How can I defend myself against the allegation that I'm willfully underemployed?:
I've filed for a Child Support Modification in Wash. since I'm no longer making the $54K income I had as an Infantry Sergeant in the US Army. The $850/month order is often more than I bring in each month, and I've become homeless because even the lowest rents for a studio unit in Seattle are almost $1200/month.
My military combat arms training does not qualify me for any civilian jobs, let alone jobs that pay $27/hour. I was prohibited from reenlisting in the Army because I'm a transgender woman, and am ineligible to return to service under current military regulation. I used my GI Bill to attend college for a Bachelors in Commercial Photography but have had little success in finding work in that field. Many interviews have ended when the interviewer found my voice and face didn't match what they expected someone named "Bianca" would look/sound like. The best job I could get was Starbucks pulling espresso shots for $13/hour. I am working on getting a portrait photography service started but I need to invest in that business for it to be successful and generate income.
My ex wife's lawyer has filed for dismissal on the allegation that my underemployment is willful.
Brita’s answer: It sounds like you have good arguments that demonstrate you are no longer capable of earing $27. per hour. Make sure that you have documentation to support your claim that you can reenlist and that you have been searching for work. The court is not going to be concerned about how much rent is in Seattle. Nor is the court going to give you time to get a photography business going. The court will impute income to you, but based on what you have said may impute at much lower than $27 per hr. Make sure to know the local court rules, file things on time and confirm your hearing. Good luck to you and thank you for your service.
Denied mediation, whats next?: My ex and I share a 5 month old baby together. I up, took the baby, moved in with my parents which is in a new city an hour away. Due to the fact he was cheating on me. Its been a could of months and he has wanted to see the baby but has made statements he would not return him to me. He also is stating he could have me legally move back. I have been with holding visitation until a parent plan is in place. He has just denied mediation that I set up. What should i do next?
Brita’s answer: You need to file to establish a parenting plan and move the court for a temporary order. Absent some really good reason to withhold contact he has a right to be seeing the baby. You need to establish a temporary order so that there is no risk of him not returning the baby. You need to have an a good family law attorney helping you though as you are taking actions that could have consequences for you later on.
Can i completely terminate my exs court ordered child support obligation : Termination of court ordered child support
Brita’s answer: First I would recommend only paying attention to an attorney who is actually licensed in the state of WA as each state's laws are very different. The short answer is no, you cannot terminate child support as it is not your money. It is your child's money. The only exception to this is if your child was adopted by another person, i.e. a step-parent adoption. I don't know the facts of your situation, but many times people feel bullied into reducing child support. If this is the case, please don't fall victim to such intimidation. Your child has a right to child support and deserves the same.