Child Support, Parenting Plans

Relocation

July 9, 2014 | by Blair & Kim, PLLC

We live in a world where people’s careers often require them to move to find work or allow their career room to grow. We also live in a world where many families are dealing with parenting plans and raising children in two separate households. Relocation actions are what happens when these two realities intersect.

Upon receiving a notice of relocation, non-primary parents are often shocked, hurt, and confused. Below please find a few notes about the relocation process. This is by no means a substitution for legal advice or a complete summary of the laws and procedures regarding relocations in Washington.

In relocation cases, timing is very important. Most of the time, notice should be provided by the moving primary parent to the non-primary parent sixty days in advance of the proposed move. RCW 26.09.440(1)(b)(i). After receiving notice of intent to relocate, a person has only thirty days to file an objection with the court. RCW 26.09.500. The objection is made by filing a form with the court (this is not the only way to provide notice of your objection, but it is the most common and perhaps most clear objection). If you do not object within thirty days, the move will be permitted by the court.

Children’s Personal Items – 3 Considerations

June 25, 2014 | by Blair & Kim, PLLC

When parents of minor children end their relationship, there are often questions regarding who gets to keep the children’s belongings. This issue is usually addressed during mediation or litigation, and resolved in the divorce decree. When it comes to the children’s bedroom furniture, it is often ordered that the kids keep their furniture at the home they will be spending the majority of their time. For more portable items, there may not be any mention of them in the decree, so parents have to figure these issues out on their own. Parents should consider the following:

For special items like teddy bears and other comfort items, it is often best to allow the child to bring the items with the child from house to house. This can make the transition easier, and give the child some consistency.
For clothes and hygiene items (toothbrushes, hairbrushes, etc.) it is best to have items at both houses. This avoids the risk that the child leaves the necessary items at the other parent’s home. We’ve had clients that even have coats waiting in the car so the child doesn’t bring his or her coat from house to house. This works for some families, but is unnecessary for others, who don’t mind sharing clothes.
Special gifts often present tricky situations. A parent may spend a substantial amount on a gift for a child’s birthday or other holiday, and want the exclusive right to watch the child enjoy that toy. That said, it can make the transfer to the other parent’s house difficult for the child. He or she may be really excited to play with the toy and want to bring it along. In these cases, it may be helpful to prepare the child for the fact that they will not be pemitted to bring the toy along to the other parent’s house – don’t leave it for the minute they are supposed to leave. In the alternative, it is sometimes worth it to allow the child to bring the object with them. If you are worried about getting it back, it is helpful to get written agreement from the other parent that they will send it home with the child at the end of their residential time.

Transferring from one home to another can be tough on kids. Consider your kids’ best interests when you decide how to handle their personal belongings. If you have children and are facing divorce, pleasecontact us.

Summer Residential Schedules

June 15, 2014 | by Blair & Kim, PLLC

Summer vacation has already started for many Washington children, and will be starting soon for the rest. For children of unmarried parents, this often means a change in their residential schedule. During the summer, kids may be spending more time with the non-primary residential parent at his or her home, or they may be vacationing with one or both parents. This can also mean changes in childcare and extracurricular activities.

Parenting plans can help families plan how summer break will be handled. Some families choose to have summer schedules that mimic their school year residential schedules. This is most common in families where both parents are local, and both parents work during the summer. For these families it can make the most sense to have the school year schedule continue year-round. This avoids unnecessary changes for the children and maintains frequent contact with both parents throughout the year.

Other unmarried parents have plans that schedule the children to reside the majority of the summer with a parent living far away from the child’s usual residence. This allows the children to have substantial time with the non-local parent without missing school or compromising their extracurricular schedule. It can be difficult for the child to be away from the primary residential parent. Frequent communication between the primary residential parent and the child should be encouraged.

What Happens When a Parent Doesn’t Follow the Parenting Plan

May 15, 2014 | by Blair & Kim, PLLC

Most parenting plans are not strictly followed all of the time. In fact, some parenting plans contain provisions for times when the parents may agree to not follow parts of the parenting plan (in which case their behavior is not a violation at all). Many times, the failure to follow the parenting plan is by agreement of both parties, and in the best interest of the kids. For example, if the child becomes ill during one parent’s residential time with the child, the parents may agree that the child should remain with that parent, rather than having to move to the other parent’s house (in compliance with the parenting plan’s residential schedule) while ill.

