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Kristina Thalacker’s Answers

5 total

  • Is my husbands salary his until put in a joint accnt or am i entitled to any of it.

    getting ready to file divorce and husband has drained bank account indicating his money is his and i can't legally access it until he puts it in a joint account. i've been a stay at home mom for 6 years.

    Kristina’s Answer

    In Washington, income earned by either party during the marriage is community property. There is a presumption that community property will be divided 50/50.

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  • Rights of a non-custodial divorced Father when both parents agree to deviate from parenting plan. Is she in contempt of court?

    Parenting plan grants me Tues/Weds (my days off) w/ my daughter 10 yoa. My days off changed to Sat/Sun. I wouldn't be able to pick her up before 6pm & then get her back @ 7. The mom finally agreed to a Fri-Sat overnight schedule & it's been that w...

    Kristina’s Answer

    I would file a motion for contempt for failure to follow the parenting plan. In your declaration, I would state that your days were changed by agreement and that you two followed the new schedule for however long. You will also want to state how the mother has kept you from the child or otherwise failed to follow the plan. Remember, you need to get an order to show cause signed and have the mother personally served with the motion and the order.

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  • Is child support mandatory?

    Is it mandatory that someone pay child support if both parents make nearly the exact same amount of money? Neither of us wants to pay or receive child support. Also, suppose the judge does require one of us to pay child support...does it automat...

    Kristina’s Answer

    First, the child support order can be written so that payment is made directly to the other parent instead of through the State. This is not the preferred way because there is no one keeping track of the payments. But it is easy enough to choose that option.

    Second, it is mandatory that the parents pay child support. Even parents who are not working have an obligation to pay support. Saying that, there are ways to get the amount lowered. The court will grant a deviation under certain circumstances. If you have access to the Washington State forms, look at the child support order. It will give you an idea of ways you can lower the child support amount.

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  • Divorce

    how long does it take for a divorce to be final

    Kristina’s Answer

    It depends on your state.

    To find a family law attorney in your area, try the local county bar association. They often have a lawyer referral service. These are attorneys who offer a low cost initial consultation.

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  • Child custody

    If I want my son in my custody, will her sleeping around with 7 people and using drugs and all her friends using drugs going to help me show that she is unfit to have him?

    Kristina’s Answer

    If you can prove that she is exposing your child to these things, then I think a court is going to take a very hard look at the mother's home. You should be prepared to show that your home is stable, that you are available to care for your son's needs, and that you have taken an active role in your son's life in the past. The courts like stability for children. They are likely to leave the child where he is unless you can show a really good reason why he should be moved and that your home is clearly a better environment. Good luck.

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