Larry Jerome Couture's Answers

Can an attorney just quit because of a gross error on his/her part? Can I sue for damages?

An attorney may withdraw from civil cases for any reasons, provided that nobody objects to the withdrawal. In your case the withdrawal is a completed thing. You are permitted to file a malpractice action against your former attorney if you have a basis to do so but your case has a lot of problems because of the nature of your possible damages. Until you can pinpoint the damages it would not be wise to start a lawsuit against the former attorney, especially since you have three years from the...

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Support Modification

No, support can only be raised by a Petition to Modify Support or by your agreement. Further, there are specific rules about raising support. For example, you cannot just ask that it be raised unless there has been a big change in circumstances. A large increase in your pay or her losing her job or something like that. It doesn't count if she quit her job and then asks for more money. Another reason might be that one of the children (or the only child) has turned 12 because you are...

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My son volunteered to talk to detectives regarding allegations he "patted his stepson on his bottom and front..should he have ?

This is primarily a criminal matter but has large overtones of family law. 1st, never talk to the police without a lawyer. If he cannot afford one tell him to shut up anyway. I have great respect for the police but they are not his friends, they are interested in buidlng a case against him and they will not help him. He can NEVER convince them he is innocent. Secondly, he should never offer anything. If he wants to take a lie detector he should talk to his lawyer first. My client's...

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Will a divorce trial go forward if only one party confirms the trial date?

Only one party has to confirm the trial date. However, merely confirming a trial date does not insure that you will go to trial, as you have already seen. Courts usually do no tlike continuances and if your trial has been continued three times there will have to be a really good reason to delay it again. Larry Couture

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What happens if my ex does not respond to a family law case in the 20 days but still shows up for court

If you filed more than 20 days ago, your husband lives in Washington and has not responded or appeared you can obtain a default order without further notice to him. However, if he has appeared, such as sending you a letter about the dissolution, gone to court about it, written a letter to the judge or the like, you have to give notice of your intent to take a default unless he files his response. Remember, you are still obligated to wait 90 days from filing and service of process before...

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Does Washington recognize common law marriage. at what point does your partner have the ability to gain rights to your assets?

Actually, Washington does not recognize common law marriage. Hence, you do not do the things that you would need to do in a divorce. For example, no alimony (spousal maintenance) and no attorney fees awarded. Washington does recognize committed intimate relationships (used to be meretricious relationships and may now be called something else, for that matter). In that context one could sue for a division of assets and debts and the court would be required to determine which property, if...

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WHAT AMOUNT OF SPOUSAL SUPPORT AM I ENTITLED TO CLAIM?

You should have an attorney help you because it sounds as if you are in over your head. Basically, if you have minor children you are entitled to child support. The amount is likely based upon your and your spouses combined incomes. California, as do all states, has the ability to establish their own system of support but I seem to recall that child support is based upon a combination of spouses incomes. If you do not work the court is entitled to impute income to you in a particular amount...

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Can temporary ordered child support be garnished?

You are obligated to pay support and maintenance and, yes, it can be obtained through such actions as garnishment. More likely, however, it will be sent to the Division of Child Support for the State who will take action against your pay by way of attachment. Further, when the dissolution is final there is a section in the Order of Child Support that deals with arrears in support, plus interest so you will not be able to wipe out the debt between the time the temporary orders were entered and...

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Can i legally go back to my maiden name?

You are always allowed to change your name, if you are not doing it for illegal reasons or in an attempt to avoid creditors. You handle that in District Court and it is not very expensive. Be sure, however, to consider other things. If you have children you will have a different name. Your children's name does not get changed with yours. You will still be required to make the needed changes to things like your driver's license, your bank accounts, retirement accounts and the like....

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Can you plead the 5th in civil court on questions I don't want to answer?

If your are being deposed you can refuse to answer the question until the court makes a decision on your obligation, subject to terms. Usually, you are not allowed to object to question in deposition. If you are in court you can object to the question on relevancy grounds and the judge will tell you whether or not you have to answer. You are obliged to follow the court's instructions. If you have received interrogatories you can object to the quesiton. You can also seek a protective...

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