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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> Cache Counsel
Nov 29
1999

Ask a Lawyer: A Child's Choice?

Posted by Dads Divorce in WA , Visitation , Parenting , custody , Ask A Lawyer

Question:

At what age can a child have a say in which parent they choose to live with in the state of Washington?

Answer:

I am not licensed in Washington. Laws concerning custody will vary from state to state so also seek the advice of an attorney in your state. While most states will have an age at which more consideration is given to the child's wishes it is unlikely to be the only factor. Courts decide custody based on the child's best interest. Since minors can determine what is in their best interest, they cannot decide where to live. That does not mean that the court will not factor in their wishes especially if they are older. Consult an attorney in your state to determine how much weight is given to child's wishes in your state.
Comment (0)
Nov 29
1999

Ask a Lawyer: Plea of hardship

Posted by Dads Divorce in WA , Rules , Procedures , Ask A Lawyer

Question:

My wife of 34 years does not want the divorce, as a last ditch attempt she is claiming hardship after we have waited 8 months with mediation. I am willing to give her anything, but the judge at the mediation said it was one sided and she, my wife, needed to give more to the settlement, that I had to be able to live also.

Answer:

I am not licensed in Washington. I suggest you also consult an attorney in your state. I am unfamiliar with the process of a judge presiding over mediation. Did the judge make a final ruling? Generally, mediation will only settle at case if both parties agree. If mediation is unsuccessful then a hearing must be set. At the hearing the judge will make the final determination. Since no question was posed, I am assuming you want guidance on finalizing your divorce. My suggestion is setting the matter for final hearing.
Comment (0)
Nov 29
1999

Ask a Lawyer: custody

Posted by Dads Divorce in WA , Rules , Procedures , Ask A Lawyer

Question:

How is a parenting plan made? How does it work? What is joint custody? does one parent have to pay support if they have joint custody and how do we determined support, when needed and what parent would pay?

Answer:

I am not licensed in Washington. Every state will use different factors to calculate support. I recommend you use the online support calculators for your state. Joint custody can refer not only to where the child resides but also who has decision making power over the child. Joint decision making power is usually referred to as Joint Legal Custody. Parents can have joint legal custody without having joint physical custody. Joint Physical normally means that each parent has the child 1/2 of the time. If the parents share physical custody then there may not be a child support order. This will likely depend on the income of each parent. If one parent makes substantially more money than the other then child support may still be paid by the higher earner. In order to determine your child support you must use the calculator used by your state.
Comment (0)
Nov 29
1999

Ask a Lawyer: Statute of limitations on post secondary education support agreement?

Posted by Dads Divorce in WA , Maintenance , Child Support , Ask A Lawyer

Question:

In March 1999 I obtained a divorce while a resident of Washington State, I'm now living in Michigan. As part of our divorce settlement, we had a post secondary education agreement, where I was to pay 58%, and my ex-wife 42%, of our youngest daughter's college loan, which is in my name only. It is a large loan and will take years to pay off. She has failed to respond to any of the letters or emails that I've sent, requesting that she send the monthly portion that she owes. Is there a statute of limitations on collecting my ex-wife's portion? Do I still have legal recourse in Washington courts to collect the amount that she owes?

Answer:

I am not licensed in Washington State. Laws will vary from state to state. There is usually a statute of limitation in collecting judgments. The specific limit will vary. Has the money your wife owes you per the decree been reduced to a judgment? If not then the statute of limitations on collecting judgments would not apply. This may be good news for you. If you are still paying on this debt then your time for collecting your ex-wife's portion may not have lapsed. I would look into collecting it immediately. Even if there is no statute of limitations, laches may apply. Laches is a term of art. Basically, it means that if you fail to pursue the issue over time your right to do so may lapse.
Comment (0)
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