Raj Bains (Federal Way Family Law Attorney)

Showing posts with label Seattle. Show all posts

Wednesday, October 11, 2017

Reasons Why Women Initiate Divorce

Bains Law Firm - October 11, 2017

Women initiate divorce more often than men. According to a study conducted by sociology researchers at Stanford University, nearly 70% of divorces are initiated by women. Marriage itself is no longer burdened by outdated notions or expectations. As a result, there are a variety of reasons why more women are seeking a dissolution of their marriage.

1. Abusive Marriage

Increasingly women will not stay in abusive marriages, nor should they. In Washington State there are a vast array of resources for victims of domestic abuse. Victim shelters, domestic violence advocates, no-fault dissolution laws, protection and restraining orders all make relief through a divorce action much more accessible for a wife to escape an abusive marriage.

2. Financial Independence

Today women are more apt to have their own careers and are less likely to be financially dependent upon their husbands. Even many stay-at-home moms have college degrees and other marketable skills. As a result, many wives have the financial freedom to decide upon filing for a divorce with less stress and worry of how the bills are going to paid. In Washington State, even when a spouse is not financially independent, there are laws to help create a level financial playing field for both spouses. This can be done through requests for spousal support and attorney fees, which are generally ruled upon based upon one spouse's need and the other's ability to pay.

3. Cheating Is Intolerable

Unlike days of old when looking away from infidelity was often the norm, today less women will tolerate cheating. These days married couples are viewed more so as equal partners, who together share financial burdens, child rearing, and other demands of married life. When a spouse cheats, the behavior changes the equality in their partnership. Deciding to file for divorce due to cheating has become quite common, especially in this modern age where social media and technology has made it so easy for a spouse to stray.

4. Ending a Bad Marriage

Generally, women no longer trade happiness for a bad marriage. Traditionally, it was believed a woman needed to be married (and even by a certain age) to be happy; this notion is no longer the case. As such, less women are of the belief that they need to be stuck in a bad marriage for the simple sake of being married.

5. Dissatisfaction with the Marriage

Today women are less likely to put their own fulfillment needs aside for the sake of the marriage. If the marriage is not providing what the wife is looking for in a partner spouse, they are more likely to end it. Often as time goes by, the intimate and emotional connection between spouses diminishes, and rather than be dissatisfied, more women are choosing to file for divorce as the couple has grown apart.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. Whatever the reason when filing for a dissolution of your marriage, having a compassionate and experienced attorney to help guide you through the process can be helpful. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relations

Tuesday, April 4, 2017

Washington State Family Law & Divorce: Post-Secondary Educational Support

April 4, 2017 – Bains Law Firm

In Washington State, postsecondary educational support can be ordered to require parents to pay for college for their children. In general, child support obligations end when a child turns eighteen or graduates from high school (whichever occurs later), unless postsecondary educational support is awarded.

When determining whether postsecondary support is required of the parents, the first thing to do is to review the final child support order. If the Court has already established a postsecondary educational support obligation, further Court action is probably unlikely. The parents and the child will have to abide by the postsecondary educational support provision that has been established in the final child support order.

However, when the final child support order sets forth that postsecondary educational support is "reserved" (not addressed), then a petition to modify child support will need to be filed. Reserving postsecondary educational support for a later determination is quite common, unless the child is already in high school at the time the final child support order is entered. Either parent can file a petition to modify the final child support order but it must be done before the child turns eighteen or is no longer enrolled in high school (whichever occurs later).

To qualify for postsecondary support, the adult dependent child must meet certain statutory criteria, such as being enrolled in an accredited academic school and maintain good academic standing. A parent who is obligated to pay for the postsecondary support has the right to all academic records, including grades. In addition, postsecondary support can be suspended if the student does not maintain these requirements or after the child’s twenty-third birthday (unless special circumstances exist).

When the Court is determining an award of postsecondary educational support, it considers the factors in RCW 26.19.090 (2), such as reliance of the child on the parents for the reasonable necessities of life. Other considerations include the age of the child, the child’s needs, the expectations of the parties, the child’s prospects, desires, aptitudes, abilities, or disabilities, as well as many other factors listed below.

RCW 26.19.090

Standards for postsecondary educational support awards.

(2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have decades of experience helping our clients through the difficulty of family law cases, including child support modifications and establishment of post secondary educational support obligations, and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Monday, March 27, 2017

Washington State Family Law & Divorce: Child Support Modification and Adjustment

March 27, 2017 – Bains Law Firm

In Washington, provisions in "final" child support orders can be modified or adjusted. The same is true for "final" parenting plans. Such changes, however, cannot be made in final orders regarding most property awards or debt allocations entered in divorce or legal separation matters. The following discusses modification and adjustment of final child support orders.

There are two ways for most parents to change a final child support order, either by a Petition to Modify Child Support, or a Motion for Adjustment of Child Support.

A parent can file a Petition to Modify a final child support order at any time upon a showing of substantially changed circumstances. However, a substantial change in circumstances cannot be a voluntary change by itself, such as voluntary unemployment or voluntary underemployment.

