Child Support, Parenting Plans

What to do When Child Support is Not Being Paid

January 21, 2015 | by Blair & Kim, PLLC

If child support is not being paid as set forth in a valid court order there are a few steps that may be taken to obtain child support. First, in almost all cases (excluding those involving a protection order or restraining order), the unpaid party should provide the other party with written notice of any unpaid support. This notice should set forth the amount owed, and ask that the other party pay. In some cases, written notice to the other party is all it takes to obtain payment for overdue support. The notice can also be beneficial if your case ends up in court, as it can be used to show the court that you tried to solve the problem without involving the court. If the party will not pay after notice has been given, the party receiving maintenance has options as to the next step.

One option is to contact the Division of Child Support and see what services they can offer to help you obtain back support. Another option is to (with the assistance of an attorney, or on your own) file a motion for contempt. If, after reviewing the evidence and the arguments of the parties the court agrees that the paying party is in contempt, the court may reduce the amount owed to a judgment and garnish the wages of the party in contempt.

Motions for Contempt in Family Law Cases

January 5, 2015 | by Blair & Kim, PLLC

What happens when after orders are entered in your family law case, the other party violates the order? In some cases, you can file a motion for contempt and ask the court to enforce the order. A motion for contempt can be appropriate in the following circumstances: one parent fails to allow visitation as required by the parenting plan, one parent will not return the child to the other at the end of the visitation, one parent fails to encourage the child to comply with the parenting plan. A motion for contempt may also be appropriate if child support or spousal maintenance are not being paid as ordered. Furthermore, contempt motions may be used to require the other party to give you property awarded to you by a court order. Motions for contempt may also be necessary to enforce temporary orders or other permanent orders.

If you are considering filing a motion for contempt, you should be sure you have adequate grounds to do so. In most cases, this means speaking with a family law attorney about the orders that have been violated and your best method of redress. In many cases, an attorney will recommend that you remind the other party of the order (in writing) and ask that the other party comply. The attorney will also probably advise that you keep records of these requests and any other documentation necessary to prove that the orders were violated.

If the court finds that the other party is in contempt, it can order a number of remedies depending on what type of order was violated. That said, in addition to whatever remedy is obtained, if the other party repeatedly fails to comply with court orders, an order of contempt can create a record of these actions. In some cases, if there are multiple findings of contempt (or even only one finding), the court may provide additional remedies to ensure that the order is not violated again.

Can My Former Spouse’s New Love Interest Spend Time With My Kids?

November 14, 2014 | by Blair & Kim, PLLC

Parenting plans are often drafted while both parents are single (or on their way to being single). As they negotiate their plan, the parents consider their lives as single parents. They want to discuss how much time they will have with their kids, and what holidays they will not have their kids. One issue that few parents bring up is how to address the other parents’ new significant others. Once they start thinking about it they usually have two concerns: (1) parents often worry about their kids being introduced to the other parent’s significant other too soon, and thus experiencing a revolving door of significant others, or (2) parents worry that the children will now spend all their time with the new significant other, rather than their parent. Here are two ways that some parents choose to address their concerns:

Right of First Refusal: This is a potential way to limit the time the children may spend with the parent’s significant other (or anyone else other than the parent for that matter). This is usually accomplished by including a clause within the parenting plan that requires that if the children are to be with someone other than the parents (or another agreed upon adult) the parent not scheduled to have time with the child shall have the right to choose to have the kids with them, or may refuse that time and the kids may go to someone else of the residential parent’s choice (in the present example, his or her significant other).

Limitations on Introductions: Parents can choose to set limitations within the parenting plan as to when significant others may be introduced to the children. They may say that the parent must have known or dated the person for a certain length of time prior to meeting the kids.

Thanksgiving Schedules and Parenting Plans

October 15, 2014 | by Blair & Kim, PLLC

After Halloween, Thanksgiving will be right around the corner. This holiday is included in Washington’s Parenting Plan Pattern form. Parents can choose to modify the form to schedule the holiday in a way that makes sense for their children (in rare circumstances, the court may choose to overrule the parents’ decisions). For many two-home (i.e., unmarried or separated parents) families this means the children will spend the Thanksgiving holiday with only one of their parents. And, some parents will be spending the holiday without their kids. Families choose to schedule the Thanksgiving holiday in a number of ways. Here are some of the ways two-home families choose to schedule their Thanksgiving holiday.

Only the Thursday. Some parents choose to schedule the Thanksgiving holiday as just one day. The child (or children) will be schedule to reside with one parent for Thanksgiving Day and then the child will resume their normal holiday schedule. This is generally the default.
Thursday through Friday. In this schedule the child is with the parent scheduled to have the child for the Thursday Thanksgiving and following Friday. This means that the child returns to the normal residential schedule for the weekend.

