Paul Lanan Battan’s Answers

Paul Lanan Battan

Tumwater Divorce / Separation Lawyer.

Contributor Level 9
  1. Can I file a QDRO after my divorce has been filed and/or completed in Washington State?

    Answered over 2 years ago.

    1. Paul Lanan Battan
    2. Richard Paul Patrick
    2 lawyer answers

    You can request a QDRO now to implement the division of a pension that is described in the decree. If the decree awarded the entire pension to your husband, you cannot seek to divide it now. On the other hand, if the decree is silent about the pension - if it is not mentioned - you might be able to seek the division of it now and ask that it be divided with a QDRO. Obviously, the language used in the decree very much affects the answer to your question.

    6 lawyers agreed with this answer

  2. I live in Washington and my husband lives in California, Can I file here in Washington for a uncontested divorce?

    Answered 5 months ago.

    1. Paul Lanan Battan
    2. James Thomas Saulsbury
    3. Thuong-Tri Nguyen
    4. Deborah B Josephson
    4 lawyer answers

    Yes, you can file in Washington because you are a resident of Washington. You will find this reference in the first paragraph of RCW 26.09.030, a copy of which is attached. If other issues were involved and if your spouse had no contact with Washington, and if your spouse would not consent to Washington jurisdiction, there would be an issue with the court's jurisdiction over your spouse and those other issues. But if there is nothing at issue other than the status of your marriage, which...

    5 lawyers agreed with this answer

  3. What is a reasonable long distance parenting plan?

    Answered almost 3 years ago.

    1. Michael A. Aronoff
    2. Paul Lanan Battan
    3. Joshua A Pops
    3 lawyer answers

    The simplest answer is that the court ordered parenting plan controls the situation. Both parents are obligated to follow it unless and until it is changed. If your ex-wife wants to change it, she is obligated to ask that you go to mediation with her to discuss it before filing a modification case in court - and you are obligated to go. Of course, you could request mediation, too. I have attached link to the Thurston Country Dispute Resolution Center. They do an excellent job mediating...

    4 lawyers agreed with this answer

  4. Tax returns and supporting documents required annually under 3.16 of child support order. Does that include spouse's info?

    Answered 5 months ago.

    1. Paul Lanan Battan
    2. Deborah B Josephson
    2 lawyer answers

    What you want is reasonable and consistent with the law. This is, in part, what the Washington child support statute says about financial disclosure: RCW 26.19.071 Standards for determination of income. (1) Consideration of all income. All income and resources of each parent's household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. Only the income of the parents of the children whose support is at issue shall be...

    Selected as best answer

  5. Can a settlement from a car accident be garnished for past due child support? If not, should it be used as income for support?

    Answered about 1 year ago.

    1. Paul Lanan Battan
    2. Bruce Clement
    3. Jay W. Neff
    3 lawyer answers

    Yes, a settlement like that can be garnished to collect child support arrears. The question of whether the settlement should be used as "income" for the purpose of calculating child support is less clear. Attached is a link to the statute that defines what is and what is not income. A settlement like this is not clearly in either category. Unless the other parent is disabled and unable to work, a court should impute income to him or her since you say he or she is voluntarily unemployed. The...

    Selected as best answer

  6. Can I send a petition and summons to modify child support via certified mail or only through

    Answered 5 months ago.

    1. Paul Lanan Battan
    2. Deborah B Josephson
    2 lawyer answers

    Service can be personal service or by certified mail if the petition is to modify a Washington order of child support. If he has an attorney, it would be best to send it to the attorney, too, but regular mail is sufficient. RCW 26.09.125(2)(a) addresses service of a petition to modify. It says: "The petitioner shall serve upon the other party the summons, a copy of the petition, and the worksheets in the form prescribed by the administrator for the courts. If the modification proceeding is...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What happens if you are not served with custody paperwork and do not know you have a court date?

    Answered over 2 years ago.

    1. Paul Lanan Battan
    2. Dave Hawkins
    2 lawyer answers

    Be sure that your current address is in the court file. If it has changed, send a notice to the court file that it has changed. Ask the court clerk about how to do this. If this information is current, I would not worry. A person who seeks to give notice by publication must get authority for that from the court, and that requires a showing that you cannot be found to be served by more reliable methods. Thurston County courts are careful about notice and would be very unlikely to allow...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How can I remove my ex husband from property we own together?

    Answered 12 months ago.

    1. Paul Lanan Battan
    2. Bruce Clement
    3. Elizabeth Rankin Powell
    3 lawyer answers

    In Washington there is a very helpful statute, RCW 6.28, that allows the court to appoint a special commissioner to convey real estate. This can be used in family law cases, post-divorce, when one of the parties ought to sign a deed to sell or transfer an interest in real estate but is unwilling or unavailable to do so.

    3 lawyers agreed with this answer

  9. Need a court order to put my dad on my birth certificate. I have a court admissable DNA test. I have no clue where to start.

    Answered about 1 year ago.

    1. Paul Lanan Battan
    1 lawyer answer

    I believe you will find the answer to your question in this article on the King County Public Health website.

    3 lawyers agreed with this answer

  10. Is there any statute or law in Washington that states how long a family law case can be open? I have a hearing for temporary ord

    Answered over 1 year ago.

    1. Paul Lanan Battan
    2. Elizabeth Rankin Powell
    3. J. Thomas Smith Ph.D.
    3 lawyer answers

    There is no Washington law that states how long a family law case can be open. There are, however, advisory case processing guidelines which do seek to have most family law cases finished in about a year. And there is a court rule, Civil Rule 41 a link to which is attached, that directs court clerks to dismiss cases that have been inactive for a year. However, if a status report is filed explaining why the case has not been active, or if some action is taken in the case, it will not be dismissed.

    3 lawyers agreed with this answer

Please visit our website and call or email for an initial consultation.

360-754-3901