Meredith McKell Graff's Answers

What is the penalty for non payment of child support amounting to over $100,000?

First, you need to find the child support order that was entered by the court that contains the authority to assess you this large sum of past due child support. Are you aware of this order? Did you sign it or have an attorney sign it on your behalf? Or, was it entered by the court without your knowledge? First talk to an Ohio attorney because it sounds like the original order was entered in Ohio. That attorney may be able to make payment arrangements for you with the child support...

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If a man is not married to the mother of his child but he is paying support, what are his legal rights to visitation?

You have no rights to parenting time because you have no parenting plan. If you want parenting time (visitation), you will have to petition the court for a parenting plan. Paying child support is not related to the parenting plan, in that, paying child support does not give you rights to visitation. You need a court order. She is able to dictate when you see the child because you have not pursued your legal rights. You need to do so ASAP!

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Servicemembers Civil Relief Act Statement on Petition to Modify Parenting Plan

Check the box that this does not apply and you will be fine!

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Currently separated, not legally. Relocating to 2 different states. Will legal separation in WA make divorce difficult later?

If you get a legal separation in WA, six months from the date the court signs the order of legal separation (no waiting period, by the way), either of you can move the court to convert the legal separation to a divorce. If you agree, neither of you have to go to court, if you have an attorney assist you. There is no new filing fee to convert the legal separation to a divorce. If all the terms of your divorce are in the legal separation, the only thing left for the court to do is enter the...

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My ex personally "serves" court docs to me, but gets her relatives to FALSLY sign Return of Service form.... what can I do?

Write a sworn declaration about all these instances. You can get the form at www.courts.wa.gov. It will be with the family law forms under "All Family Law Cases." It does not have to be notarized. That said, the court may only slap her on the wrist because you got "actual," if not "legal" notice of the hearings. Further, you only need to be personally served with a petition that starts a case and motions for an ex parte restraining orders and order to show cause. You do not have to be "...

Just b4 the pre trial hearing,

I am sure it is very hard to hear from the other side after over a year of legal drama (and perhaps high legal costs, if you have an attorney, also), that her new attorney wants to try to come to an amicable ending, either negotiated or mediated, when you have asked for this all along and were shut down. As an attorney who tries to resolve conflict peacefully whenever possible, I find myself in your spouse's new attorney's shoes quite often. The other side, the person in your situation, is...

Does he still owe me child support.

Call the Department of Social and Health Services-Child Support Division. The phone number is in the blue state government pages in your phone book or online. They can tell you if there is an outstanding amount owed to you by the other party. If there is, you will need to talk to an attorney about how to go about getting a court judgment against the other party and then how to enforce the judgment once you get it.

Custody

It is not likely to happen unless her parents consent to "nonparental custody," that is, custody by a non-parent. The person wanting to be the nonparental custodian will have to prove to the court that both parents are unfit. If your friend just doesn't like the rules in her parents' house, does not mean they are unfit. If her home situation is dangerous to her, she should call Child Protective Services and they will take it from there. When your friend is sixteen, if she is able to keep up...

Is the court approved parenting plan altered if the primary care giving parent allows the child to live with the other parent?

You have allowed your son to live with the non-residential parent by your consent. The longer your son is with her, the better her case becomes if she decides to ask the court to modify the parenting plan, based on "integration in the non-residential parent's household by consent of the residential parent." Given your son's age, I am sure he has an opinion, but as the named residential parent, you are eroding your legal rights the longer your son is living in your ex-wife's home.

What are the chances this would be accepted?

The fact that you had a restraining order against him for two months over a year ago doesn't help much unless he is currently dangerous to the baby. Has he threatened you or the baby recently? How is he unstable? Has he been diagnosed with a mental illness? These are questions the court will want to know to restrict his parenting time. Generally, the court is going to order very short, and frequent visits for a newborn, no matter what. It is not likely the court will give him every other...