Legal Question in Family Law in Washington

divorce

If a judge awards a settlement I am

not satisfied with, can I appeal?

If I refuse to pay the alimony, what are

the consequences,


Asked on 11/14/07, 10:47 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: divorce

You child is in Washington and you are in California. The non payment of child support is a federal crime. If the amount of unpaid child support exceeds $5,000 it is a felony. As for the other questions they will have to be answered by an attorney in Washington.

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Answered on 11/14/07, 8:33 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: divorce

Judges don't award settlements, they issue orders. If a judge makes an order that you find objectionable, you can appeal to the Court of Appeals as a matter of right. If you think the Court of Appeals gets it wrong, you can ask the Supreme Court of Washington to review the decision. They can decide not to accept cert though, and can leave the Court of Appeals decision standing.

You have to be able to show that the trial court abused its discretion or erred as a matter of law. The appellate court is not there to second guess the trial court. The trial court is in the best position to understand the facts as presented and in the best position to make a just and equitable division based on all the facts and circumstances.

If you don't have an attorney who has explained this to you, you need to have this chat with a real, live lawyer.

If you refuse to pay alimony (it is called maintenance) that can be a willful refusal to abide by a valid court order, which can land you in jail and make you responsible for even more of the other party's attorney fees and costs expended collecting the money the Court ordered that you pay.

You and your ex can always go to mediation and reach some agreements and the court will enforce those, too.

Hope this helps. Elizabeth Powell

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Answered on 11/14/07, 10:44 pm


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