Child Support, Parenting Plans

Spring has (almost) Sprung!

March 15, 2014 | by Blair & Kim, PLLC

As the weather warms and spring gets closer, many people take time to refresh and renew. Some people do spring cleaning and get rid of items they don’t need anymore. Others hit the mall to get some new spring and summer fashions. As family law attorneys, we’d like to remind you of some other things you might want to consider (or reconsider) as the season changes.

The first two considerations specifically relate to unmarried or divorced parents with children. If you have a child that will be graduating from high school in 2014 or 2015 it might be a good idea to consult an attorney about how (and/or if) you and the child’s other parent will afford college. There are time limits on when requests for post-secondary education expenses may be filed, so you want to be sure you know when the deadline in your case is, and that you file before that. (In many cases, the deadline is the expiration of the order of child support.) If your child will be graduating in 2014, you will want to consider this issue a priority! If you are going to speak with an attorney, you will want to do so as soon as possible.

The second consideration for parents is whether they have their residential time with their child planned out for summer vacation. Many parenting plans require that dates for residential time be communicated to the other party during the spring. This can vary, and some plans require it even earlier. This is also a time you might want to consider whether a modification of your parenting plan has become necessary. It might be possible to get a modified plan in place prior to summer break.

3 Ways the Improving Economy Affects Family Law

March 5, 2014 | by Blair & Kim, PLLC

A recent article on Bloomberg.com states that the divorce rate in America is rising alongside our improving economy. The article suggests that people stuck in marriages for financial reasons, are now able to leave in the improved financial climate. The changing economy definitely impacts our clients. Here are three changes we’ve noticed in the last few months:

Homes are more likely to be an asset. Before housing prices dropped, we would often see clients whose greatest asset was their home. Then, when the recession hit and housing prices dropped precipitously, clients were dealing with a home that was their greatest debt. Parties would argue over who got stuck with the house! Now, we’re back in a place where most of our clients’ homes are assets again.
Child support and spousal maintenance levels are likely to be higher. With an improved economy, there are many people with improved salaries and more assets. Unsurprisingly, this usually means that they will pay more in child support or spousal maintenance than they did when they made less, and had less.
People are employed. We’ve seen more of our clients with stable full-time employment in recent months. This is especially helpful as we try and help our clients plan for their financial futures post-divorce. It also impacts how parenting plans are designed. A parent at work may require more evening and weekend time, and less middle of the day time than a non-working parent.

As things continue to change in our local and national economies, we are prepared to help with all your family law issues. We stay abreast of the changing economic conditions, and how these conditions might affect our clients. Please contact us today.

3 Things to Consider Before Staying Together for the Kids

February 25, 2014 | by Blair & Kim, PLLC

Many people choose to stay in an unhappy marriage for the benefit of their children. This decision is extremely personal, and often admirable. However, as family law attorneys, we hope parties staying married for the sake of their kids consider these three things:

Spousal Maintenance: the duration of the marriage is one of the factors the court considers when determining whether to award maintenance (known in other jurisdictions as alimony). As the length of the marriage increases, it becomes more likely that the court will award maintenance, and for a longer duration. In addition, while the marriage is intact the non-earner spouse (or lower-earning spouse) will not necessarily be preparing for having to support themselves financially, leading to them needing more time to prepare for financial independence after divorce. This can have an impact on the maintenance provided to that person.
Quality and Quantity of Parenting Time: Many parents complain that during an unhappy marriage, their parenting was adversely affected by living with their spouse. In these circumstances, parents might find that their relationship with their kids actually improves after divorce. While children may not spend the night in your home every night as they do prior to divorce, many parents find that they have more quality time with their kids after separating from their spouse. A family law attorney can provide you advice on what a parenting plan might look like if you choose to divorce while the kids are still minors.
Property Division: Washington is a community property state, meaning that property acquired during marriage is presumed community. In most circumstances, the longer a marriage continues the more shared assets and debts are acquired. In some cases, property is acquired that one spouse cannot afford on their own. This can complicate divorce and put both parties’ financial futures in jeopardy.

None of these issues for consideration are meant to encourage anyone to get divorced. Divorce is difficult for people mentally, financially, and emotionally. That said, some people are staying together under false assumptions or misunderstandings. Even if you do decide to stay married for the kids, it is often in your interest to discuss how to manage your affairs while you stay married. If you are concerned about your marriage, and would like to speak with a Seattle area family law attorney, please contact us.

Sick Days and Parenting Plans

February 20, 2014 | by Blair & Kim, PLLC

Cold and flu season is upon us. Sick days caused by colds, flus and other illnesses can cause people to miss work, school and other engagements. What many people don’t think about is how sick days might affect their parenting plan. Parenting plans are supposed to provide a residential schedule that sets forth where the children will reside every day of the year. Most of the time residential schedules go as far as to outline where the child will reside down to the hour of the day. But, what happens if the child or parent is sick during their scheduled residential time?

