Family Law Topics

Child support is the responsibility of both parents. If a parent is voluntarily unemployed or underemployed the income is imputed based on age and gender based on federal guidelines. If self-employed, the tax returns and profit and loss statements, and if there are pay stubs or 1099s, they are used to calculate monthly income. Typically, child support terminates when the child turns 18 and graduates from high school. If the child is pursuing post-secondary education, a parent must petition for post-secondary support prior to termination of child support. Child support deviations based on residential time, whole family deviations, etc. are factors considered by the court. Often child support is paid through the Division of Child Support (DCS), which keeps records of payments. DCS can administratively set child support because they have concurrent jurisdiction with the Superior Court. If there is a child support arrearage DCS can collect that as well. However the compute interest on the judgment for back child support and it is necessary to get a court order to get a judgment for interest accrued. Interest is computed at the rate of 12% simple interest.

Parties with children under 18 are required to take a 4-parenting seminar about children and separation. Parenting plans in Washington set out the residential schedule for the parents and the children, custody, the decision-making authority of the parties, the dispute resolution steps when differences occur, limitations and restrictions, etc. If there are negative factors present such as domestic violence, substance abuse, or other issues which affect the overall health of the family unit, Child Protective Services (CPS) could be involved in a case in order to address problems in the family. A guardian ad litem (GAL) might be appointed to investigate the parents and negative accusations and make a recommendation to the court as to the parenting plan. In Pierce County, three names of GALs are randomly computer generated on a strike list. Both sides will strike one name and whoever remains on the list will be appointed GAL. The cost is limited and reasonable. However, this varies by county. GALs in King County can charge retainers of $7,000 to $10,000 and $350 per hour. Sometimes a party or the court may motion for a parenting evaluation to determine the appropriate primary parent. A word to the wise, the emotional well-being of children is paramount to the court. The best interests of the children should be the primary concern during any court action. If you are doing anything which hurts your children get help. There parenting coaches, counselors, books, and classes all designed to help you and your children transition to your new life positively.

Parenting Plans can be shared week on and week off, alternate weekends and one-half of all breaks from school, school year with one parent and all summer with the other or any plan agreed to by the parties ordered by the court. But a word to the wise, the court does not know your children like you know your children, if you can work out an arrangement and schedule by agreement, mediation or with a parenting specialist it is far better than arguing in court.

Known as a divorce in Washington state and is a formal legal proceeding terminating a marriage. Washington is a no-fault state, which means one or both parties desire to terminate the marital relationship without regard to fault, such as irreconcilable differences, etc. In Washington, it typically takes about a year from filing the summons and petition for divorce to trial. The stages of the divorce include the beginning, which involves the filing of the summons and petition for dissolution of the marriage.

Ending the marriage is comparable to ending a business–you must resolve the division of property, debts, assets, ongoing liabilities and contracts, and similar obligations. The second stage is discovery, when information is gathered through Interrogatories and Requests for Production and other forms of discovery. The third stage is the trial stage which a constant end goal.

Family law includes a broad spectrum of approaches to resolution of your legal matters. One approach to resolve your family law matters is traditional litigation. This involves presenting your case to a commissioner or judge to decide the parenting issues, the support for the spouse and children, the amount of time you have with your children, maintenance/alimony, who stays in the family home, property division, debts, etc. The court is in control in traditional litigation. Another approach to resolution of your family law matters is collaborative law. In collaborative law you and your spouse or partner are in control of the outcome.

The parties decide the outcome of your case based on the specific needs and interests of both parties, but with the assistance of collaboratively trained legal counsel. Both parties are represented by collaboratively trained attorneys who follow the protocols of a collaborative divorce or other family law matter. Washington State recognizes collaborative resolution to family matters and follows a modified court calendar for a collaborative family law case.

Legal separation involves basically the same Washington Pattern Form as the dissolution of marriage form. The distinction between a legal separation and a divorce is that the parties remain legally married but the issue of property division, parenting plan, child support, debts, etc., are resolved per court order in the decree of legal separation. Legal separations are often based on the religious tenets of the party(ies) against divorce or the necessity to maintain health insurance benefits. Once the decree of legal separation is entered, either party can move the court to convert the decree of legal separation to a decree of divorce six months later.

The stages of the litigation are the same as a divorce.
Declaration of Invalidity: Comparable to an annulment, a decree of invalidity reverses the marriage vows based on certain legal shortfalls. (1) One or both parties were not of legal age to consent to marriage (must be at least seventeen); (2) Parental consent or court order was not obtained for people married at age seventeen; (3) One (or both) spouse(s) were already married or in a registered domestic partnership to another person a.k.a. bigamy; (4) The spouses are too closely related by blood; (5) One (or both) party(ies) did not have the requisite capacity to consent to the marriage because of the influence of drugs or alcohol or because of mental incapacity; (6) One spouse was induced to enter into the marriage by force or duress or by fraud involving the essentials of marriage; and (7) The marriage took place outside of Washington state, and according to the laws of the place where the marriage took place, the marriage is void or voidable. Despite the existence of one or more of these factors, the parties may ratify their marriage curing the invalidity and the court not the marriage invalid.

Similar to divorces or legal separations in Washington state, military divorces differ in that apportionment of retirement is computed by months of service of the military individual and months of the marriage. Twenty-year military spouses are entitled to full military benefits whereas if not at least a 20 year spouse the benefits are partial. Basic housing allowance is included in income for purposes of child support and maintenance. Considerations of the parenting plan are unique in that a specific form is used regarding the parenting plan and changes are based on assignments.

When unmarried parties have a child in Washington and there is no paternity affidavit acknowledging the child or a father identified on the birth certificate, and  parentage must be established, the state or individual can file a paternity action to establish parentage, develop a parenting plan, and child support.  If a party goes on state assistance, the state might bring the action to establish paternity.  If, however, there is a paternity affidavit or birth certificate naming the father, then a petition to establish parenting plan can be filed because the father has been identified.

An uncontested legal matter is one which the respondent does not contest or both parties are in agreement. If a divorce action is filed, the parties agree that the marriage is irretrievably broken, which is the only legal requirement for a divorce. The parties also agree to the property division, debt division, parenting plan and other issues. Some parties believe that an agreement relieves them of clearly articulating the details of the property and debt division or a loosely written parenting plan, etc. The court is charged with making a fair and equitable division of property and debts in light of the circumstances. If the details, values or amounts are not clearly set forth in the final divorce papers, the court does not know if the division is fair and equitable in light of the circumstances.

If you have an uncontested divorce or legal separation, consult with legal counsel just to be on the safe side. In many years of practicing family law, I have dealt with pro se parties who agreed to the terms of a divorce but did not word the divorce decree correctly. One divorce decree awarded the house to the wife, who was to refinance the mortgage into her name only. The divorce decree was silent as to the deadline by which the wife was to get the refinance or if no refinance the date to sell the home to release the husband from the debt. In that case, the husband was on the mortgage for 10 years and counting.