Legal Question in Family Law in Washington
My son was 'invited' to his ex-girlfriends attorney office to review/accept/sign a parenting plan/child support schedule. The parenting plan was unacceptable to him, as was just part of the child support terms (he's been paying child support all along). The attorney, w/ex-girlfriend present, stood and handed him papers and stated "this meeting is over" - "you've been served". The intent of the meeting ended up being one of intimidation. Since that meeting (8/9), the ex-girlfriend has violated her terms in the original papers, and they've talked and agreed on different terms, acceptable to him. But there's nothing in writing yet. Apparently, he has 20 days to respond. To whom does he respond? How? My son went to an attorney for advice, and was told that the other attorney/ex-girlfriend cannot 'serve' papers and was charged $225 for the visit. They also want $3500 retainer and someone to cosign for additional fees because he doesn't make $60,000/year. Seems that if there's an agreement and papers supporting it, then that is unnecessary. Problem is, the revised parenting plan/child support papers aren't available yet (could be lip service). My son and the ex-girlfriend are both somewhat financially unstable.
So, summary questions:
1) Can the attorney/ex-girlfriend serve papers in the attorney office, or is supposed to be done by a separate party?
2) How/who does one respond to when they've been 'served'?
2 Answers from Attorneys
The service sounds sketchy at best. However, what's the point of complaining about it? To make the mom have $100 less that could be spent on the child? Go to courts.wa.gov forms section for the family law form for response. It is to be served on the court and the mother's attorney within 20 days. It's not complex - compare the petition to what you think is true and what is not and then "admit" "deny" or "lack sufficient information."
Nothing is set just because there is some vague understanding. $3500 "retainer" (it's not a retainer, that term is misused (by attorneys)) most likely but an advance on the fees. If it is indeed simple, then the unused portion of the funds would be returned. More often than not everyone comes in stating "oh yeah we have an agreement on everything so it's just a matter of filling out paperwork." But it never is. Ever.
Ever.
1. Yes. See, CR 4(c)
2. Read the Summons. A "Response" form can be located at the Supreme Court website entitled Court Forms: Unmarried Parents � with Paternity Acknowledgment - Establishing Residential Schedule/Child Support . The numbers at the bottom left of the documents he was served will give him an idea of what category of forms he is dealing with. Compare them with the other numbers in that category, most of which begin with WPF PS 15. If that is not that category, find the forms for the category in the list of all forms and select the "Response".
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