|
Family law includes
divorces, parenting plans, child support modifications, and other
family law problems. I have practiced family law for over 20 years.
The amount of money - and time - you spend on your divorce is
driven by the fighting we have to do - and the amount the other
side wants to fight. We do our best to keep costs down - I don't
believe in fighting just for the sake of fighting. I do believe
in fighting for things that are important. Please click on the
links to the left for further information.
Please
contact us to see how we can assist
you.
Divorce
Divorce
in Washington State takes anywhere from a minimum of 90 days
to a year or more. If you have a contested divorce - especially
if you are fighting over custody or assets which may disappear
- it is very important to start the divorce properly. The procedure
is generally the same from county to county, however, there are
specific rules in every county. You should file in the county
where the other party, or where the children reside; you can also
file in a county that you both agree on. I practice primarily
in King County.
Top of page
Parenting Plans/Modifications
Parenting Plans are required in this state for
all children of the relationship under the age of 18. They lay
out, in excruciating detail, where the child spends their year;
who picks them up and drops them off; etc. They are enforceable
in court against either parent - so it makes sense to spend some
time on them. The court will usually keep the children with the
parent who has been the primary caretaker for the recent past.
Very often, the plan that is initially entered by the court ends
up being the permanent plan - which makes the temporary plan very
critical. If you have a concern about your parenting plan,
or how to start the divorce so that you have the best chance of
getting custody - call me.
Top of page
Child Support
Child support is set as a function of the combined
income of both parents. Then, each parent pays their proportional
share of the support. The custodial parent gets the transfer
payment. The support is not due to the child and the child has
no claim on it. The amount is set by the legislature - although,
there are some grounds for deviations that work. Frequently, people
go to 0the Division of Child Support and ask them to get child
support from the other parent. OSE will do that administratively
if there is no divorce pending. Arguments over child support typically
revolve around what the actual incomes are; whether you count
overtime (yes!); whether you can get a deviation down for other
children you are supporting (yes - sometimes); and how to prove
and get reimbursed for daycare and medical expenses. Parenting
plans (visitation) and child support are completely separate.
Top of page
Cohabilitation Relationships
If you have been living together, have property
together, and have children together, there is no neat and clean
way to deal with the breakup. To deal with the children, and child
support, you will have to bring a paternity action; to deal with
the property you will have to bring a separate civil action, in
either District or Superior Court. You may get attorney fees in
the paternity action, but you won't get them in the civil action.
One way to deal with this is to have a pre-nuptial or co-habitation
agreement. Call me for details - again this is fact specific.
Top of page
Maintenance and Alimony
In Washington, the courts will award maintenance
on any one of three theories. Generally, the court will try to
divide up the community income - after figuring in all of the
community debts - roughly equally for some period of time. The
longer the marriage, and the greater disparity in income, the
longer the award of maintenance. In a short-term marriage, there
may be little to no maintenance awarded; in long term marriages
- 25 to 30 years or more - there may be lifetime maintenance.
Again, this is fact specific - call me with questions.
Top of page
Relocations
Washington State has passed a new relocation
statute that requires notice before the custodial parent can relocate
the child. The details are complex and not well understood - if
your parenting plan doesn't deal directly with relocation, the
statute and notice requirements apply. If you are thinking of
moving, or if this is a problem - call me.
Top of page
|
