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Celeste Evening Star Donnelly Miller

Celeste Miller’s Answers

26 total

  • Is a response to a motion to revise allowed? I cannot find anything under SCLCR that governs this.

    I am doing a motion to revise on a denied order. The respondent's attorney has submitted a memorandum of law and response to motion for revision. I cannot see anywhere in the Local court or WA state court rules that this is allowed. This is in ...

    Celeste’s Answer

    It is unclear in the rules. But it doesn't say a response cannot be submitted. So if they submit a response, you should do a reply. Also make sure that if they added anything that they didn't talk about at the original hearing or put into the original documents, that you ask the court to strike that information. A revision is supposed to be like the judge doing the same hearing over again and pretending the last one never happened. They cannot talk about anything that has happened since your hearing where the order was denied. Good luck.

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  • Can my ex boyfriend get my infant if I'm not an unfit mom?

    I have a 4 week old daughter who has resided with me since birth. Her father and I split up when I was almost five months pregnant. Since then he and I have argued and fought basically the entire time. We can to an agreement he would get her o...

    Celeste’s Answer

    You need legal advice specifically related to your situation, especially if you have a DV case from 2009. It sounds like you are pretty low income, so you should try to get advice from a legal clinic or from CLEAR, which is a legal aid hotline at http://nwjustice.org/get-legal-help.
    To get a temporary parenting plan before the trial, you need to do a motion for temporary orders. Your ex might be getting ready to do it already since he retained a lawyer. It can also set up temporary child support.
    Some lawyers will do what is called "limited legal services" where you would only pay for one or two hours and get advice from them, then you represent yourself. I strongly recommend that you call lawyers in your city and ask if they do that. It sounds like your case could be a tough one.

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  • I am unemployed & need to file an adjustment of child support. What can be adjusted on the worksheet? How long does it last?

    I am paying a large child support amount and need a reduction due to unemployment. I believe I need to file an adjustment not modification. I need a temporary reduction while unemployment, will the adjustment last through this period? Also what c...

    Celeste’s Answer

    Child support is based on your income and the other parent's income. So you need to prove what your new income is (probably the amount you get in unemployment pay). After that, the amount and child support and the percentage of expenses will automatically change based on your new income amount. Like the other lawyer said, the court will not allow a reduction in child support if you quit your job on purpose. If you were laid off or fired then you have a much better chance of getting the adjustment. You could ask the other parent if they will agree to a temporary adjustment until you get another job. If they agree you can do that paperwork together.
    The adjustment will last until it gets adjusted again, unless you put in the new child support order that it will be automatically adjusted again once you get a job.

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  • How do I get my furniture out

    X boyfriend put a protection order on me to get me out of his house. Went to court October 2, 2014 and judge is enforcing it till October 2015. I was able to go to the house on October 3,2014 for two hours to get my clothes and toiletries. My x an...

    Celeste’s Answer

    If you file a motion to clarify, make sure you ask in your motion for a civil standby. That means a police officer will go with you to the house while you get the furniture. You can ask the police to do this for you without a court order, but it's easier to get them to do it if a judge says you need one for a certain date.
    Basically you need to get permission from a judge/commissioner, in writing, before you can go to your ex-boyfriend's house and get the furniture.

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  • In the divorce I gave full custody to my x, and agreed to pay child support, however one of the children was removed from her

    In the divorce I gave full custody to my x, and agreed to pay child support, however one of the children was removed from her home at her request and is now being taken care of by my parents, in Puerto Rico. I sent child support for the children t...

    Celeste’s Answer

    The other attorneys are correct when they say you need to modify the child support order. Until it is modified, you have to keep paying the full amount, even though one child is not there. You should definitely talk to a family law attorney, especially one with experience representing active duty servicemembers, because there are laws about how your ex can serve you with the papers if she is taking you to court, and how you can get the court date changed if you are deployed. Those laws were made in order to protect active duty people from losing in court just because they can't get there.

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  • Possible Divorce Outcome

    I am planning to file for divorce. And here are the details, 1. I am the primary earner in the house. I make a gross pay of 150K. My wife is a SAHM 2. We have been married 12 years with a 7 and a 2 year old 3. We have...

