Karen Christina Skantze’s Answers

Karen Christina Skantze

Everett Family Law Attorney.

Contributor Level 9
  1. Can I ask for drug testing on suspicion of drug use? Can I deny him visitations while filing for the order? Washington State

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Dave Hawkins
    2 lawyer answers

    It sounds as though there is a court-ordered parenting plan in this case, which means the court has continuing jurisdiction over parenting plan issues. The best practice is to file a petition to modify the parenting plan or file a motion (it depends on the stage of your case, which is not clear from your post), and ask the court to order the other party to take a drug test (hair follicle is better than a urine test for going back farther to track the use of drugs) and to request supervised...

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  2. My Daughter was taken on "field trip" during supervised visit without my premission. Who do I file complaint with?

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Dave Hawkins
    3. David Talbert Huber
    3 lawyer answers

    In addition to my colleagues' answer, you may want to file a Motion for Clarifation or a Motion to Modify the Temporary Order with the goal of requesting that the court either clarify that supervised visits at a facility does not include off-site field trips or request that this restriction be added to the order based on your concerns and confirmation that an off-site field trip did take place. Of course, to the extent that confirmation that the field trip took place only comes from your...

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  3. I'm getting divorced but am pregnant by another man. My husband filed it with the courts. Can we still get divorced now?

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Dave Hawkins
    3. Frances Turean
    3 lawyer answers

    The divorce case can remain active and does not need to be dismissed, but finalizing the case will depend on a paternity test that reveals that your soon-to-be ex is not the biological father. Because you are pregnant but still married to your soon-to-be ex, he is the presumed father with rights and obligations to the child. This is why your ex and his attorney want to wait until the birth of the child and genetic testing. Now, you can do genetic tests in utero to determine paternity that...

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  4. Can my new husband's income be calculated into child support if I am a stay at home mom and his wage is triple my ex's?

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Dave Hawkins
    3. John Stocks
    3 lawyer answers

    Basic child support is based on the parents’ incomes. I would add that if your ex asked for a deviation under one of the allowable bases' (see RCW 26.19.075 ) and the court finds that an allowable reason to deviate exists under the facts presented to it, it is more likely than not that the court would deviate given that your current husband's income is three time higher than your ex-husband's income and given that a deviation would not likely create an undue hardship for you or the child....

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  5. Allimony payments were set when I was currently working and now have to retire out on disability. Can my payments be changed?

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Richard Paul Patrick
    2 lawyer answers

    Non-modifiable maintenance can be made by agreement of the parties in a separation contract (RCW 26.09.070(7)), but not by a trial court. In re Marriage of Short, 125 Wn.2d 865, 876, 890 P.2d 12 (1995). However, the distinction in the Short case later clarified by the appellate court’s decisions in In re Marriage of Glass, 67 Wn. App. 378, 390, 835 P.2d 1054 (1992) and In re Marriage of Hulsher, 143 Wn. App. 708, 716, 180 P.3d 199 (2008) is that (1) an agreement creating non-modifiable...

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  6. If two parenting plans are different and motion made to establish what is process

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Barbara Peyton
    3. Karen Christina Skantze
    3 lawyer answers

    It sounds as though each party has filed a motion with the court to ask the court to establish a temporary parenting plan while the divorce (based on your reference to the term spouse) case is pending. If so, then each party proposes a parenting plan and writes a declaration in support of the parenting plan that they have proposed. Often the party attaches exhibits to their declaration or files records under seal to corroborate/verify the allegations made against the other party in the...

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  7. Is my child entitled to back child suuport?

    Answered over 1 year ago.

    1. Karen Christina Skantze
    1 lawyer answer

    Without seeing the documents you refer to and on the basis of the information you provided in your post, the child's father did not terminate his parental rights through an adoption proceedings, so he is still obligated to pay child support, which is owed to the child for that child’s basic support, and is still responsible for the arrears balance that has been increasing over the years due to his non-payment, which belong to the parent that is to receive the child support payment, not the...

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  8. What law in Washington State defines custodial/non-custodial parent and why is the NCP obligated to make the transfer payment?

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Glenn E. Tanner
    3. Dave Hawkins
    3 lawyer answers

    Non-custodial parent is a term that is not defined. You will find it nowhere in RCW 26.09.004 (definitions) or RCW 26.19.011 (definitions). The non-custodial parent is usually the person with fewer overnights than the other parent, and by extension that parent is considered the obligor parent for child support purposes with the obligation to remit the transfer payment. In joint custody arrangements, a lot depends on how the parenting plan under the provision titled custodial designation is...

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  9. Before a divorce. Can having your wife find employement greatly help your position for lower spousal support?

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Glenn E. Tanner
    3. Dave Hawkins
    3 lawyer answers

    Are the temporary orders entered in your case having to do with spousal maintenance? Did the Order, if there was one, include a requirement that your soon-to-be ex secure employment or document her efforts during the pendency of the case to find employment? If not, have you sent out discovery, asking those questions and requesting documentation about her attempts to secure employment? Is there a trial date? Some of the facts you mention are relevant in that they suggest she has the ability...

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  10. My wife and I are separated. In Washington state can I get a legal separation that is just financial only.

    Answered over 1 year ago.

    1. Karen Christina Skantze
    2. Dave Hawkins
    3. Joseph Torri
    3 lawyer answers

    A legal separation will protect you financially, but when children are involved parenting plan and child support are still aspects of the case to be decided. As my colleague stated, it is identical to divorce, except the court does not pronounce the marriage defunct or the parties divorced at the end. You can convert a legal separation into a divorce after 6 months, which provides a longer cooling off period and sometimes this is helpful so the parties have enough time to decide the ultimate...

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