Divorce

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.

How the Increase in Home Values Might Impact Your Family Law Case

August 11, 2014 | by Blair & Kim, PLLC

The Seattle Times recently published an article stating that house prices in Seattle have finally rebounded to (and surpassed) house values before the market crash of 2007. This is good news for homeowners. This includes most homeowners facing dissolution proceedings. Here are a few ways the increase in house values may affect your dissolution case.

Real estate will be viewed as an asset not a liability. For the past seven years we have been dealing with houses that have little or no equity, and as such are often viewed as a liability not an asset. Instead of leaving the house and equity to the less-economically-advantaged spouse, the house was often left to the more-economically-advantaged spouse, because in many cases that was the only spouse that could afford the house and the debt (and it would not be possible to sell the home for the amount owed on the home). Now, with more homeowners having equity, it will be more likely the court will award the home to the spouse most in need of the equity – or the place to live.
Refinancing will be easier. Prior to 2007 it was common to have a property settlement agreement or decree of dissolution require that whoever received the home refinance and remove the other spouse from the mortgage on the property. After 2007, this became more difficult. In many instances, homes were worth less than the loan and requests for refinance were refused. This meant that some former spouses were required to continue being responsible for debt on a property that no longer belonged to them.

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.

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.

Postsecondary Education Expenses – 3 Considerations

June 20, 2014 | by Blair & Kim, PLLC

Parents of high school students planning on heading to college or technical school after high school often spend part of their summer looking at colleges, or helping kids prepare for the SATs. Parents may also spend some of their time planning on (or worrying about) how they will pay for their children’s education. For a parent of a high school student not married to child’s other parent, there is also the consideration of how to share the cost of the child’s education with the other parent.

A parent may choose to ask that the court require the other parent to contribute to the child’s educational expenses. If the parent is considering doing so, he or she should do the following:

Review RCW 26.19.090. This statute provides the things the court will consider when determining whether postsecondary support should be awarded. It is a good starting point for anyone considering requesting postsecondary support.
Gather Information and Documentation. After your review of RCW 26.19.090 is complete, you should start to gather documents that could help you prove that your child is intending to and capable of attending an accredited school, and that the child is dependent on you and the other parent. You will also want to gather documentation and information relating to any of the factors discussed in RCW 26.19.090(1).
Consider the Timing. If your child is not yet applied to any post-secondary school, it may be difficult for the court to determine the costs to be apportioned. It may be best to wait until your child has made a decision about what to do after high school. However, it is very important that you seek postsecondary support prior to the order of child support terminating. In most cases, child support ends when the child turns 18 or graduates from high school, whichever is later. You must file your action for postsecondary support prior to that event occuring.

It is generally in your best interest to discuss your likelihood of success in a postsecondary case with a qualified attorney prior to filing anything with the court. If you live in the Seattle area, and have any questions regarding family law, we would be happy to speak with you.

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.

Three Washington Laws Every Divorcing Person Should Consider

June 7, 2014 | by Blair & Kim, PLLC

If you are contemplating or experiencing a divorce, it is important that you are aware of Washington State Laws and how they might affect your divorce proceedings. Here are three laws that you should review and why they might be important to your case. This is just a brief look at Washington laws, and an attorney can assist you with a more in-depth review.

RCW 26.09.080 – This statute is important because it provides some of the factors that the court will look to when determining how marital property will be divided. The list of factors is not an exclusive list, and the court will consider other relevant factors not listed within the statute.
RCW 26.09.090 – This statute provides the factors the court will consider when determining whether to award spousal maintenance (commonly known as alimony). These factors are also used to determine how much maintenance to order, and for what duration maintenance should be ordered.
RCW 26.09.187 – In dissolution cases involving children, this can be the most important statute of all. Paragraph 3 of the statute provides the factors the court must consider when determining the proper residential schedule for the children. The statute requires that courts give the first factor the greatest weight.

If you would like to speak with a Seattle area divorce attorney, please contact us. We would be happy to discuss these laws and all others that might impact your case and your life.

Stepparent Adoption

June 1, 2014 | by Blair & Kim, PLLC

In some blended families, stepparents take on the role of a primary parent. In these cases, the stepparent and his or her spouse often want to protect that stepparent’s relationship with the child. If the child’s other parent is willing (and sometimes even when they are unwilling), some stepparents choose to adopt the stepchild as their own. Stepparent adoptions are usually simpler and quicker than other adoptions. That said, all adoptions have significant emotional and financial implications, and all issues should be considered prior to deciding whether stepparent adoption is right for your family.

To accomplish a stepparent adoption, the child’s relationship with one of his or her biological parents must be legally terminated. In most stepparent adoptions, this is done by consent of the biological parent, but can also be done if the biological parent’s rights are terminated involuntarily. If the child is over 14 years of age, the child’s consent will be required for the adoption to proceed. See RCW 26.33.160(1)(c). While a pre-placement report will not be required in most stepparent adoption cases, a post-placement report is always required. RCW 26.33.220. After the post-placement adoption is completed, a hearing can be noted to enter the final decree of adoption. After the stepparent adoption, the adopted parent (formerly stepparent) will have the same rights to the child as any adoptive parent would. Should the biological and adoptive parent every end their marriage, the adoptive parent will retain parental rights to his or her adopted child.

If you are considering a stepparent adoption, or if your child’s other parent is requesting that you permit their spouse to adopt your child, you should speak with a family law attorney about your options. We would be honored if you chose to contact us.

June 30, 2014 – What Will It Mean for State Registered Domestic Partners in Washington

May 24, 2014 | by Blair & Kim, PLLC

When it passed, Referendum 74 made same-sex marriage legal in Washington State. Along with providing equal rights to marriage to same-sex couples, this referendum changed domestic partnership law. After June 30, 2014, pursuant to RCW 26.60.030, to enter a state registered domestic partnership two people must meet the following requirements:

They must share a common residence;
Both must be over 18, and one must be at least 62 years of age;

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.