Philip Colin Tsai's Answers

Is an inheritance received by one spouse community property

Generally, inheritance to a spouse is characterized as that spouse's separate property, as opposed to community property. Although Washington is a community property state, inheritance is an exception to the community property presumption. If you do not want the inheritance to be characterized as community property, you will want to keep the funds segregated from your community property so it is not commingled. If you commingle your inheritance by depositing it into a community property...

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Under Washington state divorce law can I ask the judge to order that my husband leave the home and find another place to live?

If you file a divorce action, you can also file a motion for temporary relief. If you file a divorce action, you can ask the court to order your spouse to pay you spousal maintenance if the right factors apply. Generally speaking, spousal mainenance is based on need and ability to pay. The duration of your marrige is also a key factor. However, the Court may assist you for a period of time if you make the proper request. Spousal maintenance is discretionary with the Court. This means they...

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WA state divorce and legal separation laws, modifying final divorce decree, changing provisions in the separation agreement

If the COBRA payments are not enumerated in the separation contract, she should not be able to add or modify the agreement as long as it was fairly entered into. If the Court were to order payments made on her behalf in the form of COBRA payments, they should should also be characterized as spousal maintenance and the tax benefits to the payor should apply (spousal maitenance is tax deductible to reduce your overall taxable income). However, asking for something that is not within the four...

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Pay child support but mother won't let father see child.

Without stating the obvioius, he needs a parenting plan. I assume this is a paternity case, i.e. the father and mother were never married. If his name appears on the birth certificate and/or he has filed an acknowledgement of paternity, he can file a "Petition for Establishment of Parenting Plan". The forms are on the Washington State Court website. However, I strongly advise him to retain an attorney who is familiar with family law in the county where he resides. Once he has a parenting...

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Child support/visitation issues

I understand why you would not want to allow your daugther to go to a location that is not being disclosed to you. Absent some justifiable reason, it is not reasonable to expect that you would send your daughter to an unknown location. While I certainly understand your not wanting to get into a legal battle, sometimes it is necessary to establish a court ordered parentign plan and support order. Also, you can address the possible name change in the paternity action if you decide to file one.

Child support/visitation issues

I understand why you would not want to allow your daugther to go to a location that is not being disclosed to you. Absent some justifiable reason, it is not reasonable to expect that you would send your daughter to an unknown location. While I certainly understand your not wanting to get into a legal battle, sometimes it is necessary to establish a court ordered parentign plan and support order. Also, you can address the possible name change in the paternity action if you decide to file one.

Need help !!!!

If your daughter has a child with her boyfriend, she has the ability to submit a paternity action to obtain child support from the father and obtain a custody order. The custody order will determine whether she can leave the state. If there are no orders currently in place, the issue of whether she can leave the state is undetermined. However, if she decides to stay in California, she may want to contact the Department of Social and Health Services to determine if she can receive immediate...

Under WA state law is my ex wife required to remove my last name, can i legally make her remove it

No, you cannot force your ex-wife to change her name unless she chooses to do so. I have never heard of a situation where a Court forced a spouse to change their name at the request of another spouse.