    Celeste’s Answer

    There are a lot of factors. The general answer is anything that you bought while you were married, with money you made from working, is half yours and half hers. Also any debts that started during the marriage are half/half. That doesn't mean the judge will divide everything 50/50. Under the law, the judge gets to divide things justly and equitable. That could mean giving extra money to your wife so that she can go back to school and support herself after you get divorced. Or something like that. You also only have to go to trial if you don't agree on how to split things up. If you can both agree, you can file the divorce together. Both of you should definitely talk to a lawyer to make sure you understand the law and your rights. Also, child support will have to be paid, depending on who the kids will live with and how much time each parent gets with the kids.

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  • Me and my daughter ,14 yr old, lost court protection order from my husband on 3/22. what do I do ? Do I need a lawyer?

    I called 911,my husband abuse my daughter and my husband 3:00 am went in my daughter's bedroom, My daughter & I are living under CPS order at shelter from Feb. 22 till now. I requested a court order to protect my daughter and I , served to my...

    Celeste’s Answer

    It sounds like you need a lawyer. Especially if you want to get a new hearing for the protection order and if you want to get a divorce.
    I suggest calling CLEAR, the statewide legal aid hotline. Here is some info on that:

    >Call CLEAR
    Outside King County: Call 1-888-201-1014 weekdays from 9:10 a.m. until 12:25 p.m. CLEAR works with a language line to provide interpreters as needed at no cost to callers. If you are deaf or hard of hearing, please call 1-888-201-1014 using your preferred TTY or Video relay service.

    CLEAR will know about any places in Everett that may be able to help you, or they may be able to help you themselves. It depends on how much money you make or don't make. Also, since you may have domestic violence in your situation (either to you or your daughter) there may be more resources for you at the free legal help organizations.

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  • I want a quick, affordable divorce. given the circumstances of my marriage, i was advised to seek a lawyer. what can i get?

    during my marriage, i was abused badly. from physical to sexual and everything in between. due to my current financial situation, i cant afford a divorce. i know my state offers a do it yourself option, but given how badly my ex treated me, a clos...

    Celeste’s Answer

    You should call the Northwest Justice Project CLEAR line phone number. They are a statewide legal aid program. If they can't give you a free lawyer, they can give you the names and numbers of more nonprofits that may help someone in your situation. Especially with domestic violence in the marriage and a young child.
    There are other nonprofits in Seattle area called Sexual Violence Law Center, Eastside Legal Assistance Program, and Legal Voice, all three focus on helping people who are survivors of domestic violence. The CLEAR line should also know about resources in Bremerton for free legal aid. There is a Northwest Justice Project office there too, I believe, and you could try to get an appointment with them.

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  • I stayed home w/ our kids for 10 yrs. My husband makes 100k/yr. & has a lawyer, does he have to provide mine?

    My husband always provided financially while I tended to our children and the home front. I was recently served with dissolution of marriage and a parenting plan. He has taken our children from me because I am unable to financially support them, ,...

    Celeste’s Answer

    You should also call the CLEAR line (http://nwjustice.org/get-legal-help), which provides limited legal advice and may be able to refer you to a free family law attorney. There are different programs in King County such as the KCBA Family Law Program, the Eastside Legal Assistance Program, Legal Voice, etc. You never know - there might be a way to get representation even if you have no money at all.
    But as the other attorneys also said, the law allows for you (or your lawyer) to ask the judge to make your husband pay for your lawyer. If you hire a lawyer, you will have a much better chance of getting some financial help from your husband and getting to see your kids or change the custody situation.
    Good luck.

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  • Please see below...

    We have primary custody of my husbands 2 kids ages 6 and 10... Their biological mother has been charged with felony child abandonment of the kids when they were 3 and 5 charged in Mar 08' and is currently serving an 8 month sentence for felony pos...

    Celeste’s Answer

    Under the current parenting plan are the visits supposed to be supervised? Was the parenting plan created before she was charged with this crime?
    I recommend filing the modification of parenting plan before she gets out - a charge of felony child abandonment is very serious and the court will most likely allow you to change the visitation. They might require that the mom have some supervised visits so that she can see her children. You may also call CPS and ask for services for the mom, and they might start a case with her and do supervised visits, etc.
    It would be hard to get the court to deny any visitation to the mom however, since parental rights are constitutional rights. The only way her parental rights would be fully terminated would be through a CPS case.

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