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Michael Evan Stowell

Michael Stowell’s Answers

88 total


  • What paper work do I need to have a parent relinquish their parental rights .

    My three year olds paternal father has never met her and wants nothing to do with her. All his choice. He says he will sign what ever it takes to not have any ties to her.

    Michael’s Answer

    I think you should talk to an attorney about this issue. It is important that any relinquishment be done correctly as the law is designed to insure that the relinquishing parent is making an informed, voluntary decision. One factor that is important is that a relinquishing parent will still be responsible for support unless there is another party willing to assume that responsibility by adopting the child.

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  • When a divorce case says it was filed & was a petition joint divorce does that mean both signed it & is final?

    My boyfriend was married previously with no kids, he is deployed and he took action to file the divorce in Las Vegas where they got married and his current wife lives. On the divorce court case record it says it was filed 13 days ago and the case ...

    Michael’s Answer

    As I am not licensed in Nevada I can only give you a non-binding answer based on brief research. To get a firm answer you should ask a Nevada attorney. A joint petition, if signed by both parties, only takes 3 to 4 days to be finalized. I would assume that the final divorce papers would have to be signed by both parties and it may be that the divorce cannot be completed until your boyfriend is available to sign. Again, consult with a Nevada attorney for a reliable answer.

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  • How do I change a temporary order

    We recently were awarded a temporary order that required the mother to get a drug and alcohol assessment and follow it for 60 days before she could motion the court for unsupervised visitation. Until she does this she has the 2nd weekend of the mo...

    Michael’s Answer

    Given the circumstances you describe it seems likely the court will modify the temporary order. You will need to file a motion to modify the temporary order. You need to be clear in your motion about what the circumstances have been and exactly what you are asking the court to do. You may need the assistance of a lawyer to file and serve the necessary documents, although if you have experience with previous filings you might be able to handle it on your own.

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  • Can my live-in boyfriend's ex go after my income for child support?

    My BF and I live together, he has 3 kids by his money hungry ex soon to be ex-wife. She will do anything to get every penny from him. I just was rewarded a substantial amount from my ex-husband for maintenance and our 2 kids. I have a decent job. ...

    Michael’s Answer

    The answer above is correct and you should also note that even if you were married, the situation would be the same. Income of the spouse of an obligor (the person paying support) must be disclosed to the court but it is not used in the basic calculation. That calculation is based on the net incomes of the parents of the child for whom support is required.

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  • How should I proceed with the dissolution of my marriage? Do I work with a lawyer in WA or NJ?

    Hello, I am currently a Washington State resident and relocated here a few months ago from New Jersey. I relocated here shortly after my wife abandoned me and our marriage. I woke up one morning a few months prior and her property was packed. She ...

    Michael’s Answer

    From your question it appears that your wife has no connection to Washington State and the court here could not get jurisdiction over her, as well as not having jurisdiction over any marital property in New Jersey. Filing in New Jersey seems to be your only option. You might also need the services of a a process server or skip tracer to find her and a New Jersey attorney will probably know how to take care of that.

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  • How a discovery conference must be conducted?

    Only the other party has lawyer and I am wondering how discovery conference (CR26 )should be done.

    Michael’s Answer

    • Selected as best answer

    A 26(i) discovery conference is simply a discussion with the other party or attorney regarding responses to discovery requests. This will usually be conducted by phone after a time has been arranged by e-mail or letter. Typically in a case where responses to interrogatories have not been received by the due date, the discussion will be about when those responses will be received. If a new date for the response is agreed to then you should follow up with a letter stating that the conference was held and a new date for the response has been agreed to. This gives you support for a later motion to compel production in case the next date has not been complied with.

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  • Is my BAH and BAS included in my Gross Monthly Income for my Child Support Worksheet if I'm an active duty service member?

    Trying to understand if BAH and BAS is included while calculating my Monthly income or is it just my BASE PAY alone for Monthly income.

    Michael’s Answer

    BAH and BAS are both included in gross income for purposes of child support calculation. Contact an experienced child support attorney to help you deal with issues of how and whether those amounts may change depending on your marital status. In some circumstances BAH continues even after divorce.

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  • Is supporting the household while my husband was in school full time count for anything in a divorce?

    My husband and I have been married for 13 years. In year 2 or 3 of our marriage I supported household expenses (rent, groceries, etc) while he earned his Master's in Physical Therapy, attending university full time. I did not pay for his tuition. ...

    Michael’s Answer

    The additional earning power that resulted from your husband's education will definitely be a factor that a court will consider in dividing marital property and/or making a decision about whether maintenance will be awarded. You should consult with a family law attorney to go into more detail about your situation.

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  • What happens when two parents don't agree when it comes to picking a school???

    My ex husband and I do not agree when it comes to which school to send my daughter too..I would like her to go to a private school that her sister is attending (they have different father).. He says that he absolutely does not want her to go there...

    Michael’s Answer

    Under Washington law the parenting plan will state how decisions are to be made on major issues such as education, religious upbringing and non-emergency medical care. The typical plan usually provides that these decisions are "joint," that is, the parents must come to agreement on these matters. If they can't agree the plan will provide for alternative dispute resolution, often mediation. This is something that has to be tried before you can go back to court. Review your parenting plan to see what yours provides about decision making and dispute resolution. You should probably consult with an attorney if you are unclear about how to proceed.

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  • How long do we have to be married before my children's step father can adopt them?

    And is there any exception to the wait-period?

    Michael’s Answer

    • Selected as best answer

    There is no specific statutory waiting period required. Step parent adoptions are common and fairly simple if the other biological parent consents but much more difficult if there is no consent, requring a termination of parental rights of that other parent. In either case, you need the assistance of an attorney to make sure this process is done correctly.

    This electronic transmission and any documents accompanying this electronic transmission contain confidential information belonging to the sender. This information may be legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on or regarding the contents of this electronically transmitted information is strictly prohibited.

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