When a court enters a Washington child support order, it begins by determining the standard calculation according to RCW 26.19.020. The standard calculation is the presumptive amount owed. The court then allocates the child support between the parent’s based on their respective share of the combined monthly net income. The…
An award of spousal maintenance in Washington may generally only be modified if the party seeking modification can show a substantial change of circumstances. RCW 26.09.170(1). Under Washington case law, the change must not have been within the parties’ contemplation when the decree was entered. A former wife recently challenged…
A trial court must grant an annulment to parties married outside Washington if the court finds the marriage was void or voidable pursuant to the laws where the marriage was contracted, unless it was subsequently validated. RCW 26.09.040(4)(c). A wife recently appealed a court’s denial of her petition for a…
Parties to a Washington divorce may reach an agreement to resolve the issues in their case. A CR 2A agreement, named after Washington Superior Court Civil Rule 2A, can resolve a number of issues, including property distribution and debt allocation. CR 2A agreements may also include an alternative dispute resolution…
When a court finds a parent has engaged in a history of acts of domestic violence, a permanent Washington parent plan may not require mutual decision-making or a dispute resolution process other than court action if the court finds a parent has a history of acts of domestic violence. RCW…
A non-parent may petition for Washington child visitation if they are a relative, have “an ongoing and substantial relationship with the child,” and show a likelihood the child will experience harm or a substantial risk of harm without visitation. RCW 26.11.020. In a recent case, a child’s grandparents appealed the…
A former spouse seeking modification of Washington spousal maintenance must generally show a substantial change in circumstances. A former wife recently challenged the denial of her request for modification. According to the appeals court’s unpublished opinion, the parties married in 1991 and divorced in 2014. The wife was a stay-at-home…
Parents have a fundamental right to make certain decisions regarding their children, including decisions regarding visitation with grandparents. A nonparent relative may petition for visitation if they have an ongoing and substantial relationship with the child and harm or the substantial risk of harm to the child is likely if…
Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries. In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage. In a recent unpublished case, a former husband challenged a court order that maintenance continue even after his wife’s…
Inherited property is generally characterized as separate property in a Washington divorce, but what if the spouse signs a quitclaim deed adding the other spouse to the title? The Washington Supreme Court has clarified that the joint title gift presumption does not apply when a court divides property in a…