Child Support, Parenting Plans

Postsecondary Educational Support

January 15, 2013 | by Blair & Kim, PLLC

As many of us know, the days of parents’ financial support of their children ending on the child’s eighteenth birthday is largely a thing of the past. These days, whether divorced or not, many people are supporting their adult children through college or technical school (at least). In divorced families, it is often necessary and helpful to have a court order dividing the financial burden of supporting adult children through postsecondary schooling. (Please note, there are other grounds for requesting the continuation of child support into adulthood not based on anticipated college or technical school – this blog entry does not cover those grounds.)

Sometimes (especially if ordered in close proximity to the time the child will be leaving high school or turning eighteen), postsecondary support is ordered as part of the original order of child support. However, in most cases we see, the issue is reserved and will require further action by one of the parents to create an obligation to share costs. If it looks like your child is college or technical school bound, and your spouse would be able to assist with the financial burden of your child’s schooling it is important that you be proactive in obtaining a court order requiring that your former spouse assist you and/or your child with postsecondary expenses.

Washington law refers to post-high school financial assistance as postsecondary educational support. This support can include the tuition cost of college or technical school as well as the cost for housing, books, and fees. In determining whether to award postsecondary educational support (and if so, how much), the court considers the factors set forth in RCW 26.19.090.

Does Your Order of Child Support Fit Your Current Circumstances?

January 10, 2013 | by Blair & Kim, PLLC

Child support is meant to provide support for minor children based on the economic circumstances of that child’s parents. Sometimes after an order of child support is entered a child changes age brackets, gets close to graduating from high school , or other significant enough changes in circumstances occur, that it is necessary to modify the order of child support to reflect current circumstances.

RCW 26.09.175 sets for the procedure for modification of an order of child support. It requires that modification proceedings begin by the filing of a summons and petition. These documents must be served on the other party (service requirements vary depending on where order was entered). (There is also a process for adjustment of child support that has separate procedure that is not covered here. That said, while it offers more limited remedies, it can be a quicker and less expensive process and should be considered prior to filing a modification action.) Prior to filing an action for modification, a cost-benefit analysis must be done to ensure that the modification will be worth the resources.

An order of child support may be modified at any time based on a substantial change of circumstances. RCW 26.09.170(5)(a). Whether there is a substantial change of circumstances is fact-specific, and can be a difficult to prove. In some cases, it may be advisable to wait for time to pass before filing for a modification. After one year has passed, an order may be modified without a showing of a substantial change or circumstances if the order in practice works a severe economic hardship on either party or the child; if a party requests and adjustment based on the change of age category of the child; if a child is still in high school, upon a finding that the child will need financial support beyond graduation; or to add an automatic adjustment provision. RCW 26.09.170(5)(b-d). This information does not provide for some of the other exceptions and requirements of modifying child support. Furthermore, adjustments and modifications may be permitted due to language in the original court order.

The Marital Presumption in Washington State (and how it relates to Kanye West and Kim Kardashian)

January 5, 2013 | by Blair & Kim, PLLC

While this blog generally focuses on family law issues facing typical Washington families, every so often a matter facing a not-so-typical family provides an opportunity to discuss a topic that may affect families reading this blog. As many have heard (It’s even being discussed on CNN:http://marquee.blogs.cnn.com/2013/01/03/in-cali-kris-humphries-is-the-presumed-dad-of-kim-k-s-baby/), Kim Kardashian and Kanye West are having a baby together. Meanwhile, Kardashian’s marriage to Kris Humphries is not yet dissolved. According to the article linked above, California has a marital presumption that presumes a husband (or a recently divorced former-husband) of a pregnant woman is the father of that woman’s child. As such, under California law (again, according to this article), Kris Humphries will be the presumed father of Kanye West’s baby. In addition to being terrific tabloid fodder, this also gives this blog a chance to comment on the marital presumption in Washington.

