I have a child support modification case. I’m in WA and she live in new Orleans and trying to server paper to the other party but she is refusing to give me the new address. Can I just send to the address on the court order? I do know that her m...
It sounds as though the case is already open, and that she may have already appeared in the action. If she filed the original Petition, or if she filed a Response, then she is required to keep that address updated and that address listed is the address that you would have another person over the age of 18 mail further documents to. Then have that person complete a Certificate of Mailing. As a good practice tip, send one copy first class mail and another copy by a method that provides deliver confirmation (Priority Mail, certified mail even without a return receipt, You would not need a court order for service by mail, unless the document was something that had to be personally served, but do have someone else mail it who then completes a certificate of mailing for you to file.
Whether or not she has provided the court with an address she is required to keep updated, she is likely required to keep her address updated with the Division of Child Support. Review your last final order of child support for that portion of the order. You can request her address directly from the Division of Child Support, and unless there is a protection order or some other disqualifying reason then the Division of Child Support will provide you with the most current address that they have for her. Visit this site for DCS forms: http://www.dshs.wa.gov/dcs/Resources/Forms.aspSee question
For the first 6 years of the child's life there was no court ordered child support, he always paid something, but never court ordered. There is a court order now, the judge said to come back with proper documentation if we wanted to address back s...
It's true, as has been mentioned, that you can SEEK child support in a paternity action for five years prior to your petition, but that doesn't necessarily mean it will be awarded to you. Caselaw in Washington states that if you want reimbursement for support of a child in a child support action (and back support is a reimbursement to you for money that you spent to support the child), then you have to give someone notice. For example, if you have a child and fail to notify the father that you had his child and that you expect him to pay support, then you have to give him notice of that and you can't just come back in a few years and surprise him. In the same way, you may or may not win on an argument for back support if you have a child and you accept support informally and then ask the court to award back support. It's an equitable argument, and the judge has discretion (which is to say, the judge will be allowed to make a fair judgment). The judge may order an offset against back support for the amounts that he's paid. The judge may not offset if there is insufficient documentation, and could award you the full amount of back support allowed. The judge may order no back support after considering all of the evidence, and including after observing your attitude and demeanor in the courtroom and in the pleadings (which is to say that, if you act like you want him to be punished, and if he acts like a guy who wants to do his part and just wants things to be fair, then judge may lean in his favor because he may appear more credible in his story). So the question can be asked to the judge, but the best course would likely be to be prepared to make a fair argument in consideration of the actual circumstances so that you can maximize whatever amount the court might be willing to award.See question
its hard to imagine however my step mom is the abusive husband if you will, sorry dont mean to be sexist. my daddy is terminally ill and every day she tortures him cuts a day of his life. she plays with mind and emotions so bad and has hit him sho...
It is very unclear where the legal action is (Washington? California?). You can help him find an attorney in the county of the legal action by searching this website by state/county/area of law. You can make the initial contact but the attorney will need to speak with your father. He should show up to the hearing and ask for a continuance for a chance to hire an attorney and time to respond to the action. He should be saving all communications from her and printing them out (a screen shot on a smartphone can be emailed to oneself for printing). He will likely need financial support from family members for his legal assistance at least initially, if she has tied up the money. He should not fail to appear at the hearing regardless of his status of legal representation, because the order will likely be issued against him if he fails to show up. If he cannot make it to the hearing because of the distance (as from one state to another) then he should at least try to call in. If he misses the hearing somehow, he will definitely need to get legal counsel on board as soon as possible after that to try to vacate the order.See question
I am a sophomore in high school ( 10-14-1997 ) and I really like my friend who is a senior and just turned 18 ( 12-6-95) is it illegal for us to date even though we are under two years apart and still in high school? We have no plans of sex, I ha...
I agree with the above answers, and especially the idea of keeping yourself out of settings/activities that lead to sexual interactions. However, an additional caution to consider is the practice of "sexting." I understand your intentions in your purity ring. However, if you do find that you've changed the rules for yourself please keep in mind that the age of consent for sexual interaction does not mean "anything goes" by way of communication. Sexually explicit communication, whether written/typed or depicted in pictures, is still illegal with a minor. There are of course other reasons to avoid that activity, such as the humiliation ensuing from re-sharing of photos and communications after the breakup, but it is actually illegal as well. And please, talk to trusted adults and mentors about all of these issues, and find some accountability partners to help you keep your commitment to yourself and to your future partner.See question
In a few months, my ex spouse will be eligible to request a modification through the state of WA to modify our support order for our kids. I am certain she will pursue the modification. I am making more and one of my kids is now over 12. I know th...
