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Shana Erin Thompson

Shana Thompson’s Answers

5 total

  • Is there such a thing as spousal abandonment in washington state?

    Wife left 3 years ago and still has not filed keeps putting it off. Husband has tried to reconcile with no promising effects.Now wife says she doesn't have the money to file, but husband needs to sell some of the property to save the rest of the p...

    Shana’s Answer

    All assets, whether separate or community in nature, are before the court during a dissolution. Since it has been three years since separation, the court is going to have to look not only at what property was part of the marriage at the time of separation, but what has happened to the property since that time. One of you needs to file for divorce to tell third parties, such as creditors, that there is no longer a community. As I understand your first statement, you are asking whether your wife is responsible financially for debt incurred on community property since separation, due to her actions, and the answer to that needs to be determined by the court after a more careful review of the facts of your particular case.

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  • My sons father and I are going to court for paternity and I don't want him granted visitation.

    My sons father has an extensive criminal history in the state of AZ about 6 years ago. He hasn't been in trouble with the law since so would this history still be held up in court or would they let it go because he hasn't been in trouble since? Al...

    Shana’s Answer

    I assume that there is no current parenting plan in place. If so, then you can bring to the court's attention the father's criminal history, and assuming it is related to child abuse, violence or substance abuse, they will take it into consideration when determining the parenting plan. The problem is how much weight will they give it, considering this happened over six years ago. If he has not been in contact with the child in the past six years, then it will have greater weight. However, if he has had plenty of contact with the child over the past six years with no reason for concern about his parenting but for this history, then it probably will not have much weight. It all depends on the facts of your case.

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  • How is alimony handled w/property in 2 states

    We own property in 2 states, WA and TX. My husband prefers WA, I want to go to TX and live in the house owned there. I have over 26 yrs in this marriage, 30 in the relationship. I am disabled and haven't worked full time in many years, now ...

    Shana’s Answer

    1. Once you are eligible to claim Social Security, you can claim off your income or that of any prior spouse to whom you were married for more than 10 years.
    2. I am not sure what you mean by "private" health insurance - does that mean you do not have it through an employer or prior employer, but that you are paying for it yourself? If so, that is a good thing because it means you are not dependent upon your husband for your insurance, which would terminate upon dissolution. If the divorce occurs in Washington, the courts will take into account yoru disability and insurance needs when determining maintenance (alimony).
    3. There are many factors that go into the division of retirement and maintenance. Washington is a community property state and that means any assets, including retirement, acquired during the marriage are as much yours as his. So from the date of marriage to the date of separation, anything he put into his retirement is "community" in nature. The division of this asset will need to be incorporated into the final division of all of the assets and take into account any maintenance award, but usually the courts in a long term marriage divide assets anywhere from a 50/50 to a 60/40 split, with the disadvantaged spouse receiving more because they will have greater difficulty recovering financially after the dissolution. Maintenance is also variable, but the most common result is one year of maintenance for every 4-5 years of marriage.

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  • How does defaulting on a mortgage affect a divorce settlement?

    My divorce has been final since June 09. In our finally divorce papers it's stated after the sell of the home husband will pay remaining mortgage owed and debt owed, with the remainder of balance of monies going to wife. What if I can no longer ma...

    Shana’s Answer

    It all depends on what is indicated in your Dissolution Decree or Property Settlement Agreement. If there was a sum that it was estimated she would receive and you default on the mortgage, she could come back and get a judgment against you or even re-open the division of assets if there was something else you were awarded that she could take in lieu of the equity in the house. Also, if you default there is usually a "hold harmless" clause in the decree that would allow your wife to sue you should the bank who is owed the mortgage come after her for this debt once you default.

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  • Not showing up to court for no contact order CPS forced me to get.

    I am wondering what could be the consequences of me not showing up to court to extend the temporary no-contact order that CPS forced me to get.They took my daughter away a couple weeks ago,she was out of the home for 9 days and one of the conditio...

    Shana’s Answer

    Clearly CPS believes that your boyfriend is a threat to your child. To ensure you are committed to your child's safety, CPS required you to file (what I belive to be from your description) a Petition for Protection Order. The court issues you a Temporary Protection Order that lasts for two weeks until you return to court for the full blown order. Given that you filed your Petition for this order, CPS may have presumed in their revised safety plan that you would follow through with attempting to obtain the full order on 3/16. They probably left out the requirement that you obtain a full order as the issueance of a full order is beyond your control and depends on the decision of the Commissioner on 3/16.

    I would recommend that you follow through with the 3/16 hearing, because if you fail to appear, CPS will likely take this as a sign you are not committed to the safety of your child and remove your child from your care.

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