Carolyn Annette Elsey’s Answers

Carolyn Annette Elsey

Bonney Lake Family Law Attorney.

Contributor Level 15
  1. Can you be legally separted and still live together

    Answered about 5 years ago.

    1. Carolyn Annette Elsey
    2. Thuong-Tri Nguyen
    2 lawyer answers

    Absolutely okay! Just because people realize their marriage isn't working out doesn't mean they aren't getting along. Some people are better friends than spouses. The court will not take into consideration that you two are living together. In fact, in this economy, it makes a lot of sense to do so. Congrats on being able to work together.

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  2. Respondent served restraining order-Petitioner allows respondent to stay in home-what becomes of restraining order?

    Answered over 5 years ago.

    1. Carolyn Annette Elsey
    2. Thuong-Tri Nguyen
    2 lawyer answers

    I disagree with the prior answer. This is a really common situation in family law. The parties' actions don't cancel out the court order. But the Respondent is NOT going to get criminal sanctions or be held in contempt. I have represented plenty of people in the Respondent's same situation. When the Petitioner invites a violation, they lose a lot of credibility as a "victim." Respondent, however, isn't too bright to stay with Petitioner as Petitioner can easily call the police...

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  3. I am am studying law at novous on line law school. I was told, I could not paractice as a lawyer in washington state because

    Answered over 5 years ago.

    1. Carolyn Annette Elsey
    2. Jonathan H Levy
    2 lawyer answers

    Since your path to the bar exam is so uncommon, you will probably have some degree of difficulty finding someone willing to have you intern (working for free sounds great but you'll be adding to their malpractice insurance costs too). I would suggest that you take an ad in the Washington State Bar Association Journal, the King County Bar Association, and attend KCBA CLEs as a networking option. Also, if you have a specific passion see if there is a section of the WSBA so you can contact those...

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  4. Abusive use of conflict

    Answered about 5 years ago.

    1. Carolyn Annette Elsey
    2. Forrest Lee Wagner
    2 lawyer answers

    There's no list or definition of what constitutes "abusive use of conflict," but it is worth noting that the statute helps a little with the rest of that provision: "The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development;" So anything done or said by the parent that "creates the danger of serious damage to the child's psychological development" would qualify. Obviously it could be something said or done. Talking to a...

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  5. Can my ex wife make my new wife pay child support?

    Answered over 5 years ago.

    1. Carolyn Annette Elsey
    1 lawyer answer

    A court is allowed to take into consideration a new spouse's income, but your ex can't have the court actually make the new spouse pay child support. It's not the new spouse's child. The fact that your new spouse has a really good income matters only if you are 1) working very little because you can afford not to work much and/or 2) claiming really high personal expenses which you clearly wouldn't incur or pay if not for the well-to-do spouse. If your income is the same as it's always...

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  6. Is Washington a joint custody state?

    Answered over 5 years ago.

    1. Carolyn Annette Elsey
    1 lawyer answer

    Like many states there is a preference for the child to spend as much time with each parent as possible, but because of traveling distances it's not always possible. It also depends on whether the children are school age. If they aren't old enough for school, you could have the children one week with you, one week with the other parent. If they are school age, someone will have to provide transportation to and from school during their time, not to mention transportation for any after-...

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  7. What court has jurisdiction to enforce payment of medical support?

    Answered over 5 years ago.

    1. Carolyn Annette Elsey
    2. Jamie Danielson
    2 lawyer answers

    I agree with the prior answer that Kansas probably has jurisdiction. I would go further and suggest that you contact an experienced family law attorney in Kansas to review the matter. You may be able to have a court examine and perhaps reduce the amount of money you should pay. I'm not licensed to practice in KS, but the legal idea of "laches" may apply. In the simplest terms, she may have waited too late to com after you for that money. One of the fundamental concepts in law is "you...

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  8. How to calculate support with shared physical custody of two kids.

    Answered over 5 years ago.

    1. Carolyn Annette Elsey
    2. Peter William Mogren
    3. Forrest Lee Wagner
    3 lawyer answers

    The easiest way to figure out how much, if any, child support would be paid would be for you to go to the County-City Building Law Library (it's in the first floor) and they have a computer program that's free for you to use (except you pay for any pages you actually print). It's called SupportCalc. You can plug in the incomes and other factors specifically for your case and see what comes up. It has a specific option to calculate based on how many overnights a parent has. Very very...

    1 lawyer agreed with this answer

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  9. What is the average amount of child support of one child age five in the State of Washington?

    Answered over 5 years ago.

    1. Carolyn Annette Elsey
    1 lawyer answer

    It's really hard to tell you what would be average because child support is based on incomes. So average for one family is insanely high or ridiculously low for another. Below is a link to the WA Child Support Calculator. Also I have linked the WA Child Support Schedule which has all of the amounts for all incomes. If this is the only kid he supports, then you look at the "One Child Family." If the child is less than 12 years old, you use the amounts from Column A of One Child Family. The...

    4 people marked this answer as helpful

  10. What do you do when your lawyer hired 3 months ago doesn’t seem to be doing what he is supposed to? Should I give him a deadli

    Answered over 5 years ago.

    1. Kenneth Lewis Swenson
    2. Carolyn Annette Elsey
    3. Ronald Anthony Sarno
    3 lawyer answers

    If you give him a deadline, remember that all your calls, letters, etc., will apply against your retainer. If this guy is a fantastic lawyer who just isn't super-organized then spend the money to keep him focused. If this is just someone you thought could get the job done, then cut your losses now. Fire him and use what money is left over to hire someone else. You could file a bar complaint (I've provided a link below) but I don't know really what they would do. Sound like the guy bit...

    7 people marked this answer as helpful