Family Law

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.

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.

Three Ways the Length of a Marriage Can Change Your Divorce

March 10, 2014 | by Blair & Kim, PLLC

It is intuitive that a divorce after one year looks different from a divorce after ten years. It follows that a divorce after twenty or thirty years can be different by a greater degree. Here are three ways divorces can vary based on the length of the marriage:

Spousal Maintenance: If one party is the sole breadwinner (or the main breadwinner), the longer the marriage is increases the likelihood that spousal maintenance will be ordered. It also often extends the duration of the spousal maintenance. On the other hand, if a marriage only lasted one year, it is unlikely that the economically disadvantaged spouse has the same level of reliance on the other party, and thus may not be awarded maintenance.
Retirement Assets: A longer marriage usually involves more retirement assets. These assets need to be awarded to either one party, the other party, or divided between the parties. Longer marriages usually mean that more of the retirement assets go to the party with the lower ability to recoup the losses caused by the divorce. If the parties are already retired, there are other issues that must be addressed.
Status of the Parties: In short term marriages, the parties’ statuses often don’t change much from the time of the marriage to the time of the dissolution. In mid-length marriages, community assets and debts are often acquired, and kids have often been added to the equation. In long-term marriages there is often an abundance of community assets and debts, and less time for the parties to replace assets lost during dissolution.

The length of a marriage can have other implications too. Sometimes aging brings on health issues that can complicate dissolution issues. Sometimes people in mid-length marriages want to get support to get a educational degree or accreditation. In short-term marriages sometimes a home has been purchased, but very little equity has been acquired and selling the house might be tough, but keeping the house might be impossible with only one income paying for it.

While divorces change based on the length of the marriage, it is always important to find an attorney that runs a client-centered practice. This allows the attorney to get to know you, learn about your marriage, and help you plan for your future after divorce.

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.

How does the Court Decide Whether to Order Spousal Maintenance?

February 16, 2014 | by Blair & Kim, PLLC

Spousal maintenance is a court-ordered amount of money paid by one spouse (or former spouse) to the other, during the pendency of a dissolution or legal separation case, and sometimes after the decree of dissolution or legal separation is entered. It is commonly referred to as alimony, and is still officially called that in some states.

In Washington, spousal maintenance issues can often be some of the most contentious and acrimonious issues in a dissolution case. If parties can’t agree to a spousal maintenance amount (or whether it should be ordered at all), the court will make the decision for them. The court will have to decide whether to order maintenance at all, how much maintenance to order (usually on a monthly basis), and how long to order the maintenance payments to continue. While results in family law cases vary, there are some factors you can be sure the court will consider when determining whether to order spousal maintenance. The main consideration is the need of the party requesting maintenance versus the ability to pay of the party who will pay maintenance. RCW 26.09.090 provides the factors a court must consider when awarding spousal maintenance.

There is also a factor the court is specifically ordered not to consider: the misconduct of either party that may have contributed to the divorce. (There is an exception to this rule if spousal abuse has affected the employability of the receiving spouse.) This differs greatly from many other states that allow the court to consider the misconduct of the other party, or even make it a determinative factor.