In most cases, and especially when done by agreement of the parties, violations of the parenting plan are never addressed by attorneys or the court. However, in circumstances where one party violates the parenting plan without the agreement of the other party, and the violations are frequent and/or serious, a parent may need to ask the court to enforce the parenting plan on their behalf. Here are some options for a parent dealing with the other parent’s noncompliance:

Do nothing. As stated previously, a parent may always choose to do nothing. If the violation does not bother you or your child, you do not have to do anything. (If the parent chooses to do nothing, they do risk that they could later be found to have acquiesced to the change in the parenting plan, providing the other party a case for modification.)
Seek the assistance of a lawyer who can draft a demand letter. In some cases, a firmly written letter to the other party demanding their compliance with the plan is enough to end the violations.
File a motion for a modification. If you believe these violations of the parenting plan create grounds for a modification (this is an issue that should be discussed with an attorney), you may file for a modification of the parenting plan. The modification should seek to end the violation of the parenting plan.
File a motion for contempt. If a motion for contempt is granted the court will have the ability to redress the violation. The court may order the violating parent to provide the other party with make-up time with the child. It may order that visitation be temporarily suspended. The court may also order the violating parent to pay the other parent’s attorney fees.

Please note, if you ever feel that you or your child’s safety is in immediate danger call the police and seek their assistance.

Who’s to Blame? Does it Matter?

May 2, 2014 | by Blair & Kim, PLLC

In some states determining whose fault it is that the marriage ends is a necessary part of the dissolution process. However, in Washington it is unnecessary to show who is to blame. A divorce may be ordered by the court without establishing that one party is at fault. In the majority of cases fault is also irrelevant to the property division, order of child support, and the parenting plan. There are, however, some circumstances when the behavior of one party during the marriage can affect the dissolution proceedings:

Parenting – A spouse who acts in a way that could threaten the health or welfare of the children should be aware that his or her behavior could affect the parenting plan. If the divorce was caused by one parent being abusive, using drugs, or otherwise living in a way that could compromise the safety and/or security of the children, then who is at fault in the divorce may become relevant.
Property – In limited circumstances, a party’s behavior during marriage can affect the property distribution and/or spousal maintenance. If it is found that one spouse used marital assets in a way that had no chance of benefiting the community the court may consider this when dividing assets. In determining spousal maintenance, the court may look at the behavior of the spouses during marriage.
Child Support – It is unlikely that the court will consider spousal fault in determining child support. However, if the spouses divorce because of one spouse’s failure to contribute to the family finances, this may become relevant to determining child support. In most cases, the parents’ income determines child support. In circumstances where one parent is unemployed or underemployed, the court has to set a child support level based on an imputed income.

It is important that you discuss with your attorney the reason that you and your spouse are divorcing. While it will not determine whether you can get divorced in Washington, it may impact other areas of your dissolution case.

Please contact us if you’d like to set an appointment.

Do Washington Laws Favor Mothers over Fathers?

April 28, 2014 | by Blair & Kim, PLLC

Many divorcing parents come into our office assuming that they either have an advantage or disadvantage in parenting plan issues because of their sex. Fathers often think that the court is going to award the mother more residential time with the children than they receive merely because they are men. Mothers sometimes assume that they won’t have to do much to show what kind of parent they are because the laws favor them in issues of parenting. In reality there is nothing within the parenting plan laws in Washington that favors one gender or the other. In fact, the laws are intentionally drafted to apply to either spouse regardless of gender.

That said, there is a reason why parents come into our office assuming that Washington laws benefit women in parenting issues. Washington laws favor the historical primary caretaker of the children. Although times are changing and fathers are becoming more involved in the lives of their children, in most families the primary caretaker of the children is still the mother. That means in most circumstances it is the mother that ends up being the primary parent.

Regardless of whether we are representing a mother or a father, we prepare to represent our clients regardless of their gender. Parents should know that it is not their gender that predicts the time they will have with their kids after a parenting plan is entered in court. Instead, it is usually based on the role each parent has played in the child’s life.

What to do when you are Served with a Divorce Petition

April 7, 2014 | by Blair & Kim, PLLC

When a person is served with a divorce petition they are often left feeling afraid and unsure of what to do next. There are a few things that should be done within a few days of being served with divorce papers:

Read every word of every document you are served with.
Repeat step number one until you feel like you understand what the documents mean.
Make an appointment with a family law attorney in your area. Be sure to advise the person you are setting your appointment with that you were served with a petition (and any other documents that were included). Provide the appointment-setter with the date you were served, and when you must respond to the petition by. It will usually be twenty days from the date you were served.
Spend the time between when you are served and your appointment going through all your affairs. Make copies of documents related to your assets, debts, children, income, and your spouse’s income. Keep the copies well organized and ready for reference at your first appointment.
Create a list of questions you want to ask the attorney at your first meeting.
At your initial meeting with an attorney you will want to discuss the three (more likely only the first two) options you have in responding to the petition: (a) you may respond with a response to petition; (b) you can respond with a counter-petition asking the court for different relief than that requested in the petitioner’s petition; and (c) you can do nothing. In most cases, this is the worst choice you could make. It can result in a default judgment in favor of the petitioner without the court hearing your side of the story.