Your Financial Declaration would be one way to show your overwhelming obligations. But, you will also need evidence for the court, discussed in greater detail below.
If you can show that part of your income was increased for a brief period of time for a specific purpose, you could argue to exclude that income for purposes of the support calculation. You'd need to show that your income history of the past two years doesn't reflect that income as recurring (such as overtime you may have earned that is nonrecurring).
If you have extraordinary debt that was not voluntarily incurred, you could ask for a deviation in your support obligation to relieve some of that burden. Keep in mind that credit card debt is not generally incurred involuntarily, unless it was incurred for medical bills or some other involuntary expense.
You will want to ensure that all of your deductions from income are properly accounted for, and if you are paying for healthcare then make sure you provide evidence (a rate sheet) of the child's premium amount from your insurer (your paystub showing payment is not enough, because it won't show all the math for how to calculate ho much is for the child only).
If the children spend a significant amount of time in your home, you may be able to get a deviation or residential credit.
If you have only included income that should be counted, and if you have deducted allowable deductions from income and have added any credits such as healthcare premium, then compare the total child support obligation for you in a new order to the total child support obligation for you in the prior order. If the difference is 30% or more, and if you can show the court (by your Financial Declaration) that the increase will cause significant hardship for you, then be sure to request a Incremental Increase (half of the increase would happen upon entry of the order, and then six months later you'd be paying the full amount).
See RCW 26.09 and 26.19, generally. But pay attention to 26.19.075 and 26.09.170(c).
If she has an attorney, or if neither of you have an attorney but can't come to a reasonable agreement, then you really should hire a lawyer to navigate this sea for you. If you do go it alone, keep in mind that you are expected to educate yourself to act as your own attorney ("I don't know" will not be an excuse. You should at least attempt to find an attorney who may be willing to be paid just for a consult and review of your documents, but if you can hire someone for the case then you should.See question
Child lives with myself and my husband we have never had a parenting plan with the bio-father, no visitation but his wages are garnished for support. There are no phone calls or anything for almost 2 years. We may be planning a move across the cou...
I'm imagining that if you have a child support order, even administratively without court involvement, then somewhere along the line a determination of custody was made. Best practice would be to comply with the Relocation statutes even if you aren't sure whether the requirement applies to you or not.
Fill out an Address Disclosure Request through DCS here: http://www.dshs.wa.gov/dcs/resources/forms.asp.
The form you need is this one: 18-701, 18-701sp(Spanish) Request for Income Information for Purposes of Entering a Child Support Order. You can use this form to ask the Division of Child Support (DCS) for income information about the other party to your child support order.
After filling out the Notice of Intended Relocation form and serving him (by a process server or certified mail or other method), the law requires that you get an ex parte order allowing the move if you plan to move less than 30 days after serving him (during the time period allowed for the objection). These are the forms that you'd need for that request: WPF DRPSCU 07.0800 Motion/Declaration for an Ex Parte Order Allowing Change of Children’s Principal Residence (Relocation) (MTAF) Download the Word version of this form. Download the PDF version of this form. 06/2006
WPF DRPSCU 07.0830 Ex Parte Order Re: Change of Children’s Principal Residence (Relocation) (ORDYMT or ORGRRE) Download the Word version of this form. Download the PDF version of this form. 06/2006
The website for forms is here: http://www.courts.wa.gov/forms/?fa=forms.static&staticID=14
If he poses a threat to your child, then you may need to ask for the notice requirement to be waived. But be careful, if it is determined by the court later that you made misleading allegations, it will be worse for you in the future than if you just made best efforts to locate him as required. These are the forms you'd need for that: WPF DRPSCU 07.0550 Motion/Declaration for Ex Parte Order to Waive Requirements for Notice of Intended Relocation of Children (MTAF) Download the Word version of this form. Download the PDF version of this form. 06/2006
WPF DRPSCU 07.0555 Ex Parte Order Waiving Notice Requirements for Relocation of Children (ORWVRQR) Download the Word version of this form. Download the PDF version of this form. 06/2006
Having said all of that, I do not recommend that you do this on your own. The forms are available online as templates because this is often one of the most difficult areas of law with many changing factors, and so we start with a template which we tailor to each situation. If your ex hasn't seen your child in two years, he may not be successful if he objects to the Relocation. But, if he argues successfully that you concealed the child from him and that he was not given adequate notice, then the children could be ordered back even if you've already moved. If you get an attorney on board from the outset, you can hopefully avoid some of the pitfalls of missing a step while representing yourself.See question
I live in spokane,wa and work for wells fargo bank. I am moving for a better job within the company and am trying to move to seattle. I dont yet have residence but should this weekend. I also am not able to give 60 days notice because I wasn't sur...
