Seattle Attorneys Blog

Points to Ponder When Considering Whether to go to Court to Enforce Provisions of Your Child Support Order

October 1, 2013 | by Blair & Kim, PLLC

A friend approached me over the weekend with a question regarding whether she should use the court system to enforce her recently-entered order of child support. The order requires that daycare expenses be shared between the parties. However, when she went to her ex-husband to obtain his portion, he said he “already pays enough, and she should be able to cover the costs out of that.” His response directly contradicts the language of the order. That said, it wasn’t clear based on the information she provided whether it would be in her best interest to obtain a lawyer and start litigation. There are a few things I encouraged her to consider before rushing to litigate:

How much money does the other party owe you? Prior to engaging in litigation, a party(hopefully with the help of a qualified attorney) should do a cost versus benefit analysis. How much will it cost you to litigate this dispute? How much do you stand to gain? As attorneys, we sometimes have to advise our clients not to litigate even if we know their likelihood of winning is high, if the amount they stand to recover will be less than the resources expended in pursuing the case.
Can I have someone else pursue this on my behalf? The Division of Child Support (a division of DSHS) has the ability to assist families in need of child support services with establishment or enforcement of an order of child support. In many cases, family law attorneys encourage potential clients to seek remedies through DCS. It is important to remember that although your interests may coincide with that of DCS, DCS will not be your personal attorney.
Are there any non-pecuniary benefits of pursuing litigation? In some cases, it is worthwhile to pursue the misdoing of the opposing party to increase the likelihood that court orders are followed in the future. If you think letting something slide is likely to encourage the other parent to continually push limits and lose respect for you and the court orders, it might be worth it (as long as your attorney feels confident the court will not deem your action frivolous) to enforce the order to establish an understanding that failing to follow court orders will not be accepted.
Are you following the order? Be prepared that if you seek to have an order enforced against the other party, the court is likely to also enforce it against you. This means that if you are seeking to enforce the proportional share of daycare provision of the order, the court may look to see that you are complying with your obligations as well (e.g. that you provide receipts, share other costs or communicate such requests in writing).

Please contact us if you have questions regarding the enforcement of a child support order or other family law order.

Three Things to Consider When Serving Your Spouse with Divorce Documents

September 27, 2013 | by Blair & Kim, PLLC

Many clients seeking a divorce (called dissolution in Washington) come into our office ready get things started. By the time they’ve come to us they’ve often already done the hard work of deciding that they are emotionally prepared to leave their spouse. They are anxious to get the legal process started, and want to know how they get their spouse served. Some are worried about how their spouse may react to service. Most think of movies they’ve seen where someone knocks on the (soon-to-be-former) spouse’s door and tells them: “You’ve been served.” The served spouse usually looks shocked, angry, sad, or a combination of all three. While for some family law clients these are the responses they desire, most want a more discreet approach. There are ways to initiate your dissolution process without undue embarrassment, surprise or anger:

Think about the kids. It is usually best to plan a time to serve your spouse when he or she will not have the children. (In fact, it is hard to imagine a time when it would be a good idea to serve your spouse in front of your children.) In addition to saving your spouse from the experience of being served in front of the children, you are also saving the children from the confusion and concern likely to occur as a result of seeing mom or dad served. Furthermore, it may please a decision-maker whom is made aware of extra steps being taken to protect the kids.
Consider who else might bear witness to service. Serving your spouse at work or in another public place is not likely to start things off in a friendly fashion. If you’re trying to preserve goodwill between spouses, consider having your spouse served at home at a time you know they will be alone. Also, serving your spouse at work may affect their employment. This is an important consideration as both parties’ ability to earn will be considered in your dissolution negotiations and/or litigation.
Consider asking the other party to join. If you and your spouse agree about what issues need to be resolved during the dissolution process, you might consider having him or her join in the petition. When the petitioner and respondent join in a petition it means that both parties are asking the court to resolve some issues (though you are free to negotiate and resolve things outside the courtroom). No one needs to be served because you both participate in filing the petition. In addition to saving your spouse from the emotional toll of being served, you can also save yourself money and time (You will not have to pay someone to serve your spouse, and the 90-day waiting period begins when the petition is filed.). There may be other ramifications to signing a joinder that should be discussed with your family law attorney.