In Washington RCW 26.25.116 provides a similar marital presumption: It states that in the context of marriage or domestic partnership, a person is presumed to be a parent if he or she is married or in a domiestic partnership with the mother or father of the child and the child is born during the marriage or domestic partnership or within 300 days of its dissolution. RCW 26.25.116(1)(a)&(b). It likely comes as a surprise to many outside the legal field that the presumption (i.e. the starting point for determination of paternity) is based on marital status not DNA. RCW 26.25.116(3) goes on to state that the presumption may be overcome only with the adjudication of paternity under RCW 26.26.500 through 26.26.630. Importantly, this may leave a person who is not the biological parent of a child responsible for providing support for the child until his or her paternity can be disproven. Also important to note, there are time limits on when this presumption may be disputed.

The main reason for this presumption is efficiency. In most cases, the spouse or domestic partner of a parent of a child born during (or soon after) a marriage is the child’s other parent. As such, the presumption allows the state to determine paternity of the child without the need for blood tests or litigation. That said, there are situations like the West/Kardashian pregnancy noted above, in which the results elude our notions of common sense and determinations of paternity are not easily made.

Alternative Methods of Communication

December 27, 2012 | by Blair & Kim, PLLC

Lawyers are often quoted encouraging their clients to “get things in writing.” In a recent New York Times article, “Kramer.com vs. Kramer.com,” Pamela Paul uses a similar directive for divorced parents: Paul advises that parents use emails and texts in the place of verbal communication. In family law, as Paul explains, electronic communication can serve multiple purposes. First, it creates a record of the conversation not available through in-person or telephone conversations (Beware, both you and your former spouse will have a written record of these conversations!). Second, it can reduce the emotions and outbursts that can accompany a real-time conversation. Third, it can all happen outside the eyes and ears of your children – relieving them from the stress of watching mom and dad argue (often about them).

If you think that post-divorce communication will be difficult for you and your spouse and/or children’s parent, please talk to our divorce attorneys about communication strategies that can be used to protect your legal position, your emotions, and, most importantly, your kids.

Parenting Plan Holidays

December 16, 2012 | by Blair & Kim, PLLC

With the holidays approaching, parents considering divorce may be wondering what holidays with their children could look like post-separation. While specifics should be discussed with an attorney, there is general information that might resolve some questions.

The Washington State parenting plan form includes the following holidays: New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, July 4th, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas Eve and Christmas Day. The form provides just a starting point. Many families decide to add more holidays (ex. Easter, Hanukkah, New Year’s Eve, Halloween) and/or subtract some of the holidays (ex. Presidents’ Day, Veterans’ Day) already included.

The pattern form asks that parties provide where the children will reside during each of the holidays. It also asks that parties provide the time that the holidays will begin and end. In making this decision, it is important to consider the ages of the children, important times for the family during the holiday, and plans of extended family during holidays. Many families choose to have most holidays last from morning at around 9:00 a.m. until 8:00 p.m. Then, many families choose to include exceptions to this general rule. For example, many make the Fourth of July an overnight and/or ask that Thanksgiving begin after school on Wednesday and last until Sunday. There isn’t a right or wrong way to handle holidays in your parenting plan, as long as your holiday schedule works for both parties and the children. We would be happy to help you draft a parenting plan that will keep your holidays as happy as possible.

How Not to Communicate With Your Children After Divorce

December 12, 2012 | by Blair & Kim, PLLC

Divorced parents are often advised on ways to connect with their children after divorce. This recent article from helpguide.org is no different: it provides some time-tested ways to connect with your kids. This type of article can be very helpful when a parent is feeling their parent-child communication strained. However, a less talked about, less written about topic is what not to talk about with your kids during or after your divorce proceedings. Often, is it just as important to not say the wrong things as it is to say the right things.