Unless ordered otherwise, if the parent is sick during his or her residential time with the child, it is still that parent’s responsibility to care for the child, or arrange other care during their illness. That said, if the parents have a good relationship, and can agree (preferably in writing) that the well parent can care for the child until the sick parent is well, there is usually nothing preventing this.

If the child is sick, the parent scheduled to have residential time with the child is still responsible for the child. Again, if the parents have a good working relationship there is usually no problem with the parents discussing where the child would be most comfortable during their illness (for example avoiding making a child suffering through a fever transition from one house to the other). Parents can arrange for make-up time when the child is well.

What Happens to Child Support When Parents Share Residential Time with the Kids?

January 28, 2014 | by Blair & Kim, PLLC

Most people are familiar with the stereotypical “divorced dad schedule” for kids of divorce: every other weekend, and every Wednesday night for a couple hours. Times have changed. Nowadays, dads are often the primary parent. Even when they’re not the primary parent, dads are frequently receiving more time with their kids. There are families that have 50/50 residential schedules where kids are scheduled to spend equal amounts of time with each parent (or close to it). These schedules can be great for kids and parents, but they do lead to some interesting questions. One of the most frequently asked questions in these situations is: in a 50/50 residential schedule who pays child support?

This is a great question. Unfortunately, there isn’t always a certain answer. When kids spend a significant amount of time with the obligor parent (the one paying child support), a downward deviation may be requested. A deviation is an exception, or derogation from standard child support transfer amount (based on the Washington State Child Support Schedule). Deviations based on residential schedules are permitted under RCW 26.10.075(1)(d). That statute permits the court to deviate from the standard calculation if the children spend “a significant amount of time with the parent who is obligated to make a support transfer payment.” That paragraph continues, stating that this deviation may not be granted if the deviation will result in insufficient funds in the obligee’s home to meet the basic needs of the children. RCW 26.19.075(1)(d).

If the court determines that a deviation should be granted, the statute requires that in determining the amount of the deviation, the court consider evidence regarding increased expenses to the obligor parent and the decreased expenses of the oblige parent created by the residential schedule. RCW 26.19.075(1)(d). As an obligor parent, you would want to show that you have to provide clothing, an extra bedroom, sports equipment, meals in and out of the home, etc. You’d also want to show the savings that the obligee has because of the schedule (usually the reverse of the additional expenses you will have).

Four Things to Consider When Writing a Family Law Declaration

January 17, 2014 | by Blair & Kim, PLLC

Last week this blog discussed declarations. That post provided an overview of what a declaration is and how it might be used. This week we will get into some of the specifics. Here are four things to consider when drafting a declaration:

Know the Purpose: When you are providing an attorney with a draft of your declaration, make sure you know what purpose the declaration will be used for. Write to that purpose and include as many facts as you can that will help your lawyer represent you best.
Be Inclusive: It’s better to provide your attorney with more information than not enough. Your attorney can cut things out that won’t help your case.
Stick to the Facts: In most cases, the court isn’t going to be interested in your opinion. The court doesn’t need to know that you think the other party is a horrible person – they probably assume that you think that. Focus your time, energy, and pages on giving the court the facts. However, you may want to include the way you felt when something happened. This can make your story more relatable and more believable.
Admit your Mistakes: This point will definitely need to be discussed with your attorney, but there are times it is better to be upfront about a mistake you made rather than waiting for it to be brought up by the other side.

You will want to talk to your attorney prior to drafting your declaration. Each family and case is different and issues should be discussed with an attorney familiar with your unique facts and circumstances. We hope that this list gives you some ideas of things to discuss with your attorney prior to drafting your declaration.

Please contact us if you would like to discuss your family law issue with a family law attorney.

New Year, New Family Law Issue

December 30, 2013 | by Blair & Kim, PLLC

Happy New Year! We hope that 2014 brings you happiness and joy.

January is often a busy time for family law attorneys. Clients come into our office for all sorts of reasons. Some people come into our office having just suffered through a stressful, contentious holiday season, intent on making sure they never have go through it again. Getting an early start on their family law action makes it much more likely that they will be able to conclude the action prior to the next holiday season.

Other clients come in with a resolution to resolve their family law disputes. They may have a nagging need to adjust their parenting plan or modify their child support. It is almost always best to act soon, rather than wait until later to make changes. For example, if changes need to be made to child support the court will usually only adjust the level back to the date the petition for modification is made.