We would be remiss not to point out that these modes of service only work in certain cases. Sometimes the element of surprise is part of a legal strategy that seeks to protect a party’s interests (safety, financial or otherwise). Sometimes, it is impossible to find a time for service that the spouse will not have an audience of either children or coworkers. As with all legal questions, this is one that should be discussed with a qualified family law attorney who understands your individual circumstances. Please contact us with your family law issues.

Why Results in Family Law Cases Can Differ So Much

September 20, 2013 | by Blair & Kim, PLLC

A woman approached me at a social gathering recently to ask me to help her resolve her confusion regarding a family law issue. She said that she had two friends get divorced under similar circumstances, but obtain very different results. She wondered whether laws varied from county to county or courthouse to courthouse, and if that was the reason for the variation in results. Her confusion reminded me of the misperception I have heard from many family law clients who come in expecting that they can get the same result as a friend did because their “circumstances are so similar”, or that they can avoid the result a friend obtained because “their circumstances are totally different”. The reality is that no two families are similar enough to guarantee similar results.

Family law is mostly governed by state laws. There are some laws in family law that come from the federal level (ex. DOMA, IRS Code, PKPA), but for most of the laws that impact most families we look to the Revised Code of Washington, the Washington Administrative Code, and the case law from Washington’s appellate courts. There are court rules that vary from county to county, but these are mostly (if not entirely) procedural and should not (but may) affect the outcome of a case. In other words, whether your family law proceedings are handled in Spokane County, King County, Kitsap County or any other county in Washington shouldn’t make much of a difference. In reality, things do vary from county to county, courthouse to courthouse and decision-maker to decision-maker (commissioner or judge). Part of being a family law attorney (or rather any attorney that appears before a decision-maker on a regular basis) is knowing how the decision-maker(s) in your county is likely to rule on a particular issue. That way you are best able to advise your clients whether settlement or continued litigation is in their best interest.

But variations based on the decision-maker is not a complete answer to why there is so much variation in family law court decisions. It is more likely that the differences arise from one of two things. First, what may appear to be similar circumstances to someone looking at two families from the outside, may not be so similar when you take a closer look at the families’ finances, structure, and parenting histories. For example while two divorcing families’ may live in the same neighborhood and drive similar vehicles, their debt to income ratios and retirement savings may look entirely different. In other words, the similar families you see, may not be so similar upon further investigation.

How to Help Your Kids Deal With School and Family Transitions

September 15, 2013 | by Blair & Kim, PLLC

It’s hard to believe that September is more than half over. School supplies have been opened and used, new clothes worn and homework assigned. Families with school-age children are getting back into the routine of school five days a week. As has been previously discussed on this blog, children of divorced parents are often also adjusting to a different (school schedule) residential schedule. Some kids have been through this transition before. For some kids, this is the first time they are dealing with a new school year as part of a two-home family. The Huffington Post recently published an article entitled “How Our Schools Can Better Serve Children of Divorce.”

As previously suggested on this blog, and as suggested in the article, parents can do many things to make the transition back to school easier on children of divorce. The article suggests (and we agree) that parents should let the school know that the children are going through (or have recently been through) a divorce. Parents can ask teachers of elementary age children and (perhaps more appropriately) guidance counselors of middle school or high school students whether they are seeing any issues with the child that may be attributed to stress at home. If the adults at school are seeing issues, it may be time to consult with a counselor trained in dealing with children of divorce. Kids are at school for many hours each day. Teachers and other school staff can be a divorcing (or divorced) parent’s ally in helping kids adjust.

Transitioning from summer to school schedules, sun to rain, and free play to structure can be enough to deal with. If your child is also dealing with a new family structure, it might be good to give their well-being some extra thought and attention.

Four Things That Can Help Hasten Your Divorce Proceedings

September 9, 2013 | by Blair & Kim, PLLC

Many divorcing people wonder how long their divorce will take, and whether there is anything they can do to speed up the process. RCW 26.09.030 requires that ninety days elapse after the filing of a petition for dissolution of marriage before a divorce decree cam be entered. This means that the minimum length of divorce proceedings is ninety days. The maximum length of time the dissolution of marriage process can take is more difficult to determine. In a highly contentious divorce, including continuances and other delays, the process can take well over a year.

