For decades, Washington State law enforcement agencies have administered certain physical tests to individuals suspected of intoxication. Nowadays, almost everyone who has consumed alcohol, or driven a car is aware of the Standard Field Sobriety Test’s, otherwise known as FST’s. Perhaps the most widely and best known test being, Walk and Turn, Heel-Toe test. The real question is though just how reliable are standard field sobriety tests?
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
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.
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.
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
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.
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.
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
In Washington State, Drug Recognition Experts, also known as DREs are regular law enforcement officer’s who have received additional training to recognize impaired drivers who are under the influence of drugs other than, or in addition to alcohol.
In the 1970’s the Los Angeles Police Department developed the Drug Evaluation and Classification Program (DECP). The purpose of the program was to train officers on how to determine whether a driver is under the influence of drugs, and then to determine the type of drug causing the impairment. Washington State adopted the program in 1996 and currently has approximately 230 active DREs. While individual agency policies can vary on when specifically a DRE will be called, they generally investigate major collisions and when officers suspect drug involvement.
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.
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