Courts sometimes make mistakes in parenting plans. A court’s ability to modify a parenting plan is limited, but its ability to clarify an existing plan is broader. Washington child custody attorneys know that whether an order changing a parenting plan is considered a modification or a clarification may be the…
Articles Posted in Child Support, Parenting Plans
Contempt for Claiming Tax Exemption Against Court Order in Washington Child Custody Case
Tax exemptions can be a contentious issue in custody cases. Washington child custody attorneys know that the allocation of tax exemptions can have a significant financial impact on the parties. A recent Washington appeals court decision addressed a case in which the mother claimed the tax exemption for her younger…
“Underemployment” and Washington Child Support
New parents face difficult decisions regarding health care. Sometimes, the best option for the family is for one parent to limit his or her work schedule to care for the child. Washington child support attorneys know, however, that when a couple divorces, this issue can become contentious. The court must…
Right of First Refusal in Washington Family Law Matters
Child care is often a contentious issue in Washington family law cases. A parent may object to the child care arrangements made by the other parent, not want a specific person to watch the child, or want the opportunity to take the child when the other parent is unavailable. Sometimes,…
Washington Parenting Plans and Substantial Changes in Circumstances
The modification of a Washington parenting plan over the other parent’s objection can be difficult. In fact, there is a presumption against it. Washington child custody attorneys know that Washington courts have recognized that children have a strong interest in finality in their living arrangements. Courts will not disturb the…
Restrictions on Child Visitation in Washington
Washington child custody rules do not favor modifying parenting plans to decrease visitation. A court may, however, modify a parenting plan if it finds, based on information that occurred after the decree or that was unknown to the court at the time, that there has been a substantial change that…
Waiver of Enforcement Limitations on Washington Child Support Orders
A judgment or judgment lien for accrued child support in Washington remains in force for 10 years after the youngest child named in the order turns 18, pursuant to RCW 4.56.210. The statute therefore generally makes a child support judgment unenforceable after the youngest child turns 28. Washington courts have…
Washington Courts May Not Base Custody on Sexual Orientation
Courts should remain impartial regarding religious beliefs and sexual orientation when considering custody arrangements and parenting plans. When a court relies on and adopts the opinions and recommendations of witnesses who express biases based on these issues, the entire parenting plan may be called into question. Such was the situation…
Out-of-Network Expenses Are Uninsured Medical Expenses Under Washington Family Law
Health care can be very expensive, especially if the treatment is not covered by insurance. A child support order will generally set out how uninsured medical expenses are allocated, but what happens when one parent seeks treatment for a child who is not covered by insurance? The Washington Supreme Court considered this…
Untimely Petition for Postsecondary Education Support in Washington Divorce
Under Washington law, courts may order postsecondary support for children in some circumstances, but as a recent case reminds us, it is not automatic. Parents must be sure they understand the child support order and follow any deadlines for filing the petition for postsecondary support. It is important that parents…