Military father residing in WA, daughter and mother residing in NV. NV took over the custody case from prior residing state of NM. Mother wants unfair parenting plan revision. Court is our only option. Does our lawyer need to be in the state of NV...
It definitely sounds like your new custody case would happen in Nevada. The child lives there, and Nevada has previously taken over the custody case for this child. There is a law called Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) that all states in the US follow when it comes to deciding which state will hear the custody case. There are a few slim exceptions that might make it come to WA but it sounds unlikely. You should try to find a Nevada lawyer who knows about the UCCJEA (and also certain laws that apply to military parents too - make sure to ask about that!).See question
If you live in a community property state, can spouses make a legal arrangement separating property and/or income? How?
Yes. What you need is called a "separate property agreement" and it's best if you both talk to a lawyer or hire a lawyer before making the agreement. A lawyer should also write up the agreement so that it meets all of the requirements to hold up in court if it is ever challenged. If one person does not have a lawyer or does not understand what they might be giving up when they make the agreement, the agreement could end up being challenged in court.See question
I am doing a motion to revise on a denied order. The respondent's attorney has submitted a memorandum of law and response to motion for revision. I cannot see anywhere in the Local court or WA state court rules that this is allowed. This is in ...
It is unclear in the rules. But it doesn't say a response cannot be submitted. So if they submit a response, you should do a reply. Also make sure that if they added anything that they didn't talk about at the original hearing or put into the original documents, that you ask the court to strike that information. A revision is supposed to be like the judge doing the same hearing over again and pretending the last one never happened. They cannot talk about anything that has happened since your hearing where the order was denied. Good luck.See question
I have a 4 week old daughter who has resided with me since birth. Her father and I split up when I was almost five months pregnant. Since then he and I have argued and fought basically the entire time. We can to an agreement he would get her o...
You need legal advice specifically related to your situation, especially if you have a DV case from 2009. It sounds like you are pretty low income, so you should try to get advice from a legal clinic or from CLEAR, which is a legal aid hotline at http://nwjustice.org/get-legal-help.
To get a temporary parenting plan before the trial, you need to do a motion for temporary orders. Your ex might be getting ready to do it already since he retained a lawyer. It can also set up temporary child support.
Some lawyers will do what is called "limited legal services" where you would only pay for one or two hours and get advice from them, then you represent yourself. I strongly recommend that you call lawyers in your city and ask if they do that. It sounds like your case could be a tough one.
I am paying a large child support amount and need a reduction due to unemployment. I believe I need to file an adjustment not modification. I need a temporary reduction while unemployment, will the adjustment last through this period? Also what c...
Child support is based on your income and the other parent's income. So you need to prove what your new income is (probably the amount you get in unemployment pay). After that, the amount and child support and the percentage of expenses will automatically change based on your new income amount. Like the other lawyer said, the court will not allow a reduction in child support if you quit your job on purpose. If you were laid off or fired then you have a much better chance of getting the adjustment. You could ask the other parent if they will agree to a temporary adjustment until you get another job. If they agree you can do that paperwork together.
The adjustment will last until it gets adjusted again, unless you put in the new child support order that it will be automatically adjusted again once you get a job.
X boyfriend put a protection order on me to get me out of his house. Went to court October 2, 2014 and judge is enforcing it till October 2015. I was able to go to the house on October 3,2014 for two hours to get my clothes and toiletries. My x an...
If you file a motion to clarify, make sure you ask in your motion for a civil standby. That means a police officer will go with you to the house while you get the furniture. You can ask the police to do this for you without a court order, but it's easier to get them to do it if a judge says you need one for a certain date.
Basically you need to get permission from a judge/commissioner, in writing, before you can go to your ex-boyfriend's house and get the furniture.
In the divorce I gave full custody to my x, and agreed to pay child support, however one of the children was removed from her home at her request and is now being taken care of by my parents, in Puerto Rico. I sent child support for the children t...
The other attorneys are correct when they say you need to modify the child support order. Until it is modified, you have to keep paying the full amount, even though one child is not there. You should definitely talk to a family law attorney, especially one with experience representing active duty servicemembers, because there are laws about how your ex can serve you with the papers if she is taking you to court, and how you can get the court date changed if you are deployed. Those laws were made in order to protect active duty people from losing in court just because they can't get there.See question
I am planning to file for divorce. And here are the details, 1. I am the primary earner in the house. I make a gross pay of 150K. My wife is a SAHM 2. We have been married 12 years with a 7 and a 2 year old 3. We have...
There are a lot of factors. The general answer is anything that you bought while you were married, with money you made from working, is half yours and half hers. Also any debts that started during the marriage are half/half. That doesn't mean the judge will divide everything 50/50. Under the law, the judge gets to divide things justly and equitable. That could mean giving extra money to your wife so that she can go back to school and support herself after you get divorced. Or something like that. You also only have to go to trial if you don't agree on how to split things up. If you can both agree, you can file the divorce together. Both of you should definitely talk to a lawyer to make sure you understand the law and your rights. Also, child support will have to be paid, depending on who the kids will live with and how much time each parent gets with the kids.See question
I called 911,my husband abuse my daughter and my husband 3:00 am went in my daughter's bedroom, My daughter & I are living under CPS order at shelter from Feb. 22 till now. I requested a court order to protect my daughter and I , served to my...
It sounds like you need a lawyer. Especially if you want to get a new hearing for the protection order and if you want to get a divorce.
I suggest calling CLEAR, the statewide legal aid hotline. Here is some info on that:
Outside King County: Call 1-888-201-1014 weekdays from 9:10 a.m. until 12:25 p.m. CLEAR works with a language line to provide interpreters as needed at no cost to callers. If you are deaf or hard of hearing, please call 1-888-201-1014 using your preferred TTY or Video relay service.
CLEAR will know about any places in Everett that may be able to help you, or they may be able to help you themselves. It depends on how much money you make or don't make. Also, since you may have domestic violence in your situation (either to you or your daughter) there may be more resources for you at the free legal help organizations.See question
during my marriage, i was abused badly. from physical to sexual and everything in between. due to my current financial situation, i cant afford a divorce. i know my state offers a do it yourself option, but given how badly my ex treated me, a clos...
You should call the Northwest Justice Project CLEAR line phone number. They are a statewide legal aid program. If they can't give you a free lawyer, they can give you the names and numbers of more nonprofits that may help someone in your situation. Especially with domestic violence in the marriage and a young child.
There are other nonprofits in Seattle area called Sexual Violence Law Center, Eastside Legal Assistance Program, and Legal Voice, all three focus on helping people who are survivors of domestic violence. The CLEAR line should also know about resources in Bremerton for free legal aid. There is a Northwest Justice Project office there too, I believe, and you could try to get an appointment with them.