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Being retired now 2 years. I discover my union is holding my pension funds because of a old (unsigned by either party) QDRO. My ex-wife and I had agreed she would not attach my pension in divorce. I guess they can just hold the money? It is not b...
You need to find out if the QDRO was signed by the court. If it was it is a court order and the pension is obligated to withhold those funds. However, if you and your wife agree that she does not wish to have any interest in those funds or any that have been held, then you will need to have another order drafted to vacate the previous QDRO. It will have to be signed by both of you and the court and contain all of the proper language for the union to honor such request. I would recommend that you seek the advice of a QDRO attorney on this subject.See question
My ex took off with my 2 week old after I sighned temporary custody under duress
Since divorces and custody cases are civil matters they are no provisions to appoint attorneys for the parties. The parties are responsible for obtaining their own legal counsel. However, depending on the incomes of the parties, the court can order one side to order to help pay for the other parties fees in a case. If that is not a possibilty, then there are self help organizations in counties where you may have filed. You will want to check with the courthouse and the local bar association in your county if they offer any free legal services.See question
A parenting plan was entered one year ago for my 8-year-old whose father has been absent all of her life. His visitation has been spotty and I didn't hear from him for 5 months a few months after the plan was entered. I paid the fee to open a medi...
IT sounds as though you may have an action for contempt but in order to know for sure I have to have a copy of the orders and parneting plan. The same would hold true for a modification. I think if he is not following through with the orders and is not having regular visits, you may want to schedule time to sit down with an attorney and discuss all of the facts and issues to determine if you should file a contempt or a modification. IT would appear this situation is not in the best interest of the child and maybe the court would have a GAL appointed to look into the matter as well.See question
I have full custody of my son, I've mentioned countless times before to the father of my child that he needs to step up financially. He says it's difficult enough for him to pay bills as is, but finally agreed to paying $200 a month, I asked he d...
It is not to late to file for child support from your son's father. The questions is were you and the father married. if not then you will need to establish that paternity by filing a complaint. You will ask at that time for child support as well. You will also need to file a Motion for Temporary relief requesting child support and a motion for a paternity test. If the paternity test proves he is the father, then the court will be able to proceed with your motion for rquesting child support. If he is the father he can also ask the court to put a parenting plan in place so that he has time with your son. You can go to the court to obtain the forms necessary to file for such relief or go to the washington court web site where you can download all the forms you need to complete.See question
Kids spend 5/14 with dad and 50% of vacation time. Is there any precedent for a typical child support? King County. Mom asking. Thanks
You will need to go to the Washington child support worksheets to calculate the support. That will give you the amount of guideline support for the children. You will need to determine if there are any factors that would give rise to a deviation to father such as the amount of time the children are in the care of the obligor or paying parent's care, is the amount in the worksheet for child support more than what is reasonable necessary for the support of the children. Are the children have any special needs that require additional support. It would be a good idea to get all of your financial information together as well as the other parents income (as much as possbile) and your parenting plan schedule and then scheudule an hour consultation with a family law attorney who been handling these types of matters for some time.See question
I recently was allowed to relocate back to my home state with my children. In the orders during visitation time I'm required to pay a certain percentage of the flights (which is fair) however when this was decided the fathers court order child sup...
I would file a contempt as to father not paying all of his child support to you and then file for a modification of the order on the transportation expenses, I would have you request that until father can become current on all of his child support obligations, that he not only pay for his pro rata share of the transportation but your as well. He could use your portion towards any past due support but that would not require you to pay any funds out of your pocket which might affect your financial stability. If you do not request such modification with the court then you must follow the court order as he could hold you in contempt not only for not paying the transportation costs but if he does not get the parenting time as well as a result, then you are in violation of the parenting plan too. If the court finds you in violation of the parenting plan on two occasions, then they can consider a change in custody. You want to make sure that you follow the orders and that is why you should not only seek the contempt but modifcation of the trransportation provision.See question
I filed for divorce on 05/19/2016 in King County, WA. I have since relocated myself and my 18 year old son, he is in his senior year of high school, to Texas. The last hearing date was 9/12/2016. I was denied a telephonic hearing, but my spouse ...
You have a long marriage and therefore there is no defined end date. The court can order support for a longer period of time than what husband is asking for at trail but It will depend on how much you earn and how much husband earns and the division of the assets. Normally as a rule of thumb the court will grant 1 year for every 4-5 years of marriage but in a long marriage as yours it can be longer than the 4-6 years he is proposing. Since I dont know the incomes of either of you it is hard to determine a length but I would at least make sure that you dont agree to less than 6 with maybe a review after that time or a step down in the amount over next few years. For instance if you want 10 yrs, then each year after 6, you decrease the amount he would owe you each year. Say he is to pay 1000.00 each month but on the 7th year he pays 800.00 a month and so forth. You have to remember that support is determined not just on the length of marriage but on your need for such support and husband's abilitiy to pay. You each must be able to meet your basic needs such as rent, food and utilities. Any support to you that husband pays is income to you and is taxable and any income he pays you is deductable. That income is includable in the child support worksheet for the purpose of determining child support as well. I suggest that you meet with an attorney about the dates you missed so that you are not sanctioned and you can get your case back on the schedule.See question
My X husband was vindictive in doing this, he is $23,000 in arrears of support and only get kids when he wants them not scheduled visitation. He says he intends to make my life a living hell and that he is doing. I have no permiscuous past and I...
Well I do think X is being vindictive but since I dont practice in your state I do not know what the courts will do with his allegations. I would make sure that the person in question is clear with no record, has a good job, etc. I dont know if X has ever had the children with other spending the night but you might want to find out. I would also look to your final papers and see if there is anything contained in them that excludes you from having 3rd parties at your home with the chidlren overnight. I would also keep a log of his visitations with the children. Keep a calendar of all of his visits, this can show the court how much he is truly involved with the chidlren.
I would also seek the advice of a local attorney to review your final documents.See question
Father does pay child support. They where never married. he is not on birth cirtifacte
First of all your girlfriend must read her court papers very carefully to determine if she must give notice to father of moving at any time. If father has visits, then it would be my impression that she would have to go to court before moving with the child from the state. The reasons would be for the court to set up a new schedule for dad if the court allowed the move and to ensure that the move was for the interest of the child. The important issues here is that the child continue to have a relationship with both parents. I dont know what type of relations the child has with her father and that would be important for the court to know as well. If mom was to move with getting court approval, then dad could file a motion with the court and order that the child be returned to the state until the matter court be resolved.See question
My wife and I both walked out of orientation prior to seeing a mediator over custody of our daughter. We agreed to handle it ourselves but then she went to the later court date behind my back and got custody. I found this out and told her I was fi...
I not sure what type of case was filed, since your talk about your wife, I will assume it was a divorce. If you have been served with a reqeuest to enter default, they you will need to file a response to the petition that she severed you when this matter first began. If you do not file a response, then the court will grant her default and can can everything she requested in her petition.
I would suggest that you check the court file to find out the progress, obtain the necessary documetns that you may need to file and contact an attorney as soon as possible.