One example of how not to communicate with your children is to use them as a messenger between you and your ex. This is especially true when the messages you are asking to be conveyed involve a contentious issue. When parents do this the child has to carry the stress of worrying about whatever reaction your ex may have or letting you down by failing to deliver the message. Instead, if possible, communicate with your spouse directly (in writing if necessary).

Another (unfortunately) common mistake parents make is to have conversations with other people regarding the status of their divorce, or how terrible their ex is, within the hearing distance of their children. As every parent who has let a swear word slip out under their breath knows, kids hear everything we say – especially when we don’t want them to hear it. The minute they hear you say your ex’s name, their little ears zero in. As such, keep your vent sessions limited to times when the child is residing with the other parent, or when you can have a babysitter and head out with a friend or adult family member.

Preparing for Divorce: The Importance of Financial Knowledge

November 27, 2012 | by Blair & Kim, PLLC

In almost every divorce, financial information is exchanged between the parties. Whether it be informally listing assets and debts and dividing them between spouses, or a more involved and organized discovery process whereby account statements, financial declarations, professional valuations, interrogatories, etc. are exchanged, or a process somewhere in-between, it is an important to know enough about your financial circumstances that you are able to make a sound decision.

In our experience, most cases necessitate, as a bare minimum, a financial declaration to be submitted by both parties. This document requires parties to describe their expenses, debts, and assets, in six pages. When asked to fill out a financial declaration or just answer some preliminary financial questions, clients are often surprised how little they know about their current financial situation. In many marriages, a couple delegates to one spouse or the other responsibility for paying bills, investing for retirement, purchasing life insurance, filing taxes, etc. When this occurs, the party not delegated to do these tasks is often left (albeit usually unintentionally) in the dark regarding finances. In these cases, it becomes especially important for us to use various discovery methods that become available after a petition is filed to discover the information the in-the-dark client is missing.

However, there are things that can be done prior to the petition even being filed that can help a person anticipating dissolution of their marriage. First, look at the financial declaration and start taking notice (and taking notes) of the requested information each month. Second, speak with a family law attorney regarding the best way to prepare yourself financially for the filing (or receiving service) of a petition for dissolution (be sure to tell your attorney if you are afraid that the other party may try and hide assets if/when a petition is filed). Your family law attorney will also help you design a discovery plan based on your financial circumstances. Third, if your financial acuity is lacking, find a way to give yourself a quick financial education. There are many websites that provide explanations for financial terms, types of assets and accounts, etc. The more you know about your financial situation the better prepared you will be to make educated decisions regarding your financial future. Our family law attorneys are ready to assist you in this process.

Connecting With Your Children: How a Personalized Parenting Plan Can Help

November 20, 2012 | by Blair & Kim, PLLC

In a recent article, “How to Connect With School-Aged Children When You’re Separated or Divorced,” in The Huffington Post’s divorce section, Naomi E. Goldstein, Ph.D. discusses the difficulty and importance of connecting with children after divorce. In that article, she posits that it is especially difficult for divorced parents to connect with children as they enter elementary and middle school years. As family law attorneys, we have had firsthand experience helping our clients, with children of all ages, maintain their parent/child connections in the face of a changing family structure.

In fact, it is our understanding of this difficult reality that drives us to draft parenting plans that are as personalized as possible. As part of our process, we encourage our clients to think about ways they connected with their children prior to separation. Then we strategize how those ways may be maintained or even expanded through a well-drafted, personalized, parenting plan. For example, if you bond with your kids by coaching or watching their sporting events, but you are not the primary parent, we might draft a plan with provisions allowing for you to coach or watch events during the other parent’s residential time with the child. Or, if you have a special tradition (ex. a yearly camping trip the first weekend after school releases for the summer) we might draft a plan that allows you and your child to continue your yearly ritual.

In the absence of extenuating circumstances, maintaining a connected parent/child relationship with both parents should be the goal of drafting a parenting plan. Parenting plans are not one size fits all. Let us help you make a parenting plan that keeps you and your children connected.