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Margaret H. Brost
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Margaret Brost’s Answers

59 total


  • How do I prepare form ER 904? I am representing myself in my divorce and there is a mortgage and IRS debt we are battling with.

    I need to know how to prepare it and what title do I give it in the cause number box.

    Margaret’s Answer

    I agree that you need legal advice. But, that does not mean you have to hire a lawyer for your entire trial (which you probably cannot afford, hence drafting your own ER 904 documents). The first place you can start is with the court facilitator in your county. The courts are more and more making it possible for people to represent themselves. Good luck.

    Margaret Brost

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  • Ex been living with boyfriend for 3 years. I have been paying spousal Support for five years, one year left. is she married?

    Married 35 years..last 5 seperated, I payed all of her expenses and 2000 per month plus all outstanding cc debt $35,000.00 Then I filed for divorce! Got nothing for past 5 years!During the speration she bought a home without my knowledge (Liar L...

    Margaret’s Answer

    There is no way to answer your question without knowing what the Decree of Dissolution says and of course, in what state it was finalized. Generally, speaking whatever the words on the page say is what they mean. If you are obligated to pay and do not, you can be found in contempt and you can have a judgment entered against you.

    Margaret Brost

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  • Verbal Abuse

    Is it illegal for me to record a conversation with my ex as proof of verbal abuse?

    Margaret’s Answer

    It is indeed a crime. And, it can be serious. I know of someone who was actually prosecuted for doing this. The issue of "verbal abuse" sounds as if it is part of a much bigger picture. I would suggest that you consider a discussion with your attorney about how best to both protect your children and make strategic use of the bad behavior of your spouse.

    Margaret Brost

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  • Do you have to have an attorney for legal seperation/divorce?

    my hubby and i only are looking at divorce as an option to protect me and our daughters future potential assests from his child support.im an only grandchild/child and so of course also is our girl.when my parents pass i stand to inherate quite a ...

    Margaret’s Answer

    Although your inheritance will be characterized as separate property, that is NOT the end of the inquiry. ALL property, both community and separate, is before the court for an equitable distribution at the time of a divorce. Equitable means, "fair" as between the parties under the circumstances, and may not be "equal". You have a number of questions and issues that you should discuss with an attorney and get some advice.

    Margaret Brost

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  • My Grandchildren were placed in foster care. I was told if they go into a permanent foster home.

    I will loose my rights as a grandmother. No visitation. No phone calls. No pictures. Absolutely all contact will be lost. Because I live in Washington State and Grandparents have no rights once they have been placed permanently. How can I petition...

    Margaret’s Answer

    It is correct that you have no rights as a grandparent, regardless of whether mom and dad's parental rights are terminated. However, you may have rights as a "third party." This has nothing to do with your relationship (grandparent) and everything to do with neither parent being a suitable custodian and your having been a "big part of their lives" and perhaps becoming their legal custodian as in their "best interest." You need good legal advice from an experienced family law attorney who also has experience dealing with DCFS. The petition that should be filed is a Third Party Custody Petition.

    Margaret Brost

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  • Step siblings share a room boy/girl

    My fiancee and I can only afford a 3 bedroom. We take care of his 18 yr old disabled brother so he has to have his own room. My fiancees daughter is 3 and my son is 4. Can they share a room legally. I live in washington state

    Margaret’s Answer

    Neither the government of the United States or the state of Washington can dictate how you choose to share a home and raise your children. The potential danger is that the children will play "doctor" someday and the other parent will blow it up into something that the state sees as neglect or abuse. As long as you are doing a good job of parenting, I do not believe you have much to worrry about.

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  • How can I get a protection order dropped?

    My husband is being charged with inv assault 2 dv, felony harassment dv, indecent liberties, and assault 4 w/ sexual motivation. I'm wondering if it would be possible to get the protection order dropped or modified so we could at least go to couns...

    Margaret’s Answer

    Please re-read what your husband is being charged with again. Remind yourself that the charges are based on your husband's behavior and choices. Then, call a therapist who can help you sort out your issues from those of your husband. Once you are strong enough to be your own best friend, it might (this means maybe and is not a certainty) be possible for you and your husband to begin to talk with a professional about what each of you needs to do to make it possible to be together again.

    Margaret Brost

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  • Married in idaho, live in washington which state do I file for a divorce in?

    My husband and I got married May of 2011 in Idaho, and now are seperated, want to know which state to file divorce in. We live in Washington. Also we have a child on the way due November 2011. He works for his dad under the table and was going to ...

    Margaret’s Answer

    You should file in Washington because you both live here and likely conceived a child in this state. Before the court would even consider awarding maintenance, he would have to prove that he has a "need" and you have an "ability" to pay it. You need a good family attorney to give you some advice as to how to protect yourself and your baby.

    Margaret Brost

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  • Can I press charges of custodial interference and get my son back?

    I recently moved from Oregon to Washington. My son went to his fathers home in Oregon for visitation. My ex husband has enrolled my son in school there without my consent and is refusing to bring my son home. We have never needed a parenting pl...

    Margaret’s Answer

    The previous answer is a good one. I might add that the age of this child will make a difference, as will what the specific parenting arrangement had been until you moved. Generally courts will try to keep the status quo for children if at all possible. If your child is middle or high school age, his peer group and friends have become VERY important to him. The court will also consider the importance of those relationships to him when deciding with whom he should live. I too encourage you to get d good legal advice quickly.

    Margaret Brost

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  • Am I responsible for her student loans and credit card debt pre and post marriage? >3 yr marriage, now divorcing.

    55-60k in debt. 50% of that is student loans that were pulled prior to the marriage. Another 25% was student loans pulled post marriage for her education. In the divorce she is stating she pulled them to support the household. I worked and made en...

    Margaret’s Answer

    In any divorce, the court will allocate both the assets and the debts in a “just and equitable” manner. Generally, in a short marriage, the court will look to put the parties back in the financial circumstances that existed prior to the marriage. In your situation, it is unlikely that the court will require you to pay her pre-marriage obligations. However, both separate and community assets (and debts) are before the court. I recommend that you get good legal advice. For a couple of hundred dollars, the peace of mind will be worth it.

    Margaret Brost

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