When people end their romantic relationship with their children’s other parent, they often feel as though they will never want to have a romantic relationship ever again. The reality is, after the emotional pain and adjustment period is over, most people do decide to date. Some choose to date seriously and look for another committed relationship, while other unmarried parents decide to date casually. No matter what your intentions are in your dating life, it is important that you consider if and when you will introduce your new significant other to your children. Here are some strategies that might help you decide if, when, and how to introduce your kids to a new love interest: Continue reading
Articles Posted in Child Support, Parenting Plans
Holidays in Two-Home Families
Whether it be because of divorce, children being born outside of marriage, or other non-traditional family structures, we have many clients with children whose parents and/or guardians are living in more than one home. This can be difficult for kids and families on typical days, but is especially difficult on holidays and other special occasions. Here we provide a few ideas for how to make the holidays a little better (and less stressful) for kids living in two-home families.
Alternative Dispute Resolution in Family Law Cases
In family law cases, people are often confused and worried about whether or not they have to have a trial. Many are nervous about testifying, the judge being mean, and/or having to sit across from the opposing party. Trials can be stressful, intimidating, and not conducive to a harmonious co-parenting relationship. Fortunately, there are other options for concluding a family law case that do not involve a trial. Here are a few ways that family law cases can be settled without the need for a trial: Continue reading
Parenting Plans: Vacations
Parents are sometimes surprised about how vacation provisions are drafted into Washington State parenting plans. The term “vacation” within the parenting plan can be a bit misleading. In reality, instead of drafting vacation time to be used exclusively for traveling (meaning reserved for use when one parent will actually be leaving town with the kids), many family law attorneys draft the parenting plan section titled “Vacation” to be for providing each (or if circumstances require, only one parent) uninterrupted time with the children. In essence, this uninterrupted time is a break from the usual rotation of the parenting plan. A parent’s uninterrupted time with the parent’s children can be a time to travel with children, plan uninterrupted activities spanning a week or more, or just spend lots of extra time together. The vacation schedule is an important part of the Washington State parenting plan, and it should be carefully considered.
The way most parenting plans are drafted, parents are free to decide what to do with their vacation time. They do not actually have to leave town to exercise their vacation time. Some parents choose to use the time to stay home with their kids. Other parents use it to travel out of the state or out of the country. Continue reading
How the Improving Economy Might Impact Your Family Law Case
With the economy improving and unemployment going down, things are changing in the lives of many families in Washington. People are changing jobs, changing careers, relocating for new opportunities, and (happily) earning more money. For families with unmarried or divorced parents of minor children, these changes can mean more than a new job, higher salary, or a move, it can mean that it is time to bring a family law action, or respond to a family law action that has been brought against them. Continue reading
Is a 50/50 Parenting Plan Stressful for Children?
It probably goes without saying that most family law attorneys are not psychologists, mental health counselors, or child development researchers; however, family law attorneys do work to stay up-to-date on issues related to how family law and child development intersect and how we can help our clients help their children deal with two-home families. As family law practitioners we are always excited to see new research on how custody arrangements (called residential schedules in Washington) are impacting kids. A recent Time magazine article, “This Divorce Arrangement Stresses Kids Out Most” describes a recent Swedish study looking at different types of custody arrangements and how the arrangements affect children. Continue reading
Postsecondary Child Support – A Reminder
Spring in Western Washington is a time for rain, tulips, planting gardens, and planning for summer vacation. It is also a time for unmarried parents of high-school aged children (especially seniors in high school) to consider whether they will be looking to their child’s other parent for help paying for college or technical school. Some parents are surprised to discover that they can’t wait until fall, when their kids will actually start school, to deal with how their child’s postsecondary education will be paid for. Waiting for fall may be too late!
In most cases postsecondary child support is not included in the original order of child support, and it is instead reserved (or not addressed at all) for parties to deal with at a later date. Importantly, the later date must be prior to the end of the current order of child support. Most orders of child support terminate when the child turns eighteen or graduates from high school whichever is later. Parents should check their orders of child support to see when their order terminates.
It is important to note that postsecondary child support is not mandatory. Courts may refuse to order post-secondary support based on the circumstances of the child or the parents. When deciding whether to order postsecondary support courts look to RCW 26.19.090. This statute sets forth the standards for postsecondary educational support awards. The court in these cases must determine whether the child is still dependent on the parents. If the child is still dependent on the parents, the court is to determine whether to award postsecondary support, how much to award, and for how long support should be provided based upon the following factors:
Frequently Asked Questions – Part 2
To continue from last week’s post, here are more questions frequently asked by Washington clients involved in family law cases:
- Am I allowed to move?
When an unmarried parent wants to move they have to consider how their move may impact their relationship with their child. With that in mind, many unmarried parents come into our office wondering whether they are permitted to move. The short answer is usually yes. The longer (and more helpful answer) is that it depends. When we say that people can move, we mean that they do have the right to move. What they may not have the right to do is move their children. In general, if an unmarried parent wants to move within the child’s current school district, it will not be a problem and they are free to do so. However, if the move is outside the child’s school district boundaries, the move should be discussed with a family law attorney. In these cases some parents may be required to provide more formal notice, and may end up needing to go to court to ask the court to permit them to move with their children. Continue reading
Alternative Dispute Resolution in Family Law Cases
In many family law cases, the parties choose to use a dispute resolution method other than going to court. In some family law cases, parties are actually required to participate in the alternative dispute resolution process before they will be permitted access to the courts. No matter what the reason for participating in this process, there are many benefits to using the alternative dispute resolution process in family law cases.
By way of definition, alternative dispute resolution includes informal negotiations between the parties all the way to days of arbitrating before a professional arbitrator with both parties represented by counsel. Court orders sometimes require some level of alternative dispute resolution as a way of minimizing costs and resolving disputes without the use of the court system. Continue reading
Temporary Child Support
If children are involved in a family law case, there is sometimes a need for temporary child support. Fortunately, Washington State has a procedure for obtaining temporary child support. Temporary child support is child support that the court orders to be paid by one parent to the other for the benefit of the child(ren) during the pendency of the case. The request for temporary child support can be made at the same time as other initial pleadings in a case, or can be brought later as the need arises or as the party is ready to make such a request. Continue reading