Seattle Attorneys Blog

Four (Not-So-Obvious) Parenting Plan Considerations

February 4, 2013 | by Blair & Kim, PLLC

Most parents in the process of creating or modifying a parenting plan know that they will have to determine a residential schedule for their children. While this is obviously a very important part of the plan, there are other not-so-obvious considerations that should be considered (and potentially discussed with your lawyer) while drafting your parenting plan:

Holidays: Okay, on first blush this might seem obvious – many holidays appear on the standard parenting plan form itself, but we don’t just mean the holidays already listed on the pattern form. The pattern form parenting plan misses holidays celebrated by many of our clients (ex. Easter, Halloween, Hanukah, Chinese New Year, Ramadan, etc.). If these, or other holidays, are important to you or your children, they should be addressed in your parenting plan.
Special Occasions: Along the same line as number one, the pattern form parenting plan misses several oft-celebrated special occasions. It covers Mother’s Day and Father’s Day, but what about your birthday and/or your child’s birthday?

Real Estate and Divorce – Knowledge is Power

January 25, 2013 | by Blair & Kim, PLLC

As part of most divorce property distributions, at least one piece of real property has to be distributed. For many people, dissolving their marriage is the first time, in a long time, that they have had to think about their real estate holdings as more than a place they call home. As such, many people feel unprepared to navigate the valuation, refinancing, and/or sale, of their real property. It is our belief that the more you know about your property, the better equipped you will be to make the best decision regarding its disbursal.

As part of his series, Divorce Dollars and Sense, meant to help people navigate the financial aspects of divorce, Jeff Landers provides a list of seven things he says women (and we say all people) need to think about when dealing with real estate as part of their divorce.

For many of our clients, their real property is their greatest asset – or in this market, their greatest liability. With so much on the line, it is important that you have the best team of professionals on your side. In addition to strong legal advocacy, this may include the use of our network of respected real estate professionals. We are ready to help you navigate the real property issues in your divorce.

Postsecondary Educational Support

January 15, 2013 | by Blair & Kim, PLLC

As many of us know, the days of parents’ financial support of their children ending on the child’s eighteenth birthday is largely a thing of the past. These days, whether divorced or not, many people are supporting their adult children through college or technical school (at least). In divorced families, it is often necessary and helpful to have a court order dividing the financial burden of supporting adult children through postsecondary schooling. (Please note, there are other grounds for requesting the continuation of child support into adulthood not based on anticipated college or technical school – this blog entry does not cover those grounds.)

Sometimes (especially if ordered in close proximity to the time the child will be leaving high school or turning eighteen), postsecondary support is ordered as part of the original order of child support. However, in most cases we see, the issue is reserved and will require further action by one of the parents to create an obligation to share costs. If it looks like your child is college or technical school bound, and your spouse would be able to assist with the financial burden of your child’s schooling it is important that you be proactive in obtaining a court order requiring that your former spouse assist you and/or your child with postsecondary expenses.

Washington law refers to post-high school financial assistance as postsecondary educational support. This support can include the tuition cost of college or technical school as well as the cost for housing, books, and fees. In determining whether to award postsecondary educational support (and if so, how much), the court considers the factors set forth in RCW 26.19.090.

Does Your Order of Child Support Fit Your Current Circumstances?

January 10, 2013 | by Blair & Kim, PLLC

Child support is meant to provide support for minor children based on the economic circumstances of that child’s parents. Sometimes after an order of child support is entered a child changes age brackets, gets close to graduating from high school , or other significant enough changes in circumstances occur, that it is necessary to modify the order of child support to reflect current circumstances.

RCW 26.09.175 sets for the procedure for modification of an order of child support. It requires that modification proceedings begin by the filing of a summons and petition. These documents must be served on the other party (service requirements vary depending on where order was entered). (There is also a process for adjustment of child support that has separate procedure that is not covered here. That said, while it offers more limited remedies, it can be a quicker and less expensive process and should be considered prior to filing a modification action.) Prior to filing an action for modification, a cost-benefit analysis must be done to ensure that the modification will be worth the resources.

