Family Law

Who Gets the Furniture?

August 28, 2013 | by Blair & Kim, PLLC

After separation, many people want to discuss with their lawyers some of the immediate issues that need resolution: temporary child support, temporary parenting schedules, and who gets to live in the house. As part of these discussions (especially the one regarding which spouse gets to live in the home), they also want to talk about how to divide the household furniture (both during the temporary phase, and the final division). They want to know whether they can take the bedroom set to furnish their bedroom at their new apartment, or whether they can keep the kids’ beds.

In many cases, we encourage our clients to sort these issues out with the other party directly. (We would never encourage this in cases where allegations of domestic violence are at issue whether our client is the accused or the victim/accuser.) The reality is, we know that in many cases the furniture being argued over is not worth spending your legal fees on. The court will often attribute a value to the furniture based on what the furniture could be sold for at a garage sale. This means that many of the things you want to fight over will be worth just pennies on the dollar. Furthermore, the court will often look favorably on the party that is willing to negotiate regarding the small assets and not waste the parties’ resources (and the court’s time) on low-value items.

As such, we often encourage separated spouses to figure these things out based on necessity. For example, the spouse moving out of the family home will often take a guest room bedroom set for their new master bedroom. The party who has the kids the majority of the time often takes the kids furniture. Also, in many cases the parties both have items that were purchased to meet their specific needs and it often makes the most sense for that party to take these items with them (or keep them at the house as the case may be).

(Back to) School Parenting Plan Schedules

August 5, 2013 | by Blair & Kim, PLLC

The beginning of the school year means new teacher(s), new classmates, waking up earlier and more changes for most kids. Many kids in two-home families have an added adjustment to make. They have to adjust to their parenting plans changing back to the school year schedule. As we discussed previously on this blog, many families choose to have distinct residential schedules for the months that the kids are in school and the months that they are on summer vacation.

In our years working in family law, we have come across some valuable tips for parents helping their kids adjust to their new schedules. It might be helpful to create a visual calendar that your kids can look at to determine where they will be on any given day. This is especially helpful if the children are making frequent transfers throughout the week. Some kids (especially younger ones) might benefit from a note being pinned to their backpack reminding them where to go after school. Other families (and teachers) have told us it is helpful for unmarried parents to both come (assuming this doesn’t conflict with any court orders) to open houses and/or meet-and-greets. Use these visits as a chance to make the teacher aware of your child’s living situation. The teacher may be willing to send home two sets of class notes, and add both parents to his/her email list. This helps your child because both parents being aware of what’s going on at school allows both parents to be actively involved in their child’s education.

Please let us know if you would like to discuss your parenting plan with a family law attorney.

Child Support When Kids Live Equal Time With Both Parents

August 1, 2013 | by Blair & Kim, PLLC

A discussion recently transpired among family law practitioners regarding child support payments in circumstances where parenting plans provide for equal (50/50) residential time with each parent. A novice family law attorney was coming to the (more experienced) field of family law lawyers looking for an answer to her client’s question regarding child support. Unfortunately, even the most veteran among us was unable to give a clear answer because the law does not provide a clear answer. Instead, it appears, based on many practitioners experience, that it depends on the specific circumstances of the case, or even the specific decision maker’s opinion on how this issue should be handled. In a case where one parent has the child(ren) 90% of the time, it can be fairly simple to determine how much child support the parent with 10% of the residential time will pay (assuming no extenuating circumstances). In those cases, the law does provide a fairly straightforward process for determining child support based on the parties income. But, when there is a 50/50 parenting plan in place, it is less clear if the same process applies, or if another formula should apply.

What is clear is that one thing is always considered by the court when making decisions regarding this issue. The court is going to want to know about the income disparity (if there is one) between the parties. If both parties make roughly the same amount, it is more likely the court will order that there be no transfer payment (i.e. one parent paying the other). With a large disparity in income, it becomes more likely that there will be a transfer payment. This makes sense given that the total child support amount (the amount that the legislature has deemed should be spent on a child with parents of that combined income level) is to be shared between the parties, and the lower-earning parent will be unable to provide for the child at the level the parties could if they were both contributing their proportional (tbased on income) share to the support of the child.

There is a separate formula for when the parties with more than one child split the children up, with one child residing at one parent’s home, and the other residing at the other parent’s home.

