Seattle Attorneys BlogRetirement 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.
Articles Posted in Family Law
Discovery in Family Law Cases
The discovery process is one of the most important parts of many Washington family law cases. The discovery process is the process by which both parties in a family law case obtain information and/or documentation from the other party or third parties. During the process many different types of information may be obtained using several different discovery methods. A family law attorney can help a client develop a discovery plan that properly fits the needs of their case.
One method of discovery is interrogatories directed to the other party. “Interrogatories” is the word we use for questions asked of one party of a dispute. The questions may be simple and the answers may provide only specific facts, or they can be more complicated and include multiple parts. In some counties there are limits on how many Interrogatories may be sent to the other party.
How to Save Money in Your Family Law Case
Most people that hire attorneys to represent them are concerned about how much they will be spending on their attorney and other court fees. While good representation is invaluable when so much is at stake, there are ways that you can reduce your legal costs without sacrificing having the best representation possible. Here are some ideas we have for our family law clients: Continue reading
What to do When Child Support is Not Being Paid
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.
3 Links that are Important for a Person Dealing With a Family Law Case
Sometimes people want information about the dissolution process prior to speaking with an attorney. There are links available that can give these people a general idea about the process and the laws that will affect their case.
- The Superior Court Civil Rules link is here. These rules dictate how court procedure will take place in Washington Superior Courts. It is also important to know the local rules for your county. The link to a list of local court rules is here. These rules will also be important to your case. Many counties have rules that relate specifically to family law cases.
- Some of the forms used in the dissolution process are located here. Many people find it useful to review the forms that will be used in the case they are planning to file (or respond to). The forms can also give them an idea of what types of information they need to prepare to provide their attorney.
What is Venue, and How Could it Affect My Family Law Case?
If Washington State has jurisdiction over a dissolution case and the involved parties, the next question is usually which county to file the dissolution petition in. While Washington State law applies to all cases, regardless of the county of filing, there are times that people want to choose one venue over another. Sometimes a choice of which county to file in has an easy answer.
For example, if both parties to a family law case live in Island County, the case should be filed in Island County. But what happens when one party lives in Pierce County, and the other is in King County? In these cases the rules of venue become especially important. RCW 26.09.010(2) permits that proceedings may be filed in the superior court of the county where the petitioner (the party filing the petition) resides. However, if the petitioner does not reside in the county where he or she files the case, the respondent may have an absolute right to have the venue changed to the county in which the respondent resides. Continue reading
Motions for Contempt in Family Law Cases
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.
Winter Break, Holidays, and Parenting Plans
Parenting plans should be drafted to fit the needs of the particular children whose lives (or residential schedules at least) will be governed by them. This includes spending extra time thinking about how the child will be best served during their winter break from school and during the winter holidays. There are many different ways the winter breaks and holidays can be scheduled within a parenting plan. Below please find a few examples:
- Break Split Down the Middle. For some families, the importance of the number of days of the break spent with either parent supersedes the importance of any winter holidays the family might celebrate. This is also the choice of families who choose not to celebrate holidays.
- Break Split Down the Middle but Include Holidays. This plan is similar to the plan described above, but also provides that the child will reside with one parent or the other for the holidays the family celebrates. This plan can work well as it ensures nearly equal time spent with both parents, and also allows for alternating holiday schedules so both parents get an opportunity to celebrate with the children. However, it can also mean more transitions for the children, and may be difficult in cases where the parents live far apart.
Can My Former Spouse’s New Love Interest Spend Time With My Kids?
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.
What is an Annulment, and How Do I Get One?
Some people come to our office hoping that they can annul their marriage. People may want to annul marriage because they regret their decision to marry their new spouse, or because they feel like their marriage was a sham. They want their marriage (and their spouse) to go away and to be able to try and put their life back together. In Washington the process is not called an annulment it is called a determination of validity, but the effect is similar, and unfortunately for these people, is only available in limited circumstances.
While it is not called an annulment in Washington State, it has the same desired effect. A decree of invalidity makes it as if the marriage never happened. RCW 26.09.040 is the law governing the procedure and requirements necessary for someone to have their marriage declared invalid. The statute requires that both parties to the marriage be living and that at least one of the parties is a resident of the State of Washington (or a member of the armed services stationed in this state).
A declaration of invalidity may be obtained if the court finds that at the time of the marriage one of the following circumstances was present: