Archive For: Divorce & Family Law
Tax Bill Impact On Divorce And Separation Settlements: Paying Spousal Maintenance Lost Its Tax Advantage
By: Washington State Family Law Lawyer Dimitra S. Scott
For the past 75 years, a party who pays Spousal Maintenance/Alimony received the benefit of a tax deductible expense, and the party receiving spousal maintenance/alimony had the burden of paying income tax on the maintenance received. The tax consequences will change dramatically effective January 1, 2019. Under the new Tax Plan, for all divorce decrees and separation agreements executed after December 31, 2018, spousal maintenance/alimony payments are NOT a tax deductible expense. Such maintenance/alimony payments are treated as tax neutral, like child support is today (e.g., neither a deductible expense to the parent who pays, nor income to a parent
An Update To The Relocation Statute
By: Washington State Family Law Lawyer Anne B. Bennette
A Washington Court of Appeals recently differentiated 50/50 shared parenting plans from plans in which there is a named primary residential parent with respect to the intent to move with the child. “A proposed relocation that would modify a joint parenting plan’s equal residential time to something less than equal residential time is in effect a change in residential placement. Such a change in residential placement requires an adequate cause finding under the modification statute. We therefore conclude that the CRA does not apply to a proposed relocation that would modify the joint parenting plan’s joint and equal residential time
Addressing Support For College Tuition And Expenses
By: Washington State Family Law Lawyer Dimitra S. Scott
Many high school seniors are looking ahead to college, university, or technical school later this year. Faced with rising tuition costs, most of their parents wonder how they will help pay tuition in the Fall. If you have an Order of Child Support, post-secondary support can be ordered to contribute to the cost of tuition, books, housing, and other related expenses. However, you must be careful to ensure the issue is addressed timely or risk waiving the opportunity to seek ongoing support after high school graduation. In most cases, the issue of post-secondary support is reserved in the Order of
Avoid Bad Behavior When You’re Not Getting Along With Your Co-Parent
By: Washington State Family Law Lawyer Anne B. Bennette
When you and a partner have a child (or children) together and then terminate your romantic relationship, it can be extremely difficult to maintain some semblance of amicability while co-parenting. It is certainly commendable for those who are able to do so throughout, but seldom will this be the case for the duration of your child’s life or children’s lives. Differences in opinions on child rearing, one party’s inability to conform to a schedule, and disagreements regarding extracurricular activities are just some of the issues that may frustrate you to the point you want to take action. WHAT NOT TO
New Mandatory Forms For Family Law Litigants In Washington State
By: Washington State Family Law Lawyer Anne B. Bennette
As a result of a major six-year overhaul by the Access to Justice Board, new “Plain Language” Family Law Forms are currently available on https://www.courts.wa.gov/forms and mandatory to be used in all family law cases as of July 1, 2016. The purpose for the overhaul was to make the court forms more comprehensible for Pro Se litigants, the benefit being that some of the legalistic and archaic language has been removed and most forms provide check boxes for further simplification. As this is a new endeavor for the Access to Justice Board, they welcome feedback from practitioners, judges, courthouse facilitators,
Dividing Property At The End Of Committed Intimate Relationship In Washington State
By: BeresfordBooth
If you are in a marriage-like relationship with another adult, referred to as a “meretricious relationship” or a “committed intimate relationship,” but not legally married, Washington State courts can still determine the division of debts and assets you acquired during the relationship. In order to determine whether you and your former partner fall into the definition of a “committed intimate relationship” the Court will consider the following 5 factors: Continuous cohabitation; Duration of the relationship; Purpose of the relationship; Pooling of resources and services for joint projects; and The intent of the parties. Similar to what happens in a dissolution
Legal Marijuana Use In Washington State And Divorce And Child Custody
By: BeresfordBooth
Washington State has legalized the use of marijuana. Clients are now frequently asking whether or not their use of marijuana will impact their divorce or a custody determination. Much like alcohol use (or abuse), it depends on whether the use of marijuana has an impact on a parent’s ability to parent. Under RCW 26.09.191(3)(c), “A parent's involvement or conduct may have an adverse effect on the child’s best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist: . . . A long-term impairment resulting from drug, alcohol, or
Who Pays For A Child’s College In Case Of Divorce In Washington State?
By: Washington State Family Law Lawyer Dimitra S. Scott
High School graduation is on the horizon. Your child may have plans to attend college or vocational school in the fall. How (or who) is going to pay the expense? Courts in Washington state have the authority and discretion to determine whether the parents must pay. If you have an Order of Child Support, the issue of post-secondary support may already be addressed. Depending upon the age of the child at the time the order was entered, the issue of post-secondary support may have been reserved for later determination provided the issue is addressed timely. Although all Orders of Child
Washington State Appellate Court Indicates Termination of Parental Rights Trials Should Be Open
By: BeresfordBooth
In a recent Washington State Court of Appeals case, the appellate court indicated a termination trial (i.e., the termination of a parent-child relationship) in an adoption matter should be open to the public. Because of a procedural error, the appellate Court did not make such a ruling but ruled the appellant father, whose parental rights were terminated, raised a constitutional claim of error to RCW 26.33.060, which states, in part, as follows: “All hearings under this chapter shall be heard by the court without a jury…The general public shall be excluded and only those persons shall be admitted whose presence