Seattle Attorneys Blog

Sealing, Vacating, or Expunging Your Criminal Record

August 1, 2013 | by Blair & Kim, PLLC

If you have been detained, arrested, charged, acquitted, or convicted of a crime—even as a juvenile—you may have a criminal record. Criminal records are maintained by the courts and law enforcement agencies and may be discoverable by those in the general public. Your criminal record may affect your reputation, employment opportunities, or housing applications, and may be considered in determining sentencing if you are convicted of a later crime.

Criminal records are not automatically vacated even if you have completed the requirements of the sentence or probation. You must file a motion and attend a hearing to have this information removed from your record. At Blair & Kim, we understand the importance of protecting your rights.

Under the laws of Washington, we may be able to prevent others from accessing information about your prior offenses. We can help you attempt to seal, vacate, or expunge your criminal history. This means your records will be destroyed or may be more difficult to discover or view without a court order.

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.

What Happens When the Husband (Presumed Father) is Not the Child’s Father?

June 10, 2013 | by Blair & Kim, PLLC

This blog previously discussed the uncomfortable reality for Kim Kardashian that her ex-husband will be the presumed father of her child. Kim is not the only one facing this situation, and we thought this might be a nice time to go through what can be done in Washington (a state with a marital presumption like California) when a woman’s husband is not the father of her child. As stated in the first blog article regarding the topic, there is a marital presumption in Washington that presumes a child born during a marriage, or within 300 days of its dissolution, is the husband’s child. While Kim’s sixty-two day marriage may be uncommon, this situation is more common than you might think. Sometimes couples end their marriage emotionally, socially, financially, and physically without doing so legally. The legal spouses move on and have other relationships, some of which might result in pregnancy. In this instance, the husband (even if he has not had marital relations with his wife in years) is still presumed the father of the child.

When this happens, it is often of interest to one or all of the involved parties to have the husband’s paternity disestablished, and the biological father of the child established as the legal father. To have his paternity disestablished, the presumed father may seek an order disestablishing his paternity. He can do this as part of his petition for dissolution. Another option is for the presumed father (the husband), the mother (the wife), and the biological father (wife’s new partner) to sign an acknowledgment of paternity establishing the biological father as the legal father of the child. A third option is for one of the interested parties to file a parentage action, asking the court to establish the biological father’s paternity.

There are important legal obligations that come with being a child’s presumed legal parent. If you are in a situation like the one above, it is likely in your interest to discuss your options with a family law attorney. We would be happy to discuss your case and the possible outcomes of your situation.

Summer (Parenting) Plans

June 6, 2013 | by Blair & Kim, PLLC

As summer vacation draws near, thoughts of swimming pools, suntan lotion and backyard barbeques fill most of our minds. But for parents facing their summer parenting plan schedule, other thoughts might be coming to mind. Many families with parenting plans have one residential schedule for their children during the school year and another for the summer. This means that in the coming months, these families have to adjust to more than just getting used to seeing a bit more sun in the sky.

Kids often spend more time during the summer with the parent that they don’t reside the majority of the time with during the school year. This can mean excitement and some stress for the kids and the non-majority parent. There are adjustments to family schedules, how much food to make for meals, limits on screen-time, the setting of summer bedtimes, and more. For the parent with whom the children reside the majority of the time it can often mean less time with the kids. Some parents use this as a time to do some adults-only traveling, or a time to do some summer cleaning without frequent interruptions from the kids.

For most families, summer parenting plans can be personalized to the needs of a particular family. If the kids are young they may do better with an every-other-week rotating schedule (or perhaps even maintaining the school year schedule). When kids are older, some families choose to have a three to five week block of time with each parent. Still other families choose to maintain the school year schedule. The plan should be personalized to meet the needs of a particular family.