Michael Evan Stowell's Answers

How do I "do discovery" for financial information/ modification of child support. Other party did not submit info with response

"Discovery" is the legal term for the process and procedures used for each party to get relevant information from the other party. Typically, lawyers will have the opposing party served with interrogatories and requests for production. These will have a 30 day time limit for a response. If the party does not respond on time then a motion to compel production has to be filed to require the party to come to court and explain why they have not responded. If the court is not satisfied that...

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Child Support in Washington State

Your responsibility to pay child support is based on your status as a father not on your emotional or other ties to the child. If you have acknowledged paternity or paternity has been legally established you will be be ordered to pay child support based on the Washington State Child Support Schedule, assuming the child is here in Washington. You should talk with an attorney in order to make sure that your obligation is calculated correctly or if necessary contest paternity.

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Wanting to take kids on Vacation, ex-wife is saying no

Your options depend on the specific language of the parenting plan. If your ex is not willing to be reasonable you may have to go to court or to dispute resolution. You should contact an attorney to look at the parenting plan. Your ex may respond to a letter from an attorney even if she won't discuss the matter directly with you. Whatever you decide you should act promptly because court proceedings or dispute resolution can take some time.

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How can I prove my ex-wife is now employed?

It is not clear from your question whether what you are paying her is maintenance or child support or some combination. Normally, the decree will order a specific term of maintenance with standard language that ends the obligation the sooner of the end of the term, the remarriage of the recipient or the death of either party. Sometimes there are other stated conditions that will end the obligation, e.g. employment, the completion of training or income above a certain level. The situation will...

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When did wa. state become a community property state? if I married b4 that law was past & I divorce do I still follow that law?

Actually, the first community property law in Washington dates from 1869 when Washington was still a territory. The legislature borrowed language from a California law and that law continued after Washington became a state. Washington has been a community property state since the state came into existence.

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I the court orders restitution who gets the restitution? Me or my Auto Insurance?

If the restitution is for damage covered by the policy it will go to the insurance company through a process called subrogation. Your policy most likely has a provision in it to cover this sort of situation. Subrogation means that the insurance company "steps into your shoes," that is, they are legally entitled to whatever would be due to you. Normally, a lawyer for the insurance company will contact you about this. You are probably contractually required to inform the insurance company...

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Dissolution of Domestic Partnership/Name Change

In family law actions it is common for people to be in situations where they are known by more than one name. Normally, you would petition as follows: Domestic Partnership Name nka Current Legal Name. "nka" stands for now known as.

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What is the current threshold (days/% of overnights) in Washington State in determining residential credit

Often the threshhold is considered to be 91 overnights. It is important to understand that residential credit is not mandatory, but within the discretion of the judge. That said, most judges will grant it unless the circumstances would result in reducing the support payment enough to cause a hardship in the household receiving support.

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What does

For legal purposes what you probably are referring to is called a "committed intimate relationship." This used to be called a meretricious relationship and is a situation where two people live together in an intimate relationship and accumulate assets together. It is considered a marital-like relationship and under Washington case law the courts have the power to divide the assets of the couple in an equitable or fair manner. You should consult an attorney to insure that your rights are...

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How long is a divorce settlement offer in writing good for?

An offer is only valid until it is rejected or expires by its terms, e.g. this offer is good until May 1. A counteroffer is considered a rejection of the original offer and so the offer is no longer good. Your attorney may have incorrectly assumed that you understood this and that is why he/she did not tell you sooner.

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