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Yale Lewis III

Yale Lewis’s Answers

317 total

  • Visitation

    In 2013 my ex got full custody of our kid. I wasn't aware there was a hearing, or a "battle". I did some bad things in my day, drugs, theft, jail... I am sober now. I haven't seen my kid since the beginning of 2013, and I am the mom. I tried, but ...

    Yale’s Answer

    I would need to read the court order before giving definitive advice. However, it sounds like you have 2 hours of supervised visitation on Mother's Day right now. Once you go through treatment, you have the option of re-evaluating the visitation.
    Again, I would need to read the order before offering a definitive opinion on what it means. Regardless, I encourage you to obtain the treatment.

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  • Should I sign the plan before the hearing at ex parte or should I try to fight at the next hearing that we can leave the state?

    The father of my 2 small children walked out on us in August and left us nothing. The YWCA for domestic violence was going to pay my rent for 1 year during the recovery of my spinal surgery. The YWCA ran out of funding and can't pay anymore. Our p...

    Yale’s Answer

    I agree with your lawyer. Sign and enter the "good" plan now. Then file the notice of intent to relocate later. This will accomplish two things for you. 1) It will provide you with a legal structure now, while you are living here, and 2) It will make the Relocation Act work in your favor by establishing you as the primary custodial parent and therefore the presumption that the relocation will be granted.
    However, I don't understand how you can simply sign the "good" plan and have it entered. You can only enter a plan ex parte by agreement. It doesn't sound like your ex has agreed.

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  • Do we follow our current signed temp PP when we have a Judge's ruling but no final signed PP based on the ruling?

    My parenting plan and case are in Washington, King County. I moved in summer 2015 out of state and we got a temporary parenting plan while we waited for a trial to decide the final parenting plan. This is a high conflict divorce from 2013- very ...

    Yale’s Answer

    The current temp. order is the law of the case and needs to be followed until superseded by a new order. However, I don't understand the hold-up. Your lawyer should have drafted a proposed parenting plan before the hearing. It should have been modified based on the judge's order, within a few days, and then presented on five days notice.

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  • How do i avoid paying my runaway child's medical expenses if he is a minor.

    My son is 17 years old. He continues to run away from home. If he fails to find a car to break in or if he is unable to steal food he goes to the hospital my wife works at and he says he is suicidal. They send him to Fairfax for days until he feel...

    Yale’s Answer

    Since he is still a minor, you can get him involuntarily committed to a hospital / in-patient treatment program. i presume it would be covered under Obamacare.
    It seems like you have one last chance to get him help. After he turns 18, getting him invol. committed will be far more difficult.

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  • When a child turns 18 are the arrears owed to the child now adult or the custodial parent?

    Question is about child support arrears.

    Yale’s Answer

    Technically, support is due to the parent, for the benefit of the child, before they turn 18 and to the parent, for his/her own benefit, afterwards. The idea is that the money is for the child before 18 and the parent is a fiduciary / trustee and is required to spend the money on the child's behalf. After 18, the parent has spent her own money for the benefit of the child, in lieu of the child support, so he/she has a right of reimbursement.
    note that if the party receiving child support was on welfare, the welfare agency has a right of reimbursement against any child support arrears.

    wards. The theory is that even if the parent didn't re

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  • It's been almost a year and she hasn't cooperated. Is there any action I should take or be prepared to take?

    My ex-wife and I signed a settlement agreement that specifies a few specific things in May 2015: 1. My ex will pay me $10,000 by June 25th, 2016 (she is living in our mutually-owned home, which increased in value during our marriage). 2. My ex...

    Yale’s Answer

    • Selected as best answer

    As the other attorneys have said, you can't use contempt to collect a judgment unless it is related to family support. The obligations here are related to property, not family support, so no contempt. However, you do have other remedies, as follows:
    $10k. You can certainly use the whole panoply of collections options to go after the $10,000. Sounds like the $10,000 is not in the form of a judgment. Therefore, reduce to judgment then collect after June 25, 2016.
    All exp. related to house. If she hasn't paid, file a motion to enforce.
    re-fi house. file a motion to enforce
    all exp. relate to car. If she hasn't paid, file a motion to enforce
    re fi car. file a motion to enforce
    the order on motion to enforce needs specific remedies for each problem and specific deadlines. e.g. if she doesn't re-fi the house within 4 months, the house must be sold or give to husband. if she doesn't re-fi or pay off the car within 4 mos., the car must be returned to leasor, etc.

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  • Will I have to pay for a nanny? Is a nanny considered "daycare"? Or is that included in my child support already?

    For the past 8 years, I've been self-employed, so I've provided child care to my two children, while my wife was at work during the week, 8am to 6pm. Since our divorce, I've continued to provide that schedule as our official parental plan, i.e. ta...

    Yale’s Answer

    At least two issues:
    1. Relocation. If you have a parenting plan, and she is the primary custodial parent, then she has to give you notice of intent to relocate. You should object, and file the objection to the relocation / petition to modify parenting plan. File a petition to modify child support at the same time.
    2. Nanny. The statute provides that work-related daycare will be allocated based on each parties' proportional share of combined income, as determined by the child support worksheet. The daycare costs should be reasonable. Find a licensed, well recommended, and convenient daycare in her area. If that price is less than the cost of the nanny, the court would prob. use that price instead of the nanny price. The nanny price is prob. going to be sig. higher than the daycare price.

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  • What kind of rights do i have as a minor in a tribal custody agreement?

    My 11 year old brother and I are currently under the care of our Grandparents in Utah. We lived here with our dad, under and emergency custody order signed by our mom, since November of 2015. The agreement says that if my dad was to fall ill, whic...

    Yale’s Answer

    The first question you need to answer is whether you are enrolled or eligible for enrollment in a federally recognized Indian tribe. If the answer is yes, then jurisdiction to answer that question is in that tribal court, and the state court where you are living, and the state court the issued the original order. However, the preference, at least in Washington, is the tribal court, so the state will prob. transfer jurisdix to the tribe if requested. Once you know what jurisdix you are in, you will know what law to apply. Your question cannot be answered until you know what set of laws you are dealing with.

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  • How to ask for revision of judge's ruling in family case?

    My motion to reconsider judge's ruling was denied. I wonder which judge will review other judge ruling.

    Yale’s Answer

    There are three methods of "appealing" a family law decision in King County.
    1. Revision. If the original decision was by a commissioner on the family law motions calendar, you can ask the assigned trial judge to revise. Window: 10 days.
    2. Reconsider. You can ask a commissioner or a judge to reconsider. Window: 10 days
    3. Appeal. You can appeal a final order to the Court of Appeals. Window: 30 days
    Each procedure has its own set of rules, you need to find them and read them carefully.

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  • As a non-custodial parent can I get a restraining order against an adult I don't want spending time with my minor child?

    My daughter is 14 and has befriended a former roommate of mine, a woman in her thirties. I don't like this woman's influence on my daughter, I'm not sure she's in any immediate danger with her but prefer not to have that door open. She's immature,...

    Yale’s Answer

    You have as much right to get a rest. order on behalf of your daughter as the custodial parent. However, it doesn't sound like you have enough evidence. A court will only issue a rest. order if there is domestic violence (which includes a pattern of threats of domestic violence), drug use, or other criminal behavior.

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