Seattle Attorneys BlogIt 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
Articles Posted in Divorce
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
Frequently Asked Questions – Part 1
In family law, we see a wide variety of cases; family law cases can vary as much as the families involved in the cases do. That said, there are some similar issues and questions that come up in our cases. This is a FAQ list for Washington State family law cases. Continue reading
An Overview of Legal Separation in Washington State
Many people that come into our office hoping to “legally separate” from their spouse are unsure what being legally separated actually means. In many cases, when we explain what a legal separation is, people decide that a legal separation is not what they are looking for. In many cases, they opt instead to file for dissolution of marriage and file temporary orders during the pendency of the proceedings. This article attempts to provide some basic information on the legal separation process, and why some people choose it over divorce.
Valuing Property as Part of Your Divorce Case
Most divorces include the division of property. In some cases, especially those with limited assets, this can be a very simple, straightforward process. However, in cases involving complex assets, especially those of high-value, the process can be much more complicated. In these more complicated cases, it may be necessary to hire experts and obtain formal appraisals. 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
3 Circumstances When You Should Speak with a Family Law Attorney
Sometimes people wait to consult with a family law attorney until after their case has progressed too far and there are less options for an attorney to use to help them. Obviously it is best that you speak with a family law attorney whenever you have questions about how the law might impact your family structure or family finances, but we recognize that this is not always possible. That said, there are circumstances under which you should make an extra effort to consult with a family law attorney. Here are a few circumstances under which we strongly recommend that you speak with a family law attorney if at all possible: Continue reading
How to Divide Retirement Assets
Retirement assets can be a substantial part of a couple’s financial portfolio. This is especially true for couple’s that have worked a long time in their careers and those nearing retirement age. In many cases, the division of these assets is necessary to effectuate a just and equitable division of the marital assets (as required by RCW 26.09.080). When we address retirement assets with our clients, many are concerned about the tax consequences of such a division. They worry that the division of the retirement asset may be treated as a withdrawal and taxed and/or penalized accordingly. The division of retirement assets may be a bit more complicated than the division of other types of assets (like bank accounts, real property, and personal property), but with an experienced family law attorney there to help you, it need not be overwhelmingly difficult.