In Washington state you must give 60 days' notice unless you did not know about the relocation in time to give 60 days' notice, and then you must give notice within 5 days of learning of the move. So you need to give notice within 5 days of accepting the new position. This is done using the mandatory forms at http://www.courts.wa.gov/forms/?fa=forms.static&staticID=14, but you should hire an attorney who has litigated relocation actions on both sides, so that you can cover all of the issues as well as possible.
If you are the custodial parent, then the statute says the following: "There is a rebuttable presumption that the intended relocation of the child will be permitted. A person entitled to object to the intended relocation of the child may rebut the presumption by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person, based upon the following factors. The factors listed in this section are not weighted." RCW 26.09.520.
The eleven factors are as follows:
"(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;
(2) Prior agreements of the parties;
(3) Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;
(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;
(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;
(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;
(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;
(8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;
(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;
(10) The financial impact and logistics of the relocation or its prevention; and
(11) For a temporary order, the amount of time before a final decision can be made at trial."
Again, the factors are not weighted, meaning that no one factor is more important than another, and it's a balancing test (you simply need a majority of the factors to be weighted in your favor). However, each of the factors is fact-intensive, with many facts of your lives contributing to the decision for each individual factor. Relocation actions are often hotly contested. And again, you will likely want to hire an attorney experienced in litigating the issue of relocation to represent you through the process.See question
The restriction says any female, this is a temp order, was brought on by lies from the other party (The ex wife and jealousy/anger) but the restriction says, "The father shall not have females present in fathers home or otherwise present during hi...
If the matter was heard by a court commissioner rather than by a judge then you may bring a motion for revision to have the matter heard by a judge, as was previously suggested, but you must bring that motion within 10 days. You may file a motion for reconsideration within 10 days whether the matter was heard by a commissioner or by a judge. You must abide by the order until it is changed. A change in circumstances may be a basis for a motion to change a temporary order, and you should consult an attorney as to whether or not your move into the home of a female roommate would be a change in circumstance that was not contemplated under the prior temporary order. If you are seeing your son as much as possible in other locations, even if more difficult, that will go to show the effort that you are making because you care about your son more than the rest of your personal life. You may want to at least seek clarification of the order so that grandma and aunt can visit, if that is an issue. Over time that issue may resolve itself, as you show that your son is your priority and as your ex moves on with her own friends, and you may be able to agree to modify the temporary order before trial.See question
No. And please do not put yourself in that situation intentionally. To be emancipated you have to show the court that you are responsible and able to provide for yourself. The teen years can be tough, and perhaps counseling can help your family through this time. If your family situation is difficult enough that you are desperate for relief, please reach out to another adult who can be trusted, before you get yourself into an even more difficult situation. Talk to a school counselor, a family friend, an agency for teenagers at risk, or even the juvenile court. You have another 60 years of life to live by your choices that you make now, and there are people out there who can help you. If you do find yourself pregnant, you will need even more support as will your child. Find people who have become successes in their own lives and seek mentoring early and often.See question
I was in court with my friend and her husband trying to get a restraining order removed. The pros atty kept bashing my friends husband with proofless statements. My friend asked the pros atty to stop and asked the judge to make the pros atty stop...
No, that is not bias. Our court system is very bogged down with the same people coming back with the same types of problems. Every time the police get called and every time the same people are back in court with the same issues, it costs money. One way to try to stop wasting a lot of court time (and taxpayer money) on the same issues with the same people is to issue a restraining order (or a no contact order) to simply keep those people away from each other. Without education (classes) for better communication, and without counseling for relationship issues, and without classes/counseling for better coping skills, the problems often do repeat themselves. The judge was simply speaking to that issue.See question