3 Ways Religion May Impact Your Parenting Plan

October 7, 2014 | by Blair & Kim, PLLC

Parenting plans plan the schedule for your child for every day (and even every hour) of the child’s life. Well written parenting plans should reflect the needs and interests of the child and the child’s parents. This includes the religious beliefs of the involved parties. Here are three areas of Washington State parenting plans that may be affected by the parties’ religion(s):

The holiday schedule. This one is pretty obvious. Many religions celebrate (or abstain from celebrating) certain holidays. The parenting plan should reflect this. If both parents celebrate the same holidays, most plans alternate the schedule to have the child with one parent one year, and the other parent the following year. If the parents celebrate different holidays (for example Christmas and Hanukkah) many plans have the child spending the holiday with the parent that celebrates (in the case of Christmas and Hanukkah, the priority would have to go to one holiday each year in case of a conflict).
The other section. Some families choose to add other directives to the parents in the other section. They might choose to include religious dietary choices (like feeding the child vegetarian, participating in fasts, or avoiding certain meats). This section may also include the choice of religion the parents have made for the child and an agreement to take the child to church.
Decision making. The parents may choose to designate (or the court may order) one parent to make religious decisions for the child. This means the designated parent will have the ability to choose the child’s religious involvement.

If you or your child’s other parent is religious, it is important that you advise your family law attorney of this information. The more information you provide your attorney regarding how you plan to raise your child, the better your attorney can draft a parenting plan tailored to your child’s needs.

If you have questions about your parenting plan, or any other family law issue, please contact us today.

Halloween in Two-House Families

October 2, 2014 | by Blair & Kim, PLLC

For many unmarried parents, the most difficult part of sharing residential time with their child’s other parent is the holidays spent away from their children. While you may not be able to celebrate with trick-or-treating, there are other things you can do to make the Halloween season special. Here are some ideas for celebrating Halloween when you won’t be with your children on the evening of October 31st:

Make a special event out of decorating for Halloween. Make a special Halloween-inspired dinner.
Take your kids to Great Wolf Lodge, or another place that has a month-long Halloween celebration.
If your work offers a Halloween celebration for kids on a day other than the 31st, see if you can arrange (with the child’s other parent) bringing your child to your work-sponsored event.
Let your child dress up in their costume on another day in October and bring them trick-or-treating at family members or friends’ homes (warn friends and family in advance so they are prepared).
Watch a fun Halloween movie with your kids – costumes optional.
Throw a kids Halloween party while you have your child.

While you will probably still miss your kids on October 31st, these ideas can help you and your kids celebrate the season in a fun and special way.

If you have any questions about your parenting plan, holiday schedule, or other family law questions. Please contact us.

Initialisms in Family Law

September 8, 2014 | by Blair & Kim, PLLC

When confronted with a family law case, clients are often confused by terms and abbreviations used by lawyers and/or the courts. This article attempts to help explain some of commonly used abbreviations. There are some frequently used initialisms in family law. Here is a list of commonly used initialisms, and their meanings:

RCW (Revised Code of Washington): The RCW is a compilation of Washington laws. It is the source of most of the laws involved in Washington family law cases. The laws included in the RCW are adopted by the Washington legislature. Another source of laws that commonly affect family law cases, is case law created by the courts.
UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act): This act provides laws for jurisdiction in parenting cases. This act is important in cases involving children. The UCCJEA has been adopted in every state.
WSBA (Washington State Bar Association): The Washington State Bar Association is the organization empowered to license and regulate Washington attorneys. It is also a place where people can find the disciplinary history of attorneys.
UISFA (Uniform Interstate Family Support Act): This act was adopted by Washington in RCW Chapter 26.21A. It provides rules for cases involving parties living in different jurisdictions at the time of initial child support disputes and continuing child support litigation. It also provides jurisdictional rules related to spousal maintenance cases. The act also outlines the procedure for registering a foreign support order for enforcement in Washington.
TRO (Temporary Restraining Order): A temporary restraining order is frequently referred to by the abbreviated version TRO. TROs are temporary orders that are usually ordered at the beginning of a family law case. They restrain one or both parties from certain activities. The orders usually last until a final order is entered.

If you would like to talk to a Seattle area family law attorney, please contact us today.