Alternatively, a Petition to Modify a final child support order can be filed without showing of a substantially changed circumstance, if one year has passed since the final order was entered, and if one of the following requirements is present:

(1) If the order in practice works a severe economic hardship on either party of the child;

(2) If a party requests an adjustment in an order for child support which was based on guidelines which determined the amount of support according to the child’s age, and the child is no longer in the age category on which the current support amount was based;

(3) If a child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or

(4) To add an automatic adjustment of support provision consistent with RCW 26.09.100.

A parent can also file a Motion for Adjustment of child support after 24 months have passed from the date of the entry of the support order (or the last adjustment or modification, whichever is later), without showing a substantial change in circumstances, if one of the following has occurred:

(1) Changes in the income of the parents; or

(2) Changes in the economic table or standards in chapter 26.19 RCW.

Deciding which avenue to pursue, filing a Petition to Modify Child Support or filing a Motion for Adjustment of Child Support, requires detailed factual and legal analysis and should be undertaken upon consultation with competent family law counsel well versed in child support laws.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have decades of experience helping our clients through the difficulty of family law and child support actions and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Monday, March 20, 2017

Washington State Family Law & Divorce: Legal Separation

March 20, 2017 – Bains Law Firm

In Washington State, married couples can file for a legal separation or they can file for a divorce (dissolution of marriage). The process for filing either for a legal separation or divorce is similar, but the legal ramifications are different.

A person may choose to file for legal separation instead of divorce for many different reasons, such as religious beliefs, insurance entitlements, military benefits, immigration status, or simply because the spouses desire not to get a divorce. In these types of situations, legal separation may be a more appropriate choice for the parties.

To begin the process of legal separation, one party must file a petition to the Court, similar to a divorce petition. Once the legal separation process has started, either party can seek relief from the Court regarding issues of parenting, such as child support or parenting plans; or property, such as division of assets and allocation of debts. The Court can also address issues of restraining orders and spousal maintenance.

A major difference between legal separation and divorce is the 90-day waiting period. Legal separation does not have a 90-day waiting period; the matter can be finalized quickly. By contrast, the soonest a final divorce order can be entered is after the expiration of the 90-day waiting period.

Another difference is even after the legal separation is finalized, the parties are still married. As long as and until a final divorce order is entered, neither of the parties will be able to get remarried.

Lastly, when a legal separation order is entered instead of a divorce order, one spouse may be able to stay on the current health insurance of the other spouse, or may receive military benefits from their servicemember spouse.

Converting a legal separation to a divorce:

After the Court has entered a final legal separation order, either party can move to convert it to a final divorce order. In order to convert, a motion must be made to the Court after six months has passed since the final legal separation order has been entered.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law cases including legal separation and divorce, and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Wednesday, March 15, 2017

Washington State Family Law & Divorce: Parenting Plan Modification

March 15, 2017 – Bains Law Firm

In Washington, "final" parenting plans are modifiable (as are final orders of child support). This is unlike final orders regarding most property awards or debt allocations. The following discusses modification of parenting plans.

In order to modify a parenting plan, a parent must file a petition for modification to initiate the case. Next, either party can bring the matter on for an adequate cause determination. This is often called the "threshold requirement" because if a petition fails to establish that adequate cause exists, the case will be dismissed. In an adequate cause hearing, the court looks at the facts alleged by the moving party, which if true, would be sufficient grounds for a modification action to go forward. If the court finds that the adequate cause requirement has been satisfied, the case can proceed to further hearing and/or trial.

Once adequate cause has been determined, the parties can also move for temporary orders. (Note: A party may schedule a motion for temporary orders to be heard at the same time as the adequate cause hearing). Absent a clear emergency, a court will not enter temporary orders in a parenting plan modification action until the threshold, or adequate cause, has been met.

Under the modification statute, there are a variety of grounds for a parent to modify a parenting plan, generally grouped into "minor" and "major" modification actions. Key portions of the relevant modification statute is below.

Minor Modification

RCW 26.09.260 (5)

The court may order adjustments to the residential aspects of a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child … if the proposed modification is only a minor modification in the residential schedule that does not change the residence the child is scheduled to reside in the majority of the time and:

(a) Does not exceed twenty-four full days in a calendar year; or

(b) Is based on a change of residence of the parent with whom the child does not reside the majority of the time or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow; or

(c) Does not result in a schedule that exceeds ninety overnights per year in total, if the court finds that, at the time the petition for modification is filed, the decree of dissolution or parenting plan does not provide reasonable time with the parent with whom the child does not reside a majority of the time, and further, the court finds that it is in the best interests of the child to increase residential time with the parent in excess of the residential time period in (a) of this subsection.

Major Modification

RCW 26.09.260 (1)

….court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child. The effect of a parent's military duties potentially impacting parenting functions shall not, by itself, be a substantial change of circumstances justifying a permanent modification of a prior decree or plan.

RCW 26.09.260 (2)

In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:

(a) The parents agree to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;

(c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or

(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree.

Due to the requirement of adequate cause, the initial petition and supporting pleadings need to be drafted very carefully to maximize the petitioning parent's opportunities for success. Additionally, the statute also provides that if the court finds a modification action has been brought in bad faith, the court shall assess attorney’s fees and court costs against the moving party. As a result, it is very important for parents to have competent family law counsel when making decisions regarding parenting plan modifications.

