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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11577
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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my ex wife had an accident at walmart in shelton wa, while we were still married and livin

Customer Question

my ex wife had an accident at walmart in shelton wa, while we were still married and living together,we had an agreement towhere she was to get 75% and me 25% but now that they are going to settle soon she is backing out!!! can you help??
Submitted: 1 year ago.
Category: Family Law
Expert:  ANDREA, replied 1 year ago.

Hi, and Welcome to JustAnswer, Thank you for your question, My name isXXXXX am an Attorney and I look forward to helping you with your question

Q. How does California relate to your question ? Was that the State of your resience and for the divorce ?

Q. Was this a verbal or written agreement ?

.

Thank you, XXXXX XXXXX look forward to your reply,

.

ANDREA

Customer: replied 1 year ago.

iam living in ca now an have gotten remarriedwashington state was the state that my divorce took place,but when i left my wife still hadnt gotten an attorney, otherwise i would have known him and any agreement would have gone through him , my ex was afraid i would take half due to wa state being a community property state.. so i told her if she agreed to give me 25% that i would not get a attorney involved..she agreed but not in writing just over the phone with my new wife jackie as a witness....(the phone was on speaker so jackie herd all!!!

Customer: replied 1 year ago.

hello did you forget me... Patrick and did you get my answers to your questions

Expert:  ANDREA, replied 1 year ago.

Hi, Patrick,

.

Thank you for your patience. I was in the path of Hurricane Sandy and offline still trying to get things back together after the hurricane,

.

In all States, including Washington which is a community property State that portion of a Personal injury settlement which is attributable to "pain and suffering" is considered the injured party's sole, separate property and the portion which is considered "lost wages" is community property to which the other spouse is entitled to one-half because income earned during the marriage is community property. Therefore, you would be entitled to one half, even if you had agreed to accept one-Third, If your former wife will not agree to voluntariy honor the agreement she made with you to give you one-third of the personal injury settlement, you would either have to file a Motion to Reopen the Divorce and claim one-half of the lost wages portion of the settlement, or sue your former wife and prove the verbal agreement for one-third of the entire settlement. She might be willing to give you one-third of the settlement, if you tell her that in either event, it will cost her legal fees if you re-open the divorce, or to sue her on the verbal agreement you had.

.



I wish I could give you a simpler way to approach this situation, and it would have given me great pleasure to do so, but I have an ethical obligation to you to give only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me


Please be kind enough to give me a rating of "Excellent Service". A
favorable rating from the customer is necessary for me to receive credit
for assisting you. If you need anything further, please use the
"Reply" button to let me know



ANDREA

ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11577
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

andrea first this is very professional and i thank you.. just one more question.. how can she claim sole ownership for pain and suffering when she is recieving 20% of my dissability income...where is the justice???? and all of my income is dissability income!!!!

Expert:  ANDREA, replied 1 year ago.

Hi,

.

First, Thank you for the compliment on my professionalism and the "Excellent Service" rating, I appreciate both greatly.

.

Thank you for your follow up question, "Pain and suffering" are considered by all States to be unique to the party who was injured and suffering through the pain. If you are paying your former wife alimony from your disability benefits check, it is because those benefits take the place of "income" only, and those benefits are not compensating you for "pain and suffering".

.

If you need anything further, please let me know and I will explain further,

.

Thank you once again,

.

ANDREA

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