Andrekita Silva

Andrekita Silva

Law Office of F. Andrekita Silva
  • Divorce, Family Law, Arbitration & Mediation...
  • Washington, Washington
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Practice Areas
  • Divorce
  • Family Law
  • Arbitration & Mediation
  • Probate
Jurisdictions Admitted to Practice
Washington
Washington
Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Lawyer
Law Office of F. Andrekita Silva
- Current
Education
University of Washington School of Law
J.D. (1987)
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University of Michigan - Ann Arbor
M.S.W. (1978) | Social Work
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California State University - Sonoma State University
B.A. (1972) | Psychology
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Professional Associations
Washington State Bar # 17314
Member
- Current
Publications
Articles & Publications
Debts, Ch 42, Family Law Deskbook
Washington State Bar Association
Servicemeber's Civil Relief Act, Ch17, Family Law Deskbook, 2nd Ed.
Washington State Bar Association
Litigating the Enforceability of PreMarital Agreements
National Business Institute
The UCCJA- Is it Ready for an Overhaul?
7th Annual Family Law Institute, King County Bar Association
Federal, State, and International Law Governing Parental Rights and Responsibilities
National Business Institute
Trial Issues: Child Custody and Shared Care in Washington
National Business Institute
How to Avoid Paying the Other Party's Debt
6th Annual Family Law Institute, King County Bar Association
Debts, Ch 33, Washington Family Law Deskbook
Washington State Bar Associationf
Soldiers and Sailors Civil Relief Act, Ch 17, Family Law Deskbook
Washington State Bar Association
Legal Answers
5 Questions Answered

Q. Did my obligation to pay for the kids health insurance end when their child support ended?
A: If you have a new order that pertains to college support, the terms/ provisions in the new order supercede the terms of an earlier order of child support . Your obligation to contribute is whatever your new order says it is. If your prior order or other written agreement states that your obligation to contribute to health would continue on beyond the termination of your basic support obligation during post high school educational support, then there could be an argument that your current order inadvertently omitted a health care provision. If your order has the language about contributing to medical but the box is unchecked, other party could argue that this was a mistake or inadvertence. So, without seeing both your orders, its not perfectly clear.
Q. I live in Washington State. My 17 year old step-daughter wants to live with her father. Do we have to go court for
A: As I understand it, your husband is the non primary parent and the 17 year lives with Mom. Now 17 year old wants to live with you and your husband? If you can reach an agreement with Mother/ primary parent to modify the parenting plan by agreement, then stepdaughter can live with you informally or you can modify the parenting plan by agreement. However, if no agreement can be reached, you would have to proceed in court with a potentially contested petition to modify the parenting plan.
Q. My girlfriend is having issues with her ex to pay his half stated in the parenting plan of child care.
A: She can contact DCS (Division of Child Support) and ask that they collect for her. Although all past due child support bears interest, they will not collect that for her. It can take DCS a long time but they will do this for her at no charge. If EX has a job, she should consider hiring a lawyer. If EX owes 5 years of back child care, an attorney can have that back daycare plus all accrued interest reduced to a judgment. If a judgment is entered, your girlfriend will be entitled to an award of legal fees. Once your girlfriend has a judgment, if EX has a job and a bank account, his bank account can be garnished. He will probably start paying his share after that.
Q. Please interpret Line 4 of WAC 246-809-035.
A: You do not provide a context for the WAC. But, it means exactly what it says. That a licensed counselor must keep records for 5 years. The WAC goes on to specify what should be included in "records". Many counselors make the fewest notations possible to avoid disclosing confidences in the event their records are ever subpoened.
Q. My mother in-law wasnt informed about her father's death. Found out through Google. She was his only child. What to do?
A: I assume you are wondering whether or not your mother -in-law is entitled to an inheritance. A child will not necessarily receive an inheritance from a deceased father. Assuming the deceased lived in Washington, if father had only community property and his new wife was still alive, if he died without a will, new wife would get all his community property. If he had some separate property and he died without a will, then the child would be entitled to 1/2 of his separate property. Unless someone marries late in life and brings property to a marriage, in Washington it is common to have no separate property. Your mother-in-law can call the surviving wife (widow) to make inquiries. Or, she can search the court records for whatever county the deceased lived. If a probate action was filed, it will provide information about if there was a will, who the beneficiaries were, who received notice, etc.
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Contact & Map
1325 Fourth Avenue, Suite 2000
Seattle, WA, USA
Telephone: (206) 224-8288
Fax: (866) 270-5679
1325 Fourth Avenue, Suite 2000
Seattle, WA, USA
Telephone: (206) 224-8288
Fax: (866) 270-5679