An order of child support may be modified at any time based on a substantial change of circumstances. RCW 26.09.170(5)(a). Whether there is a substantial change of circumstances is fact-specific, and can be a difficult to prove. In some cases, it may be advisable to wait for time to pass before filing for a modification. After one year has passed, an order may be modified without a showing of a substantial change or circumstances if the order in practice works a severe economic hardship on either party or the child; if a party requests and adjustment based on the change of age category of the child; if a child is still in high school, upon a finding that the child will need financial support beyond graduation; or to add an automatic adjustment provision. RCW 26.09.170(5)(b-d). This information does not provide for some of the other exceptions and requirements of modifying child support. Furthermore, adjustments and modifications may be permitted due to language in the original court order.

The Marital Presumption in Washington State (and how it relates to Kanye West and Kim Kardashian)

January 5, 2013 | by Blair & Kim, PLLC

While this blog generally focuses on family law issues facing typical Washington families, every so often a matter facing a not-so-typical family provides an opportunity to discuss a topic that may affect families reading this blog. As many have heard (It’s even being discussed on CNN:http://marquee.blogs.cnn.com/2013/01/03/in-cali-kris-humphries-is-the-presumed-dad-of-kim-k-s-baby/), Kim Kardashian and Kanye West are having a baby together. Meanwhile, Kardashian’s marriage to Kris Humphries is not yet dissolved. According to the article linked above, California has a marital presumption that presumes a husband (or a recently divorced former-husband) of a pregnant woman is the father of that woman’s child. As such, under California law (again, according to this article), Kris Humphries will be the presumed father of Kanye West’s baby. In addition to being terrific tabloid fodder, this also gives this blog a chance to comment on the marital presumption in Washington.

In Washington RCW 26.25.116 provides a similar marital presumption: It states that in the context of marriage or domestic partnership, a person is presumed to be a parent if he or she is married or in a domiestic partnership with the mother or father of the child and the child is born during the marriage or domestic partnership or within 300 days of its dissolution. RCW 26.25.116(1)(a)&(b). It likely comes as a surprise to many outside the legal field that the presumption (i.e. the starting point for determination of paternity) is based on marital status not DNA. RCW 26.25.116(3) goes on to state that the presumption may be overcome only with the adjudication of paternity under RCW 26.26.500 through 26.26.630. Importantly, this may leave a person who is not the biological parent of a child responsible for providing support for the child until his or her paternity can be disproven. Also important to note, there are time limits on when this presumption may be disputed.

The main reason for this presumption is efficiency. In most cases, the spouse or domestic partner of a parent of a child born during (or soon after) a marriage is the child’s other parent. As such, the presumption allows the state to determine paternity of the child without the need for blood tests or litigation. That said, there are situations like the West/Kardashian pregnancy noted above, in which the results elude our notions of common sense and determinations of paternity are not easily made.

Gray Divorce

December 28, 2012 | by Blair & Kim, PLLC

In the article “Navigating the Gray Divorce with Dignity,” attorney Andrea Vacca, discusses the increase in what she refers to as “gray” divorces and the issues facing clients in this type of divorce. Gray divorces, Vacca explains, are divorces between people age 50 and over. Vacca says that while overall divorce rates have declined, gray divorces have increased. She also says that many of her clients in gray divorces are facing different and unique issues compared to their younger counterparts.

We share Vacca’s experience that clients divorcing after the age of fifty encounter different issues than those divorcing in their twenties, thirties or forties. Instead, of worrying about child support and parenting plans, many people over fifty are most concerned about their financial futures. People of this age have less time to recover from financial loss prior to retirement age, and/or may be facing the prospect of living on a fixed income. In these circumstances, it is especially important to think about how to best prepare financially for life as a single person. Divorce does not have to mean financial ruin. We are prepared to help you through this process and will do our best to ensure your financial security.

We also share Vacca’s experience regarding the increased interest in alternative dispute resolution among older divorcing spouses. For many of our clients there are many options for avoiding court. We are committed to providing you the personalized advice and representation you need. If you want to avoid protracted litigation and costly legal battles we will use whatever means possible to achieve your goals.

Alternative Methods of Communication

December 27, 2012 | by Blair & Kim, PLLC

Lawyers are often quoted encouraging their clients to “get things in writing.” In a recent New York Times article, “Kramer.com vs. Kramer.com,” Pamela Paul uses a similar directive for divorced parents: Paul advises that parents use emails and texts in the place of verbal communication. In family law, as Paul explains, electronic communication can serve multiple purposes. First, it creates a record of the conversation not available through in-person or telephone conversations (Beware, both you and your former spouse will have a written record of these conversations!). Second, it can reduce the emotions and outbursts that can accompany a real-time conversation. Third, it can all happen outside the eyes and ears of your children – relieving them from the stress of watching mom and dad argue (often about them).

