We have a parenting plan that states my ex is supposed to take my daughter every other weekend and then also for 2 weeks in the summer and one week at winter break and one week at spring break. He has never taken her for more than 2 days and doesn...
Yes. There is a case -- called In re marriage of James -- where the court said contempt is a remedy against the person failing to exercise his/her time. If you end up having to hire a babysitter or care provider because the other parent did not show up, then those costs should be added to the contempt Judgment, along with your attorney fees.See question
I want to hire a divorce attorney. I found a list (somewhere) of the top ten questions to ask when interviewing attorneys. There were some very important info that could make a huge difference regarding who I hire.
I agree with Neal. Also, I have seen a few websites that gives a checklist of questions to ask, but it depends also on the area of law. I would add:
A. What are the likely results of my case? For example, in personal injury, we are often asked what the result will be. Be cautious of the "high baller" attorney who promises the sky. An experienced, successful attorney will perhaps give a broad range from similar past cases, but should reserve a prediction until his/her investigation is done.
B. Do I have a good case? For example, in a divorce, I get asked if someone has a good case. It depends on the area. If it's maintenance (aka "alimony") you are wondering about, the attorney should inquire more into the facts before giving a prediction, such as length of marriage, income comparison, lifestyle, etc...
C. Will my case, if your office takes it, go to trial? Here, ask the attorney about mediation versus trial. Ask the lawyer if he/she knows his/her percentage of cases that went to trial.See question
Child support set for 3 years. Father lost job. Wife claims to make less but does make more
Yes, you can file a modification of child support at any time so long as you have a substantial change of circumstances, which were out of control of the parent. In other words, there is no question that the father did not lose his job due to his own conduct or voluntarily. The father will have to show that he has made good faith efforts to mitigate his loss (i.e., find replacement employment). Expect resistance because the other side will likely complain about the request to reduce child support.See question
My Husband Abandoned me here in Seattle and moved to Boston. Is there an advantage as to who files first for the divorice and in which state the divorce is filed in first???? I.e. Boston vs Seattle????
It depends on what is at stake. If you have property or children here, then you'll want to file here. If it's a short-term marriage with no children, then it doesn't matter who files first or where.See question
I applied for citizenship thru naturalization [after 5 years on green card] last week. Can I apply for divorce at this time or do I need to wait until I am a citizen?
Yes. You can seek divorce at anytime as long as the marriage was not fraud in the first place.See question
Over a year ago, I had false allegations charges against me for DV. I was charged and sent to jail for a night. After a few months of postponing my court case, my Public Defendor advised me to take an SOC agreement. She told me since there was...
1 -2 days before the SOC expires, or when it says the 1 year is fulfilled, call the court and ask the clerk if you have to show up in person or if the case will be dismissed administratively. Don't say anything other than asking that question to the clerk on the phone. In fact, have an attorney call the clerk to ask this question. Some SOC's are handled with: (a) no court appearance and it's just an administrative look up versus (b) court appearance. If it's (b), I wouldn't trust you going to court alone. Get your attorney to go with you to do all the talking or hire a lawyer to go with you. If I were your attorney, then I'd likely say 4-5 words total and let the prosecutor do all of the talking. Less words are better. I'm confident that you will not be asked any questions, like, "we'll, let's go through these conditions and inquire whether you complied." In the meantime, I would abstain from drinking 100% until then.See question
I have a 16,13 and 10-year-old. Dad left over 20 months ago to UT. And is currently living with his girlfriend and their new baby in the basement of her parents house. And only has tried to visit them two times since he's been gone.So I have alre...
To avoid contempt, you should seek to establish a temporary parenting plan by filing a motion. If you have already filed a petition to modify the parenting plan (and he was personally served with all the paperwork), then file your motion for temporary orders. Yes, you could be facing a contempt motion for not following the old parenting plan, but I doubt he'd succeed because you have justifiable reasons for not following the old (and now stale) parenting plan.
As to the kids having a voice, this is a tough situation. One the one hand, you cannot submit child statements about what they voice to you because that is hearsay, but you can describe what you observe as to their behavior. Also, the court could appoint a guardian ad litem (GAL) or parenting investigator, who will likely interview the children and report their wishes to the court.
Did you file in King County? Kent or Seattle?See question
Can I count the money I spent on my daughter such as food, clothing and school supplies as part of the child support? Or do I actually have to make the payment?
You cannot count payments to third parties or for other things when child support is a transfer payment to the custodial parent, called the obligee (you are referred to as obligor in this scenario). The exception might include a written receipt from the obligee that the $____ spent in an exact amount is credited against child support, but I doubt any obligee would agree to sign for that. I had a father (obligor) once spend $1,000+ towards the child's school clothes and supplies after mother requested help and mother said it would be credited against his child support. Later, he was held in contempt for failure to pay and the court would not accept the "credit for other things."See question
If the child support agreement was for 3 kids in another state Chicago IL, and now only one child is under 18 and all parties in Washington State, the original payment was $165 per week for 3 kids, when the other two all turned 18, I have verbal a...
Were you married? If yes, she can't ask for retroactive support. She can only file and ask it for it to start now. If not ever married to each other, then there is a reach-back period of 5 years that she can ask for. I am answering under the assumption that there are no court papers already filed.See question
Hello and thank you for your time in answering my question. We, my two elementary school children now and I, are survivors of brutal domestic violence. We have permanent DVOP in place, renewed for the third time. The Father of the children has m...
Since his rights were NOT terminated, he can seek custody at anytime, but you need to name a replacement for you in your last Will and Testament, whereby such person should file a non-parental custody case to get custody.See question