3 Issues to Think About When Considering Appealing a Family Law Order

August 20, 2014 | by Blair & Kim, PLLC

There are people who walk away from a family law trial or hearing feeling like justice was not done. They may feel like the judge was unfairly biased, that the other party was awarded too much money, or that the order makes for an otherwise unworkable result. In these circumstances, people are often wondering what their options are. There are a few ways to appeal a family law decision. One option is to ask the courts to reconsider its decision. Another is to ask for a revision. There are other methods to seek a change to orders that may be used in certain circumstances. Regardless of what type of appeal you are considering, it is usually a good idea to think about the following:

1. Timing. There are limitations on when motions for appeals may be brought. It is important that your appeal is filed prior to the deadline. If you do not appeal in a timely fashion you will lose your opportunity to do so.

2. Cost. There are times that the cost of appealing a court order is not worth the benefit you would receive from successfully doing so. If there would be significant legal costs associated with your appeal, and only a limited gain if you are successful, it might not be worth pursuing.

Who Decides What Extracurricular Activities the Kids Can Participate In?

August 13, 2014 | by Blair & Kim, PLLC

When parents are in a committed relationship (like marriage) they usually discuss and agree on what extracurricular activities the children participate in. Parents consider whether their household can afford the activities, whether the activities are safe, and how much say the child will have regarding whether to participate. Extracurricular activities can include everything from chess club, sports, ski bus, or boy scouts. Decisions regarding extracurricular activities (especially those on an ongoing basis) can have major impacts on the child’s schedule and the parent’s pocketbook. As you can imagine, these decisions can be especially difficult in families where the parents are living separate and apart.

Sometimes, the parenting plan and/or child support order dictate the decision making process for extracurricular activities. It might dictate how the parents split the costs of the extracurricular activities, or how many activities a child may participate at a time. However, in most cases the plan and order say little about extracurricular activities beyond apportioning the cost of such activities between the parties. This often leaves the parties with little guidance when deciding whether a child may participate in an activity. Here are a few considerations for a parent (who is not married to the child’s other parent) thinking of signing a child up for these activities:

Consider the child’s residential schedule. When deciding whether to sign a child up for an activity, look at when the activity is supposed to take place, and then compare that to the child’s residential schedule. If all the meetings are on Wednesday nights, and the child is not scheduled to reside with you on Wednesday night, you will probably need the other parent on board in order for the child to participate.
Consider the cost. Does the order of child support give any guidance as to how the costs should be shared, or is the parent who signs the child up solely responsible? These are important considerations if you are living on a budget. You will also want to make sure that you don’t need the other parent’s consent prior to signing the child up for an activity that you would like to share the cost of.
Consider asking for agreement even if you don’t have to. Sometimes, even where the orders don’t require it, it is best to ask the child’s other parent whether they will agree to the child participating in an extracurricular activity. If a child has expressed interest to you, they may have told the other parent too, and that parent might be happy to share the burden and expense of the extracurricular. *This is obviously not advisable if there is any order restricting communication between you and the other party.

If you are considering terminating your relationship with your child’s other parent, it is probably in your best interest to speak with an attorney about how participation in extracurricular activities will be decided and afforded. If you have questions about this or any other issue, please contact us.

Special Considerations for Special Kids

August 1, 2014 | by Blair & Kim, PLLC

We all know (and probably love) a child that does not have typical abilities, or who struggles with certain areas of life. These kids face challenges that typical children do not and as such have different needs. Working in the field of family law it is important to consider the specific needs of children that have special needs. In most instances, families with a special needs child will need a parenting plan that addresses that child’s special needs. They also may need an order of child support that is able to deal with the child’s special expenses. Here are 3 things parents with a special needs child may want to consider while facing a family law case involving that child:

Special Expenses: Does your child have special needs that may cause additional expenses outside of the normal cost of raising a child? Perhaps this relates to their medical needs, their occupational therapy, or increased costs of retrofitting equipment or clothing. These additional expenses should be discussed with your family law attorney. RCW 26.19.075 allows the court to grant a deviation to the standard child support level for high expenses related to the special needs of a disabled child. RCW 26.19.075(1)(c)(iii).
Parenting Plan: In addition to speaking with a family law attorney, unmarried or divorcing parents who are creating a parenting plan should consider speaking with someone who has expertise dealing with children with their child’s specific special needs. That expert may advise parents on the best way to help the child transition or thrive in a two-parent household. If the court is asked to rule on the residential schedule of a child, the court will consider the developmental level and emotional needs of the child. RCW 26.09.187
Long-Term Financial Support: In some circumstances, a special needs child will continue to have special expenses after the child has reached adulthood. If you have a special needs child who is nearing adulthood, it is important to speak with your family law attorney about whether you may continue to collect child support from the other party if your adult child will continue to need care.

If you have a special needs child, it is important that you make your attorney aware of that child’s abilities and special needs and expenses they may have. Your family law attorney can advise you on the proper way to ensure that your order of child support and parenting plan address your child’s special needs. Please contact us if you would like to discuss this or any other family law issue with a Seattle family law attorney.