A trial court in a Washington divorce has broad discretion to make a just and equitable property division. RCW 26.09.080 sets forth certain factors that the court must consider in making a just and equitable property distribution, but those factors are not exclusive. The trial court must consider the nature…
Who gets to claim the children as dependents on their tax returns can be a contentious issue in a Washington custody case. A father recently sought a contempt order against the mother when she claimed one of the children as a dependent. According to the appeals court’s unpublished opinion, the…
Property in a Washington divorce is generally characterized as of the date was acquired, but the date of acquisition alone does not determine its character. The court must consider whether the property was acquired by community or separate funds. Additionally, spouses may agree to convert property that otherwise would have…
Washington child support is determined based on the Washington State Child Support Schedule. A trial court may deviate from the standard child support calculation when it would be inequitable not to do so. The trial court must specify its reasons for deviation or for denying a request for deviation in…
Washington spousal maintenance is intended to support a spouse until they are able to support themselves. The trial court’s primary consideration is the economic situations of the parties after the divorce. Courts must consider the factors set forth in RCW, but those factors are not exclusive. The factors include the…
When a court enters a Washington child support order, it begins by determining the standard calculation according to RCW 26.19.020. The standard calculation is the presumptive amount owed. The court then allocates the child support between the parent’s based on their respective share of the combined monthly net income. The…
An award of spousal maintenance in Washington may generally only be modified if the party seeking modification can show a substantial change of circumstances. RCW 26.09.170(1). Under Washington case law, the change must not have been within the parties’ contemplation when the decree was entered. A former wife recently challenged…
A trial court must grant an annulment to parties married outside Washington if the court finds the marriage was void or voidable pursuant to the laws where the marriage was contracted, unless it was subsequently validated. RCW 26.09.040(4)(c). A wife recently appealed a court’s denial of her petition for a…
Parties to a Washington divorce may reach an agreement to resolve the issues in their case. A CR 2A agreement, named after Washington Superior Court Civil Rule 2A, can resolve a number of issues, including property distribution and debt allocation. CR 2A agreements may also include an alternative dispute resolution…
Courts must have jurisdiction over the cases they hear. A husband recently challenged the jurisdiction of the Washington court that dissolved his marriage. To petition for divorce in Washington, the petitioner or their spouse must be a resident of Washington. RCW 26.09.030. Washington courts have held that this means a…