Recent News

The Washington State Court of Appeals upheld the trial Court’s decision to deny quasi-judicial immunity to a Guardian ad Litem (GAL) because the GAL acted outside his statutory GAL functions, as alleged in the complaint. Slip Opinion BERESFORD BOOTH has made this content available to the general public for informational purposes only. The information on… Read More

When an engaged couple breaks off the engagement, does the recipient of the ring have to give the ring back? The answer is—depends on the circumstances of the broken engagement. If the recipient (unjustifiably) breaks off the engagement, the ring must be returned to the donor. If the donor unjustifiably breaks off the engagement, the… Read More

Dick and Jane have been living with each other for six months. Dick works at a production plant across town and Jane is a student at a community college located close to the couple’s residence. Dick and Jane are not married. Dick drives Jane’s car to work. Dick and Jane got into a fight on… Read More

It’s a Friday night, husband and wife get into a physical altercation and the police are called. Husband is arrested and taken to the police station where he is charged. After reviewing the charge, the prosecutor determines Husband has committed the crime of Assault in the Fourth Degree, a gross misdemeanor. RCW 9A.36.041. A condition… Read More

What’s on your Facebook profile? Or even your child’s Facebook profile? The answer may end up playing a role in your divorce or child custody matter. Using Facebook as a source of evidence is a growing trend and Washington State is no different. A third of all divorce filings in 2011 contained the word “Facebook.”… Read More

Often times in divorce proceedings, the division of the marital estate and spousal maintenance intertwine. The length of the marriage is an important factor when considering a disproportionate property division in favor of one spouse or the other. So too is the length of the marriage a factor when considering the amount and extent (i.e.,… Read More

The primary or custodial parent, defined as the parent who has the child the majority of overnights in a calendar year, can waive the federal income tax exemption to permit the other, noncustodial parent to claim the exemption for the child.  Determining who should actually claim the child or children is typically memorialized in a… Read More

Managing child support payments can be an ongoing result of a divorce when children are involved. Unfortunately, it’s an obligation many parents struggle with. According to the Washington State Department of Social and Health Services’ website: “Currently, only about one-half of the custodial parents due child support receive full payment. About twenty-five percent receive partial… Read More

The short answer:  Maybe. The criteria for calculation of the parents’ basic support obligation arises under RCW 26.19.071(1), which states "[o]nly the income of the parents of the children whose support is at issue shall be calculated." After determination of the standard calculation, the Court is authorized to deviate from this calculation under certain circumstances.  There is no… Read More