3 Ways to Make Your Parenting Plan More Age Appropriate

December 28, 2013 | by Blair & Kim, PLLC

As any parent knows, kids change over time. They grow bigger, stronger, more independent, and busier. As they change, it is often necessary for the parenting plan that schedules their residential time to change with them. Last week, this blog discussed flexibility within parenting plans, or within the families following (or not following) a parenting plan. Here we’ll discuss a few ways that parenting plans can address growing children’s changing needs.

First, the form parenting plan provides two paragraphs for planning the child’s residential time with each parent. The two paragraphs address the child’s schedule at two different ages. Paragraph 3.1 of the form parenting plan addresses the child’s residential schedule while the child is under school age. (School age is defined by paragraph 3.2 of the form [usually when the child starts kindergarten or first grade]). Paragraph 3.2 provides the residential schedule for school-age children. This provides families the ability to make two residential schedules within the plan itself. Parents often choose to have more frequent, but shorter visits for the non-primary parent when the child is under school age, and then visits of longer duration when the child is older. These decisions are (hopefully) dependent on the needs of the child and their families.

Second, layered into the existing form, you can also have an even more graduated approach. If the child is very young, the child may need to have very short visits during the first year or so, followed by longer and longer visits all while they are still in the “before school age” definition. Or, you may want to design a different schedule for elementary, middle school, and high school. While the pattern form is designed for two schedules, it is possible to add more than two if both families agree, or if one party convinces the court that it is necessary.

Flexibility in Parenting Plans

December 18, 2013 | by Blair & Kim, PLLC

When it comes to parenting plans, some clients prefer a plan that spells out where the child will be during every minute of every day. Some of these families go on to live that plan down to the minute. Other families hope for a more flexible plan. They might want the plan to be drafted so that the child resides with the father two days per week based on his preference, or the child’s preference. Maybe they want the flexibility to choose who takes the child to soccer practice, regardless of where the child is residing at the time. Flexibility can be great. If parents are willing to change plans and accommodate one another’s schedule, and that of the child, the child often benefits. For example, if both parents work together and are flexible, it often means the child can spend the most time possible with one of their parents, and less time at daycare or other third-party care.

That said, issues can arise if parents draft a specific and/or strict parenting plan, and then ignore the provisions laid out therein. Parents should be aware that continually working outside the parenting plan can end up being grounds for a modification of the parenting plan. This can also have impacts on child support. For example, if under the parenting plan the child is supposed to be residing with the father during the week and the mother every-other-weekend, but the parents later agree that the child should remain with the mother three days during the week plus every-other-weekend, the mother may have grounds to modify the parenting plan. If the parenting plan is modified, it may mean that the child support obligations also shift.

This doesn’t mean that you shouldn’t work with your child’s other parent, and be flexible when things come up. It does mean, that if you are not following the parenting plan in a substantial way, it might be a good idea to discuss with a family law attorney your parenting plan, and your current parenting circumstances. Flexibility is good, but protecting your time with your child is most important.

Relocating Across Town with the Kids

November 19, 2013 | by Blair & Kim, PLLC

Unmarried parents are often confused about their rights and responsibilities when they want to move their children, or if they want to stop the children’s other parent from moving the kids. For most families living under a court-ordered Washington parenting plan, there is a relocation statute that requires notice be given (except in limited circumstances) prior to moving the children. The type of notification (formal vs. informal) and other requirements (timing of notice, allowing time for objection of other parent) of notification vary based on whether the move is (1) out of the school district, or (2) within the school district. A lot of attention is paid to the notice required for a move outside the school district. There is a law requiring (in most cases) a formal notice of intended relocation. There is also a process that allows the other party to object to the proposed relocation. However, there are frequent instances where a residential parent merely wants to move across town to a new home or apartment. These types of moves often keep the children in the same school district (or even the same school). In these instances, residential parents often wonder what the law requires of them, and non-residential parents wonder whether they have any say in the decision.

RCW 26.09.450 requires that when the residential parent intends to move the kids within the same school district, the residential parent must provide actual notice to all people entitled to residential time with the child. According to that statue, the notice may be by any reasonable means. While “reasonable means” is a vague term (that can include verbal notice), it is usually advisable that a residential parent provide written notice. This reduces the chance that the non-residential parent will deny receiving notice. A copy of the notice you provide should be kept for your records. Many attorneys advise that this notice be sent by certified mail with a return receipt requested. The notice should likely include your new home address, phone number, and (if applicable) new school or daycare information. (Notice requirements are often different in cases involving domestic violence or other safety concerns.)

If you are the recipient of notice that your child’s residential parent is relocating within the school district, you are not allowed to formally object to the relocation. That said, in some cases an in-district move may be grounds for a modification of the parenting plan.