to get independent counsel now--if it's truly amicable and all details are agreed, it shouldn't be too expensive.See question
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.
On just the facts given, it is highly unlikely that you would be required to pay spousal maintenance, but there is no guarantee about that, and other factors would be considered by the court if you do not reach a settlement. In short marriages (See question
I filed my notice of relocation on Nov. 25, 2014 and he filed an objection to relocation on Dec 22, 2014 without addressing the 26.09.520 factors. Then on Jan 12, 2015 he filed a supplemental declaration to cover the 11 factors which is 18 days af...
The 30 day deadline is for the objection, not the determination of facts. The outcome of a relocation action in King County will be decided at trial, and each party will be given the opportunity to testify and present other witnesses and evidence about the relevant factors. You may be familiar with the family law motions calendar, where the commissioners take sworn declarations into consideration as the basis for their decisions, but those types of declarations are not admissible at trial. Although you benefit from the presumption in favor of the primary residential parent being able to locate, it would be advisable to get some assistance from an attorney to make sure you are able to present your case effectively.See question
I have 3.5 years remaining for spousal support. The agreement in the decree was a 10 years of spousal support. For the first 4 years the decree stated in lieu of spousal support, my ex had to pay the mortgage of the house (which he did). At the ti...
Unfortunately, a non-modifiable maintenance clause in a separation agreement must be challenged before the trial court's approval and entry of the decree. (See In re Marriage of Hulsher, 143 Wn. App. 708.) Since your decree was already finalized years ago, it really is non-modifiable.See question