Determination of Income for Purposes of Setting Child Support and Spousal Maintenance

July 30, 2013 | by Blair & Kim, PLLC

The most important decision in most child support and spousal maintenance (commonly referred to as alimony) conflicts is the determination of how much income each spouse is earning. In some cases, this is not a difficult or elongated task. If the earning party (or parties) receive a paycheck from an employer on a regular basis and for the same amount, and if there are no extenuating circumstances, income can be determined and child support and spousal maintenance issues can be made easier.

However, in many cases, income determination is not that easy, and is one of the most hard-fought and important issues in a family law case. Many people are paid on commission or commission/base structures. Some people are paid varying amounts throughout the year. In some cases, a party has obtained a new job or lost an old one and his or her income is going to change dramatically as a result.

All of the foregoing circumstances can make income determination more complicated, but perhaps the most challenging cases regarding determination of income are when one (or both) party owns a business. In these cases, income is often not as simple as looking at the business owner’s salary. The discovery process (the process by which bank account, investment account, and business liability information can be obtained) is of special importance. Depending on the business, it can also be necessary and worthwhile to bring in financial experts including business valuation experts and appraisers to determine how much income the business-owning-spouse is (or is not) making.

Litigation Fatigue – Three Things to Consider Before You Settle

July 24, 2013 | by Blair & Kim, PLLC

When clients come into our office seeking to initiate or respond to a family law action, they are often full of energy (and sometimes anger) and want to get moving on their case. This energy and enthusiasm usually continues for the first few weeks, but often decreases after that. Most family law court processes take time, and many clients feel the growing desire to get things over with.

While we understand (and often share) the feeling of wanting to be done with a legal battle, we encourage clients to stay the course if settlement is not in their best interest. On the other hand, there are cases that we encourage our clients to settle (for example, when more money can be saved by reduced legal fees than could be gained by continuing litigation). When we do believe that staying the course is the right action we encourage our clients to do the following:

Keep Your Eyes on the Prize: if you initiated an action to get something, and you don’t have it yet, don’t give up just because you are tired.
Think About How Long You’ll Have to Live With the Results: In many cases, our clients will have to live with the results of a family law action for the rest of their lives. Don’t settle for something that you will regret a year from now so that you don’t have to have a stressful couple weeks (or months). (An ounce of prevention is worth a pound of cure is also an appropriate expression here.)
Do it For the Kids: In some cases our client doesn’t come into our office asking for us to advocate for him or her; instead, some clients are seeking someone that will advocate for what they believe is in the best interest of their children or step-children. If you start a family law action for the sake of someone else, think of them when your resolve wanes. Think if you want them to live with whatever you are considering settling for.

Postnuptial Agreements

July 19, 2013 | by Blair & Kim, PLLC

Many people have heard of a prenuptial agreement. A prenuptial agreement is an agreement that is entered into prior to marriage that determines how assets and liabilities will be handled during and after the marriage (among other things). Less people have heard of a postnuptial agreement. Postnuptial agreements are similar to prenuptial agreements, except that they are made after the marriage has been entered.

Recently the USA Today had an article regarding a rise in postnuptial agreements (see the article here). The article posits that the reason for a recent increase in postnuptial agreements is related to the Supreme Court’s decision regarding the Defense Of Marriage Act (DOMA). The article also provides that, for many, a postnuptial agreement is not entered into to end a marriage, but actually to give it a last, best chance. For many couples, postnuptial agreements can end arguments about money and relieve a cause of marital discord.

If you and your spouse are considering a postnuptial agreement please contact us to discuss your options.

Reciprocity in Parenting Plans

July 7, 2013 | by Blair & Kim, PLLC

As this blog has previously discussed, many family law actions require a parenting plan or residential schedule be created. As part of this plan or schedule, parents may request that the court order things in addition to the basics (i.e. outlining where the kids will reside, who has decision making authority, and who will transport the children between homes). Parents may seek to impose all sorts of restrictions on the other parent’s residential time. Parents may ask that the court to restrict who can be around the children without the other parent’s approval. They can ask the court to restrict how long the children can be with a babysitter, or who can babysit. There are parenting plans that specify who can drive the children and other details. Parenting plans may also set forth rules for when children may be introduced to the parents’ new significant others.

