Matthew R Walker's Answers

How far can homeowner go?

The answer is it depends upon the situation. If they are simply at your door yelling at you, then no, you may not assualt them to remove them from your property. If they are assualting you then you are allowed to utilize an appropriate level of force to defend yourself. (ie if they push you and run at you again then you can restrain them but YOU CANNOT hit them with a bat). The best way to deal with this situation is to simply shut the door. If they refuse to leave then call the non-emergency...

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Preperation for Parenting Plan court hearing

As much as I want to give you great advice your question really doesn't provide enough information. Having the GAL recommendation favor your position is helpful 99% of the time. However, not knowing what the "allegations" are or what it is you are trying to obtain in a court order makes this question difficult to answer. I can tell you how I have prepared for well over (wait I don't want to think about that number because it will depress me) court hearings. The first thing you should do is re-...

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Help in Washington state??

That is a broad question. There are a good number of good family law, child custody attorneys in Everett. Each one varies in their personal style and price. I would suggest you pick up the phone book and call at least five. See how you are treated by the receptionist, ask how much their hourly rate is, ask how much money they usually take up front, and ask if you will be dealing with the lawyer or a paralegal. Write down the responses in a notebook and then make an appointment with the law firm...

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If damage was done to an apartment where the accused lived but was not on the lease can charges still be filed?

The quick answer is yes, malicious mischief charges can be filed. A charging decision is made by the Island County Prosecutor misdemeanors and felonies. The fact your boyfriend kicked the door in could be charged as malicious mischief. The fact the door was fixed at no cost to the owner of the apartment is a possible mitigating circumstance. A good attorney or a public defender with a decent brain can hopefully use the fact the door has been fixed as a way to get the charges dropped or reduced...

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Adequate cause to relocate from WA to NY?

First, we need to get you using the right vocabulary. Adequate cause is a determination made when you want to modify the parenting plan. You are looking to relocate the child, which may mean a modification and may not mean a modification of the parenting plan. If you look at your parenting plan you will notice a section entitled "Relocation". This portion explains that you need to give the other parent notice of the move. There are standard forms of this notice at www.courts.wa.gov . The other...

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Ex husband ruining my credit

You Decree of Dissolution will govern what can possibly happen next. If the Decree of Dissolution states your husband was to pay or be responsible for the debt AND the box was checked to hold harmless for any collection actions then you very well could take him back to court and get a Judgment against him for the amount you had to pay to satisfy the debt. It is tough to give you exact advice without seeing the decree. On the flip side the credit application that named you and your husband...

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I am on the receiving end of child support. What is child support suppose to cover?

A lot of the answer depends on when your prior order of support was entered. Child support can be adjusted for change of incomes every two years by motion to the court (some counties require arbitration). Either party may request an adjustment after two years. The court will look at updated income information specifcially the last 2 years tax returns and last 6 months of paystubs. Even though your job is temporary the arbitrator or court will likely consider this amount to be your income. As...

CAN I GO BACK TO COURT TO PROVE DOCUMENTS WERE FORGED FOR CHILD CUSTODY AND SUPPORT?

Generally you will have to hire an expert to give an opinion as to the forgery of the documents based upon a signature comparison. If you are alleging he manufactured or altered documents then you would need to obtain the original documents and a declaration of records custodian regarding authenticity of the documents you are presenting as opposed to the documents he presented. You have 10 days to reconsider the ruling the judge made. If it was a temporary order then you can move for a new...

Can my ex do this?

Wow, I am sorry to hear you are still having so much tension with your ex-husband. A motion for contempt needs to be about a violation of a specific court order. The court order that would dictate visitation and your child is the Parenting Plan that was entered. You will need to refer to a specific provision in the parenting plan he has violated by reading your e-mails to your daughter. Unfortunately there is likely no contempt that will be granted if he is simply being a jerk. In fact, the...

What do I need to file in court to have my name removed from a phone account.

I am sorry your ex-spouse is being so difficult. The Divorce Decree would control the rights and responsibilities between your self and your ex-spouse. If the Decree states she is to be responsible for the utility bills then you may be able to file a post trial motion to have her ordered to remove your name. If the Decree is silent, meaning it doesn't say anything, as to who should pay the utility bills then you likely can't push the issue through the enforcing the divorce decree. HOWEVER, if...