The rules of evidence can be important in any court case, even in a Washington custody case. A mother recently challenged a custody modification that gave the father primary residential custody on the grounds certain evidence should have been excluded at trial. The children had been living with their mother…
Custody issues can get complicated when one parent wants to move. There is a presumption that relocation by the custodial parent will be permitted, but the non-custodial parent has the right to object. Things are not so straightforward, however, when the parents share custody equally. A father recently appealed a…
Child support can be a very contentious issue. When parents share residential time equally, one parent may feel that he or she should not be responsible for child support. Under Washington family law, however, a court does not have to offset one parent’s basic child support obligation against the other…
Tax issues can be a significant hindrance in Washington divorce cases. Couples may fight over who claims the tax exemption for the children, who declares the children as dependents, and the effect of any tax credits related to the children. In a recent case, a husband challenged the child support…
Photo Credit: Andrey_Popov / Shutterstock.com When a parent does not exercise his or her visitation time, the child is obviously affected, but so is the other parent. In addition to any scheduling issues that may result, there are also financial effects on the other parent. A parent who completely stops…
Photo Credit: zimmytws / Shutterstock.com Courts have broad discretion in ordering postsecondary educational support in Washington family law cases. Washington law sets out a number of factors courts should consider, including the parent’s expectations for the child, the child’s aptitude, the nature of the education sought, and the parents’ level…
When one parent seeks a protection order against the other parent, they often ask that the order also be applied to the children. However, when a court issues a domestic violence protection order, any provisions addressing the residential arrangement of minor children must be made in accordance with Washington child…
In a Washington divorce, parents generally cannot escape child support obligations by being voluntarily underemployed. If the court finds the parent is underemployed for the purpose of reducing the child support obligation, the court can calculate child support based on imputed income. A Washington court recently considered whether a father…
Sometimes in a Washington child support case, a parent may seek credit for expenses during their residential time or a modification of the custody arrangement in an effort to reduce child support payments. However, the parent must show adequate cause to modify the parenting plan to change the custody arrangement. …
Under Washington child custody law, there is a rebuttable presumption in favor of granting a parent’s request for relocation. To deny a relocation, the trial court must find that its detrimental effect would outweigh the benefits to the child and the parent seeking relocation. RCW 26.09.520 sets forth 11 factors…