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John Groseclose’s Answers

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  • What kind of attorney do I need?

    My ex is ordered to pay me a specific debt per our divorce decree but refuses to pay. Unfortunately my attempts to work something out between us has not been successful and I am out of alternatives to taking the issue to court. I've been given dif...

    John’s Answer

    Most decrees contain a hold harmless provision. You can file a motion in the dissolution case and have the court enforce the order. You can also be compensated if you have been paying on the debt or have been harmed by her lack of payment on the debt. You need an experienced family law attorney.

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  • Does a parenting plan need to be changed in my local state?

    My children live with me the majority of the year. There is a 50/50 parenting plan my ex-husband threatens to take me to court to change the amount of child support that has already been put in place. The original parenting plan was created in Mis...

    John’s Answer

    Missouri would maintain exclusive and continuing jurisdiction under the UCCJEA. When both parents move out of the original state - and the children reside somewhere else for a period of 6 consecutive months, it would be possible to file a petition for modification in their state. You would register the original order in Washington and go through that process and file a petition for modification. You could file a motion in the original state at the same time to ask that state to decline jurisdiction.

    Step one would be to get a certified copy of the orders from Missouri and register them in Washington. You should schedule an appointment with a family law facilitator at the courthouse to review your paperwork prior to filing.

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  • I pay child support to my ex husband. I filed a modification. He filed a counter petition. He had attorney. I did not. He got

    he child support amount raised to an erroneous $700 a month. I in fact had mandatory case law that it should have been terminated. But in a court that favors the attorney you know how that goes. DCS told me they would work with me and not garnish ...

    John’s Answer

    DCS enforces the child support order. You indicated that a child support order was entered and then on revision it was changed. You cannot characterize the first child support order as fraud. I also do not understand if you were successful at revision in getting the order reduced to $50.00 a month - what the appeal issue would be as $50.00 a month is the minimum you can have an order set for a minor child. If the appeal was about the termination, that you would want to describe the facts related to that for comment.

    What ability the department has to issue a garnishment is contained in the child support order. It could be the order that you were modifying. The department frequent works with people to collect less than the amount owed. That does not mean that you owe less.

    If you feel that the state has violated your rights you could file a claim form and assert your reasons for that belief and how you have been damaged. You could also do a motion to clarify a child support order provision if you think the department is interpreting it incorrectly.

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  • I rented to 4 men & have had 2 unauthorized girlfriends occupants in my rental for 7 weeks now. What form would I post for this?

    I approached the People that signed the initial rental agreement & they were given a 2 week period to have guests but they have been here from May 25, 2015 until today July 6, 2015. The lease states any extra person has to pay $100.00 a month & a ...

    John’s Answer

    I would suggest that you consult with an attorney for 30 minutes to have the lease reviewed. A written lease is very important and the answers to your questions could be impacted by the lease. I also cannot tell whether you wish to move toward removing the tenants because of the extra people or whether you are trying to enforce the provisions about the extra funds.

    A 10 day notice to comply with the provisions of the lease is a possibility. Take care to comply with RCW 59.12.040, It might also be possible to do a 3 day notice to compel the payment of the extra money. If you did that - you would strategically be glazing over the written consent issue, however, that is more a strategic decision.

    You can in fact define visitor in a future lease. I am not sure that I would define it as you have suggested, but, there are lots of options.

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  • Bankruptcy help

    I am being sued on the 10th due to be sued for a car repossessed. I am filing for bankruptcy. Do I still need to show up to court? Can they garnish me if I don't file in time?

    John’s Answer

    Always show up. That way you will not be confused and will know what actually happens. You may wish to show up and ask for a continuance to hire an attorney. Getting more time might make you able to file for BK prior to getting a judgment entered. It generally is better to file BK prior to the entry of a judgment. So, maybe try to fast track your BK.

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  • Can you audio and video tape without permission WA.?

    my land partner is audio and video taping our guests and my family.there is no notice of such action or signs informing .he also is video taping only our neighbors but not audio I am not sure the purpose for these recordings.

    John’s Answer

    He is allowed to videotape. It could constitute harassment or stalking depending on the circumstances. Not being sure why they wish to tape is a significant factor. Sometimes why - can be improper. Also, sometimes it makes a difference where you are standing. For instance - a video camera that is mounted on a home that captures a portion of the neighboring property - is that different than a video camera on a tripod in the living room aimed at the bedroom window of a neighbor. There are countless examples.

