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Zeshan Q Khan ESQ's Answers
- 31 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Is my wife entitled to a portion of my restricted stock units that have not vested yet in Washinton State?
I'm not exactly sure what "restricted stock units" are, but generally speaking, part of your unvested stocks (and the like) can be your wife's property. The legal theory is called the "time rule". Basically, if the stocks vest for your work to be performed *after* your separation, your wife would be entitled to the amount of those stocks for your work performed *up to* the the date of separation. If you have multiple vest dates (again for stocks earned for work performed during the marriage),...
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2
Attorney answers:
Child custody
Mr. Brinkmeier is right, details of such negotiations are forbidden from mention during trial. Odds are the judge automatically won't take such matter into consideration once s/he knows that these discussions were part of negotiations. So make sure to mention that fact if your soon-to-be ex brings it up. A "motion in limine" is where you ask the judge to avoid mention of a particular item/detail during the trial. If you have an attorney, s/he should make that motion automatically. If you...
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3
Attorney answers:
Where can I obtain Discovery Request forms?
Actually, in Washington the King County Bar Association has released a set of pattern interrogatories and requests for admission (i.e., discovery requests) for family law. The link is: http://www.kcba.org/4lawyers/faminterrog.aspx I should note a few caveats though. First, these are highly detailed and likely exceed the scope of what you need them for. Second, these may not address the needs for which you need them. So I'd strongly recommend first consulting with an attorney (...
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3
Attorney answers:
Can my ex-wife put in her will that her new husband gets custody of our daughter if she dies
There are a lot of variables that would go into properly answering your question, but the short (and likely) answer is "no", your ex cannot do that. But that would depend on factors such as whether you still retain parental rights over your daughter (and/or whether your ex's husband has adopted your daughter), whether you posed a danger to your daughter, or that it would otherwise be in the best interest of your daughter to not be with you. If we assume that you're a fit parent and still have...
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3
Attorney answers:
Confused about what happens if have 2nd mortgage in a foreclosure.
Mr. Foster's response is generally thoughtful and right, but I recall that Congress recently passed a law whereby debt forgiveness for a primary residence may not be a taxable event. I believe it was The Mortgage Forgiveness Debt Relief Act of 2007. Not being a tax attorney, I'm afraid I can't provide more substantive advice, but I'd recommend looking at the IRS website, looking up the statute I named on Google, or best yet, talk to a tax attorney to assess the consequences. In any event,...
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3
Attorney answers:
I will most certainly be filing for chap 7 in april. I am not keeping my house and am moving out at the end of february.
Historically, Sears and Dell, through their credit cards, have provisions in their credit agreements indicating that they have liens on whatever items you buy at their stores with their card. What this means is that much like a car payment or mortgage, they may have a "secured interest" to these items. If that's not the case, there's no need to notify these potential creditors at all before you file. If it is the case (and I imagine it is), and you're OK with letting these items go, you...
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2
Attorney answers:
I have a parenting plan but my mature 12 year old does not want to visit his father. Does he have to go?
There's very little to add to Ms. Powell's answer, as it's thoughtful and thorough. But I often parallel this situation to taking a younger child to the dentist. He or she may not want to go, but that doesn't mean it's not in the child's best interest. Courts view a child's relationship with both parents as being in the child's best interest (as long as each parent doesn't present a threat to the well-being of a child). Likewise, each parent is expected to affirmatively act on behalf of...
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3
Attorney answers:
My commonlaw claimed I hit her . And now she has temporary custody, she lied and I was never charged what can I do
While the previous two answers are correct, it also sounds like you have questions about what to do after the temporary orders. First, you can ask the court (through Family Court Services) to conduct an investigation as to the alleged abuse. Courts routinely find abuse if there's sufficient evidence to find such. But even, if what you write is true, there isn't such evidence, courts will err on the side of caution for temporary orders. The consequences of ruling differently are too great to...
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2
Attorney answers:
Spousal support
Mr. Alexander's answer is correct. You could argue that no financial circumstances have changed between the previous financial declaration (presumably in the court record) and the current motion/hearing. And while that *may* be OK, if the other side objects, or if the court isn't OK with that (the judge's working copies that are review prior to a hearing don't generally include all documents that have been previously submitted), the hearing will get continued, or a judge/commissioner might...
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2
Attorney answers:
I dont think my wife the petitioner serving me Divorce papers is legal can this be held against me concerning the 20 days?
Mr. Hill's answer above is correct, but I just wanted to add a comment or two. From your question, it appears that you're also asking whether you need to respond to the initial divorce papers (the summons and petition) within 20 days, even if she served you "incorrectly". And the answer is probably yes. Mr. Hill is right in suggesting that the easiest way to respond is to file a "Notice of Appearance". That will stop your wife from getting a default against you without you at least being...
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