If you think that post-divorce communication will be difficult for you and your spouse and/or children’s parent, please talk to our divorce attorneys about communication strategies that can be used to protect your legal position, your emotions, and, most importantly, your kids.

Parenting Plan Holidays

December 16, 2012 | by Blair & Kim, PLLC

With the holidays approaching, parents considering divorce may be wondering what holidays with their children could look like post-separation. While specifics should be discussed with an attorney, there is general information that might resolve some questions.

The Washington State parenting plan form includes the following holidays: New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, July 4th, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas Eve and Christmas Day. The form provides just a starting point. Many families decide to add more holidays (ex. Easter, Hanukkah, New Year’s Eve, Halloween) and/or subtract some of the holidays (ex. Presidents’ Day, Veterans’ Day) already included.

The pattern form asks that parties provide where the children will reside during each of the holidays. It also asks that parties provide the time that the holidays will begin and end. In making this decision, it is important to consider the ages of the children, important times for the family during the holiday, and plans of extended family during holidays. Many families choose to have most holidays last from morning at around 9:00 a.m. until 8:00 p.m. Then, many families choose to include exceptions to this general rule. For example, many make the Fourth of July an overnight and/or ask that Thanksgiving begin after school on Wednesday and last until Sunday. There isn’t a right or wrong way to handle holidays in your parenting plan, as long as your holiday schedule works for both parties and the children. We would be happy to help you draft a parenting plan that will keep your holidays as happy as possible.

New Efforts Taken in Drug Treatment

December 13, 2012 | by Blair & Kim, PLLC

In the state of Washington, drug crimes can come with a high cost for a suspect that is convicted by the court. Penalties can cost thousands in fines, years behind bars and more. Those found guilty can have their life changed by the sentencing that they are given. These crimes in the past have been handled by the state courts however; some crimes that are committed can break federal laws and will be tried in a different court. The federal court in Seattle is experimenting with their tactics for trying and prosecuting these crimes. They are taking a page from the state courts which use specialized drug programs as a part of their system. This new development gained some assistance being pushed through from the U.S. District Judge Ricardo S. Martinez. He also has been involved with developing the treatment plan and what will be required of those that become a part of the program.

It is aimed at those that have less severe charges that committed their crimes out of an addiction to the drug, rather than committing the crime for the mere profit of it. They will have to have no prior sexual or violent offenses in their past, no mental health problems that are uncontrollable and no more than two felonies in order to be eligible. The federal court is commonly thought to only deal with the higher up cases but this will give them influence in rehabilitating convicted individuals. In order to avoid the harsher penalties of a conviction, the individual that is found guilty will need to agree to enter in to the program which will generally run between a year or two. This may benefit them greatly to avoid jail time or higher fines and to enter back in to society. It is expected that the program will start off small and focus on about 10 individuals in the first year. When charged with a crime the best option is to fight against the penalties but in some cases there may be options that can be explored in the negotiations process. Work with a caring Seattle criminal lawyer from our firm to learn more.

How Not to Communicate With Your Children After Divorce

December 12, 2012 | by Blair & Kim, PLLC

Divorced parents are often advised on ways to connect with their children after divorce. This recent article from helpguide.org is no different: it provides some time-tested ways to connect with your kids. This type of article can be very helpful when a parent is feeling their parent-child communication strained. However, a less talked about, less written about topic is what not to talk about with your kids during or after your divorce proceedings. Often, is it just as important to not say the wrong things as it is to say the right things.

One example of how not to communicate with your children is to use them as a messenger between you and your ex. This is especially true when the messages you are asking to be conveyed involve a contentious issue. When parents do this the child has to carry the stress of worrying about whatever reaction your ex may have or letting you down by failing to deliver the message. Instead, if possible, communicate with your spouse directly (in writing if necessary).

Another (unfortunately) common mistake parents make is to have conversations with other people regarding the status of their divorce, or how terrible their ex is, within the hearing distance of their children. As every parent who has let a swear word slip out under their breath knows, kids hear everything we say – especially when we don’t want them to hear it. The minute they hear you say your ex’s name, their little ears zero in. As such, keep your vent sessions limited to times when the child is residing with the other parent, or when you can have a babysitter and head out with a friend or adult family member.