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Jonathan Moffitt

Jonathan Moffitt’s Answers

382 total


  • Ex husband supposed to pay half of childcare tuition/ half the DSHS co-pay but hasn't paid any.

    Jonathan’s Answer

    Contact your case worker, explain the situation, and ask them to enforce the daycare and health care premium obligations. He or she should be able to get you the necessary paperwork. There is a chance that you may need to modify your child support order to get DCS to enforce, but try contacting your case worker first.

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  • How can I move my case from Contra Costa County, Ca to Thurston County, WA?

    Jonathan’s Answer

    You need to register your parenting plan in Thurston County and file a parenting plan modification there. It is unclear why child support was reserved, but family court should be able to establish a child support order regardless of the child support language in the CA order. I'd recommend you consult with a family law attorney to go over your CA orders and determine the best way to proceed here in Thurston County.

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  • Can I move after my divorce is final?

    Jonathan’s Answer

    You need to file and serve a notice of intent to relocate and see whether the other party timely objects. The forms are available here: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=6, but I would recommend you consult with a family law attorney to get advice on how best to proceed in light of your specific circumstances.

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  • My sons mother moved him and her out of Washington 4 years ago without my consent. Never went to court but want to now.

    Jonathan’s Answer

    You need to meet with a family law attorney. However, because your son has been in CA for 4 years, CA is likely the state that has jurisdiction over a parenting plan case.

    Without a parenting plan, she can continue to jerk you around with regard to contact with your son. You need to establish a parenting plan. Long distance parenting plans for kids in school often include lengthy visits during school breaks (Christmas, spring, and summer). Depending on how frequently she is moving, why, and the impact on your son, you may be able to get additional residential time.

    Ultimately, it is VERY unlikely that the court would make her move back after 4 years. The court is going to tell you that if you had concerns, you should have raised them when she moved, not 4 years later. Regardless, you need a parenting plan. The longer you go with minimal contact, the more difficult it will be for you to get substantial time with your son.

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  • In Wa state, how do I get the courts to terminate the noncustodial parent's custody?

    Jonathan’s Answer

    It sounds as though you might be the step father. Your spouse needs to file a petition to modify the parenting plan or you need to file a petition for adoption. Those are your only options for restricting/eliminating contact between the child and his father. It sounds as though they are quite a few facts here that need to be fleshed out. I'd recommend you meet with a family law attorney to discuss your options.

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  • Is there an attorney or lawyer in Olympia WA that specializes in QDRO's?

    Jonathan’s Answer

    I agree with prior counsel. There is no reason this should have taken more than a couple months, barring very unusual circumstances not identified in your question. You should probably find a new attorney and request a refund.

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  • My husband pays support can it change if I don't have a job?

    Jonathan’s Answer

    I agree with the prior attorney's answer. The only thing I would note is that the child support case will remain in WA so long as the parent receiving support or child remain here.

    If you and your husband have another child, you should request a modification based on that change in circumstances and request a whole family deviation to account for his obligation to support your child.

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  • IIf my husband has a domestic violence charge, will I get full custody?

    Jonathan’s Answer

    No, not automatically. The court will weigh the domestic violence conviction and history heavily (which is required by RCW 26.09.191), but the court will make its decision based on the best interest of the child, which includes consideration of a number of factors. These factors are listed in RCW 26.09.187 and RCW 26.09.197. I'd recommend you at least consult with an attorney regarding how to present your case with an emphasis on your husband's history of domestic violence and its impact on your child.

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  • Can my next door neighbors get a protection order on my husband?

    Jonathan’s Answer

    Your neighbor cannot obtain a domestic violence protection order against your husband, but s/he may be able to get an anti-harassment protection order if they can prove the statutory definition (http://app.leg.wa.gov/RCW/default.aspx?cite=10.14.020). I'd recommend your husband consult with an attorney to determine how best to proceed. Entry of an anti-harassment protection order could cause significant practical difficulties for him given their close proximity to your home.

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  • Is there a lawyer in Olympia that can help in a CPS petition case for my low income daughter?

    Jonathan’s Answer

    Contact Gary Preble. He is an aggressive and experienced parents' representation attorney in Olympia. 360.943.6960.

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