Many parents are happy to have the opportunity to have some input into the care the children receive at the other parent’s home. However, it is important to note, in many circumstances – especially those in which there is fairly equal residential time with each parent, and/or when there is no concern about either parents’ ability to parent – restrictions imposed on one parent will be imposed on the other parent. As an illustration, imagine that you decide to have a provision in your parenting plan that you get to approve all babysitters that care for your child for longer than three hours. This would mean that if you have something come up and need a last minute babysitter for a four-hour-appointment, you would have to get your last-minute babysitter approved by the other parent, or risk being in violation of the parenting plan.

This doesn’t mean that you shouldn’t have these additional provisions in your parenting plan; instead, it means you should think through whether you want to be required to comply with them as well. Please contact us if you would like to discuss your parenting plan/residential schedule.

Summer Schedules

July 2, 2013 | by Blair & Kim, PLLC

The summer is a busy time of year for many families. This can be especially true for two-home families (i.e. families in which the parents of the children are not married and/or live in separate homes). In addition to attending summer camps, daycare, playdates and barbeques kids are often experiencing a different residential schedule than they are used to.

Many two-home families vary their school schedule from their summer schedule within their parenting plan or residential schedule. This often makes sense, because the children’s schedules can vary so widely from their school year schedule. Many non-primary residential parents use this as an opportunity to spend more time with their kids. Some use it as a time to travel, camp, or just enjoy additional time together. For many, their summer schedule is more enjoyable than their school year schedule. Some families maintain their school year schedules during the summer. This can be due to work conflicts (i.e. the parents have to work traditional schedules year round and thus would be unable to enjoy the additional time with the kids anyway), or to provide continuity for the kids.

No matter what the reason, or the schedule, if it works for the parents and the kids, the plan is likely a keeper. However, if you don’t currently have a parenting plan or residential schedule in place, or if your parenting plan doesn’t fit you and your kids’ current needs, please contact us so that we can discuss your options for this summer or next.

Jurisdiction – Location is Everything

June 26, 2013 | by Blair & Kim, PLLC

One of the first decisions that needs to be made in a divorce case, is where to file the petition for dissolution of marriage (or other family law action). For some, our response is very straightforward: if the children and both spouses have all lived in the same county for ten years, then it is likely that they should file in that county. If only all jurisdictional question were all that easy! In reality, jurisdiction – especially over issues relating to children – can be one of the most difficult issues in family law. While this article does not intend to cover all issues related to jurisdiction in family law cases, it does hope to provide an introduction to the concept. Jurisdictional issues can be very fact intensive and each set of circumstances may render a different result. It is advisable to discuss this issue with a family law attorney. We would be honored if you choose us.

Jurisdiction is the court’s ability to make binding decisions regarding an issue. If the court has jurisdiction (there are two types, but for these purposes we will assume the court has both types), the court is able to issue orders (ex. parenting plan, decree of dissolution, temporary orders, etc.). In most cases, if the court does not have jurisdiction, it will not be able to make decisions regarding your case, other than to dismiss the case for lack of jurisdiction. (In family law, there is a caveat to this: if you or your family is in danger, and has fled a state with jurisdiction for you or your children’s safety, the court may have emergency jurisdiction to provide a temporary order of protection.)

The first type of jurisdiction the court has to have to provide litigants any relief is personal jurisdiction. This means the court has the power to enter an order ordering either party to do something. For example, Washington has personal jurisdiction over a person living outside the state for purposes of entering a divorce decree (an order ending their marriage) and dividing property in association therewith, if s/he lived in a marital relationship in this state, may have conceived a child in this state, agrees to jurisdiction, or if the petitioning spouse continues to reside here or is a member of the armed forces stationed here. (If a person lives in the state on a permanent basis, Washington has jurisdiction to dissolve their marriage.)

Two Ways to Establish Paternity When Parents are Unmarried

June 18, 2013 | by Blair & Kim, PLLC

When parents are unmarried at the time a child is born (or within 300 days of a dissolution), the marital presumption does not apply. In this circumstance, more has to be done to establish the child’s paternity. It is necessary to establish the child’s paternity for purposes of entering an order of child support and/or a parenting plan or residential schedule for the child.

In Washington, there are two separate ways for unmarried, non-adoptive parents to establish paternity. One option is court action, and the other is the filing of a paternity acknowledgement with the Department of Health.

If there is not agreement as to the paternity of the child, or if the other parent does not want paternity established, it will probably be necessary to file a court action. To start a court action, either parent may petition the court with a parentage action.