    This website gives you a broad idea of some of the issues that are present in various states, including Washington. Another common problem is people move here from outside of Washington and confuse WA law with the state they are from.

    http://www.rcfp.org/reporters-recording-guide/state-state-guide/washington

    You indicate that it is your LAND partner. This implies that you might be part of the problem ie.. liability if it comes to light. Generally speaking - being sneaky does not get people rewarded and exposes them to potential liability.

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  • Tenant/roomie removed me from home with TOFP 6/23. Mon to Mon con. End june 30. TOFP show cause July 7. Can I return IF ........

    Order for protection clearly states she gets sole ownership of property. I cannot contact in person or 3rd party. My sublet contract notice of over 20 days was given. Owner stops by today to see if she left as she said she would. Key is where he r...

    John’s Answer

    No. You cannot return. If the court order excludes you from an address - it excludes you. No one has the ability to modify the order - except the court. Should you enter the premises you would be potentially charges.

    Prosecutors have a great deal of discretion. It is possible that you would not be charges. However, that is not something you should bank on. You should obey the order and do not put your civil liberty in jeopardy.

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  • Do I have to pay for supervised visitations?

    I havent seen my son in two years. If I ever get visitaion I'm assuming it'd be supervised for a while. Is it true that I'd have to pay each visit?

    John’s Answer

    That is very fact driven. The cure for not seeing a child for a period of time - is to see the child. Depending on the age of the child, their relationship with you and what the risk factors are for your particular case the judge has to make a decision. It might start off with you being supervised/monitored by the other parent or a grandparent or a mutual friend. It might start off with professional supervision or therapeutic intervention. How ever it starts out - if you exercise visitation on a regular basis and are not doing stupid stuff at the visitation - it should expand over time.

    Make your application for visitation sooner rather than later. The longer you go the more difficult it will be. Getting a 30 minute appointment with a local attorney to discuss your particular facts would give you a better idea of what to emphasize to the commissioner.

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  • I am breaking my lease - can my landlord demand the penalty up front? If the apt rents right away, do I get partial refund?

    I am breaking lease after less than one month to get out of what is a completely unlivable apartment situation. Management company states that I have not given official (dated) notice until I pay the penalty in full (two month's rent). So, if I ...

    John’s Answer

    You are making it sound as if the reason for breaking the lease is the 15 maintenance items. If that is the case, you may have better recourse and should consider speaking with an attorney about getting you out of the lease without penalty.

    The attorney is going to want to read the lease and see the move in checklist.
    The attorney will want to see the written notices.

    I would recommend an appointment with Elizabeth Powell. She is up I-5 from you. It might be worth a $250.00 consultation to get two months rent.

    GENERALLY - and I mean without reading your lease - the landlord could have a penalty of 2 months rent in the lease. This is a liquidated damages clause. You would not typically be entitled to a refund even if the apartment re-rented.

    You are brand new in the is place and saying it is unlivable - I highly recommend that you seek the advice of a landlord/tenant attorney to review your lease and the facts and fight for a good remendy.

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  • WA State public defenders. How many clients does a P.D. usually have?

    I have been charged with a very serious crime Vehicular Assault. I do appreciate a free lawyer. I really really do. but I've signed 5 continuances so far, and asked my lawyer yesterday if he's read the discovery yet, because I had a question abou...

    John’s Answer

    The case load is not likely the problem. You may wish to schedule regular appointment with the attorney to go over the discovery. Discuss the issues. It is possible that you do not have much in the way of defenses at all. Sometimes the PD has a boss that supervises them. If you do not feel like your questions are being answered - you could perhaps discuss it with a supervisor.

    Your feeling that the attorney does not know about your case is likely bad communication between the attorney and you. Not that they are not aware of the issues and working on a resolution to the case. The attorney will attempt to figure out if your case is defensible (trial) or if it should not go to trial. The attorney presents options and opinions to you to make decisions. As you indicated, it is your life. Sometimes, there are delays in the process. Maybe a lab result has not been obtained or something. There can be a lot of behind the scenes discussions between attorneys that is not in the courtroom. In our office, most of the negotiation is done at the office and not at a courtroom. The hearings are discussed before and counsel both have an understanding of what will happen at most hearings (like a continuance). Some hearings are very important. Those hearings may have a judge making a decision about the evidence. Those typically occur within a few months of the actual trial.

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