As you can see you do have options when you are served with divorce papers. You can choose to hire an attorney, or choose to represent yourself. You can choose to complete a response to the petition or a counter-petition. In most cases, the only thing you shouldn’t do is nothing. If you do nothing you may lose rights and benefits you didn’t even know you have. The effects of having a judgment entered without your input are likely to be detrimental and enduring.

If you have been served and you want to discuss your case with a Seattle family law attorney, please contact us.

Where to File Your Family Law Action

April 2, 2014 | by Blair & Kim, PLLC

Jurisdiction is the power of a court to make decisions regarding an issue or case. In family law, questions of jurisdiction can be very simple, extremely complex, or somewhere in between. For example, if the parties (to a family law action) have children and all involved parties and children live in Washington (and the children have been in the state for six months), Washington courts will have jurisdiction. Unfortunately, things are not always this simple. Family law actions are often precipitated by one parent and/or spouse moving out of the state. So where is the proper place to file if the parties live in two different states?

Jurisdiction over most family law cases is governed by RCW 4.28.185. This permits Washington courts jurisdiction over nonresident parties (i.e., parties living outside the state) if the nonresident party may have conceived a child in the state, lived as a married couple in the state, agrees to jurisdiction in Washington, or if the petitioning party still lives here or is a member of the armed services stationed here. Please note, even if the court does not have personal jurisdiction over the nonresident party, the court may still dissolve the marriage of the parties, but it will be unable to divide property and liabilities.

Jurisdiction in cases involving child custody is governed by the Uniform Child Custody Jurisdiction and Enforcement Act. This act requires that jurisdiction over initial custody determinations be made by the child’s home state. (The home state may decline jurisdiction if Washington is deemed a more appropriate forum.) The home state is the state where the child has lived for six months prior to the filing of the action. (If the child is under six months of age then the child’s home state is where the child has lived since birth.) The issue of jurisdiction can be further complicated if the child and both parents are no longer present in the state that would otherwise be deemed the child’s home state, but the child has not been in a new state long enough to create a new home state.

Picking Your Battles After Divorce

March 25, 2014 | by Blair & Kim, PLLC

During marriage, many people say that they have to pick their battles with their spouse. They say that in everyday annoyances they choose to let it go and choose not to “battle,” but in bigger, fundamental issues they choose to discuss, argue, and (hopefully) work it out. While it may seem that the time for this type of decision making ends when the marriage does, it can actually be even more important to carefully choose your battles after the marriage has ended.

Here are a few things that should be considered when deciding whether to battle or let it go:

Compare the Problem to the Potential Solution. Sometimes a client comes in with an underpayment of $500 for a one-time cost that the other party should have shared with them. They want to go to court and ask the court to require the other party to pay. While we understand this inclination to seek justice, in some circumstances the amount to be gained, is less than the resources that could be expended going to court. (That said, see number two) In those circumstances, it is sometimes advisable to let the issue go.
Consider the Intangibles. Sometimes it is important to involve the court in your dispute so that you set a standard of compliance with the orders. If your child’s other parents is continually late with child support or maintenance, but you always end up getting paid, it might still be worth bringing this to the court’s attention merely because of the message it communicates to the other party. In some instances it is important that the other party know that you will not tolerate continual misfeasance.
Think About the Kids. If you have children, it is important to think about the possible adverse effects that might arise from taking the other party to court. I recently consulted with a client that had a great co-parenting relationship with her former spouse. She then told me that he had failed to pay his portion of a childcare bill amounting to a few hundred dollars. We discussed the potential benefits and disadvantages of the suit. She believed that bringing her children’s father to court would sour their relationship. We discussed the importance of keeping written record of his failure to pay, but eventually she decided that ruining their co-parenting relationship was not worth a few hundred dollars.

This is only a brief list of things to be considered prior to bringing a party back to court for failure to comply with a court order, or for other reasons. If you are considering bringing your former spouse back to court and you would like to discuss the issue with a family law attorney, we’d be honored if you chose to contact us.

Residential Schedules in Unconventional Circumstances

March 20, 2014 | by Blair & Kim, PLLC

On this blog, we’ve previously discussed the ways that a parenting plan can adjust to the needs of children as they grow and change. Parenting plans can also be drafted to fit the needs of the parents. This can include work schedules. Our clients are not all 9-5 employees. Some work nights, some work swing shift, others work schedules that require them to work several days in a row and then take several days off. For unmarried parents with these types of schedules, more conventional parenting plans may not work.

Some people aren’t aware of the ways a parenting plan can be written to fit their life. For example, instead of having the kids every other weekend, plans can include provisions that adjust based on the work schedule of either or both parents (perhaps providing one parent three weekends in a row, then the other two weekends in a row). As another example, families working night or swing shifts might prefer having their residential time with their children start in the morning following their shift instead of in the evening after school.

It is our goal to draft parenting plans that fit our clients’ families. We work to ensure that we know our clients, and how their work schedules might affect their time with their kids. Please contact us if you’d like to discuss your parenting plan or other family law issue.