Once the decision to dissolve a marriage has been made, most people want to get out of the marriage as quickly as possible. If your goal is to get your divorce finalized as quickly as possible there are things you can do to speed things up:

Compromise on the Little Things: This doesn’t mean to agree to any terms or conditions that will make a significant difference in your life, but you should be willing to compromise on issues that won’t. Compromising on issues that aren’t imperatives for you will help you isolate issues that are, and focus your resources on having them resolved.
Tell Your Attorney: Tell your attorney that one of your main priorities is for the process to move as quickly as possible. Be prepared for them to tell you that it might not always be in your best interest to rush things. That said, even if your attorney does respond in that fashion, at least she will know that one of your goals is to be divorced soon.
File Early: Ask your attorney to file the petition as soon as possible. As stated above, the petition has to be filed to get the ninety-day-clock to start ticking. Often settlement negotiations start before a petition is filed. Sometimes negotiations are completed quickly and the parties are still forced to wait the ninety days. The sooner the petition is filed, the sooner the courtroom doors are open to enter the decree.
Be Prepared: Be ready to provide your family law attorney with information and documentation to help them do their job as quickly as possible. Ask them what they want you to provide, and then provide it. They will often need certain information prior to advising you on the best next step. The sooner they see the complete picture, the sooner they can advise you what to do next.

With these tips comes one additional thought – it is not always in your best interest to get a divorce finalized as quickly as possible. A family law attorney will be able to give you advice regarding the appropriateness of quick settlement and finalization of your divorce in your specific circumstances.

Cited with a DUI?

September 7, 2013 | by Blair & Kim, PLLC

If you’ve been arrested for driving under the influence (DUI), it can result in a license suspension, license revocation, fines, seizure of your car, a DUI arrest on your driving record for 15 years, potential jail time or home detention, and other serious consequences.

Even if this is your first DUI you could be facing a fine of $5,000 and up to one year in jail. Your license can be suspended for 3 months if your BAC was less than .15% or one year or more if it was over .15%. If your license is suspended, however, you may be able to have an ignition interlock installed in your vehicle. See our blog entry, “Ignition Interlock Driver License” for more information or call Blair & Kim, PLLC to see if you may be eligible for this type of license.

If you’ve had more than one DUI, the consequences can be even more severe. Additionally, you may have more than one DUI even if you haven’t officially been charged. In King County, you may be awaiting DUI charges for months. See our other blog entry, “King County Often Takes Months to File DUI Charges” for more about this topic.

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).

Ignition Interlock Device

August 14, 2013 | by Blair & Kim, PLLC

When you are accused of driving under the influence of alcohol, a conviction can mean you lose your ability to drive due to a license suspension or revocation. Depending on the situation, the length of time for which you are unable to drive can vary. In order to regain your license, you may have the option of having an Ignition Interlock Driver License. This means you will be able to drive, but only with an ignition interlock device installed in your car. It will require you to breathe into it, at which point it will assess the level of alcohol that is on your breath in order to start. If alcohol is found on your breath then the car won’t start. It may also require rolling tests, where it requires you to breathe into the device even after you have been driving. Not everyone is eligible to file, and in order to seek this option the following circumstances must be true of your situation.

You are a resident of the state
Your license is not expired
You are accused of:
Vehicular Homicide that involved alcohol or drugs
Reckless Driving
Vehicular Assault with the use of alcohol or drugs
DUI or Physical Control
The suspension or revocation does not include a minor in possession or Habitual Traffic Offender.

In order to apply for the program you will have to have the device installed in your vehicle and the company that does the installation will need to let the Washington State Department of Licensing know. You will need proof of financial responsibility and this may be done through a Certificate of Insurance. A Restricted Driver License Application will need to be filled out and filed. The application form can be given to the office or mailed in and it will need to include a fee. The application and details of the case will be assessed in order to make the decision. For those who are approved, they will need to reapply each year to keep the ability to drive. For individuals who have their application denied, it is possible to reapply in a six month period.

Having the Ignition Interlock Driver License doesn’t just mean that your car needs to have the device installed. If there are other cars that you will be using, then those will need the device as well. Fees for the device include the installation cost, maintenance or repairs, application fees, and a monthly fee for the device. While there are certain setbacks with the device, having it can be extremely beneficial. Not having the ability to drive is something you may not realize as being so damaging until you are in the situation yourself. Talk with a Seattle criminal defense lawyer from Blair & Kim, PLLC to find out what may be done in your situation.

(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.