Recent News

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

In the 2010 case Eastwood, the Washington Supreme Court set forth the Independent Duty Doctrine (the “IDD”).  Under the IDD, when two parties had a contract together, one could only sue the other for a “tort” (such as negligence or fraud) if the tort claim “traces back to the breach of a tort duty arising independently… 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

Beresford Booth partner and lawyer Richard R. Beresford was named Edmonds Professional of the Year by Rotary Club of Edmonds Daybreakers. 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

Yes.  Washington Law prohibits the recording of a private conversation without the consent of all persons engaged in the conversation.  RCW 9.73.030.  A violation of RCW 9.73.030 is a gross misdemeanor.  Consent shall be considered obtained “whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective… Read More

Short-term investment gains (that is gains for investments you held for less than a year) are taxed at your ordinary income tax rates. Long-term gains (that is gains on investments you have owned for longer than a year) are taxed depending on your overall income tax bracket. If your overall income falls within the 10%… Read More