Family law litigation can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law and modification actions and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Friday, March 3, 2017

Washington State Family Law & Divorce: Mediation - Settlement Conferences

March 3, 2017 – Bains Law Firm

Most family law cases are resolved through mediation (also known as a settlement conference). This eliminates the need to go through a trial which is very costly and emotionally draining. Both Pierce County and King County require the parties to participate in mediation, before a trial even can take place.

In mediation, the parties can resolve all issues to avoid trial. One of the biggest advantages to resolving a case though mediation is that the parties can address their unique family law situation with specificity. No two divorces, child custody, or support cases are alike and mediation allows the parties to craft detailed provisions in their agreements tailored to their particular family. This is in stark contrast to a trial, when a judge usually does not have the time or resources to devote to one particular case beyond generally entering basic court orders. By way of analogy, it has been said that mediation is akin to using a scalpel, whereas trial is more like using an axe.

A mediator is a neutral third party, who will not provide legal advice to either party and mediation sessions are confidential by court rule. The mediator’s role is to find common ground and to assist the parties in reaching an agreement.

In Pierce County, the Court requires a mediation to take place before trial, in accordance with PCLSPR 94.04

PCLSPR 94.4 (d): Settlement conferences are mandatory in dissolution cases, paternity cases, other family law cases and post dissolution petitions for modification (petition to change a parenting plan, residential schedule, or custody order) when the parenting plan or residential schedule is at issue. Settlement conferences are not mandatory for chases addressing only child support and/or division of property and assets and family law cases in which a waiver was granted pursuant to local rules.

In King County, there are similar requirements.

LFLR 16 (a). Alternative Dispute Resolution Required. Except in cases involving domestic violence, child support only modification, or where waived by the court order, the parties in every case shall participate in a settlement conference, medication or other alternative dispute resolution process conducted by a neutral third person no later than thirty (30) days before trial.

Family law litigation, including mediation, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law litigation and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Tuesday, February 14, 2017

Washington State Family Law & Divorce: Relocation with Children - Basis For Determination

February 14, 2017 – Bains LawFirm

The decision to relocate can have an immense impact on the children and the other parent’s time with them. A prior post discussed the process of Notice and Objection in relocation cases. This post discusses the basis for the court to determine a relocation matter once an objection has been timely filed.

There is a presumption that a relocating primary residential parent will be permitted to relocate the children unless the objecting parent can present evidence that outweighs this presumption. The objecting parent must demonstrate the detrimental effect of the relocation overcomes the benefit of the change to the child and the relocating person, based on eleven statutory factors (RCW 26.09.520). Courts have been consistent to set forth that the factors are not weighted and that no inference should be drawn from the order in which they are listed.

The factors are:

(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;

(2) Prior agreements of the parties;

(3) Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;

(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;

(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;

(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;

(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;

(8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;

(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;

(10) The financial impact and logistics of the relocation or its prevention; and

(11) For a temporary order, the amount of time before a final decision can be made at trial.

Relocation cases are often amongst the toughest for families. Courts are very well aware that a relocation of a child, especially one that is a substantial distance, will change the relationship of the parents with the child forever. Often, because there is no middle ground (either the child moves away or stays), it is very difficult to settle child relocation cases, and a trial is had.

Ever since the inception of the Relocation Act, our firm has litigated child relocation cases with a tremendous amount of success for clients, both seeking to relocate and for those parents opposing the relocation of their children. Fully understanding the legal requirements of this Act, is paramount when facing a relocation case.

Family law litigation, including relocation with children, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law and relocation actions and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your case.

Washington State Family Law & Divorce: Relocation with Children - Notice and Objection

February 14, 2017 – Bains Law Firm

Emotions can run very high, when a primary residential parent decides to relocate from the area for a variety of reasons such as, a better job or to be closer to family. This decision can have an immense impact on the children and the other parent’s time with them. When a parenting plan or child custody order have been entered by the Court, and the primary residential parent intends on moving outside of the child’s school district, then the Relocation Act applies. (RCW 26.09.405).

In accordance with the Act, before a child can be moved outside of their school district, the primary residential parent must give notice of the indention to move. The other parent then has an opportunity to contest the relocation.

The primary residential parent is required to give the non-relocating parent 60-days notice of the intent to relocate. In the event 60-day notice is not possible, because of some unexpected event, 5-day notice is required once the parent becomes aware of the anticipated relocation. The primary residential parent may also have to file for a new parenting plan, since the existing plan may not be workable given the geographic distance created by the relocation.

Once notice of the intended relocation is received, the non-relocating parent has 30 days to object with the court. When the objection has been filed, the court will then schedule a trial date, usually on an expedited basis, but sometimes up to four (4) months away.

If the non-relocating parent does not file a timely objection with the Court, the relocation will be permitted. However, when the non-relocating parent does file an objection, the primary residential parent may not relocate until a hearing takes place addressing the objection. As a result, it is critical for non-relocating parents who seek to oppose the relocation be diligent about timely filing their objection.