Washington Child Support Arrearages

Child support is a large part of any divorce settlement in which children are involved. Beginning in the 1980’s the government placed a more intense focus on enforcing child support payments and going after those who did not comply with their part of the arrangement.

Arrearages. Overdue child support payments are called arrearages. This can occur because of a failure to maintain work, inability to find work, or just simple refusal to pay. Washington judges have become increasingly strict about enforcing child support orders and collecting payments in arrears. If there is not a valid reason for the failure to pay, the court can find you in contempt. Back child support typically accrues at the statutory interest rate of 12%.

Excusing Child Support Debt. Typically, a judge cannot retroactively modify the amount required by a child support obligation. A parent can seek a modification of future support however. Doing so will help them avoid paying the high amount of support owed at the time if they are unable to do so due to reduction in wages or increase of debt. If the parent does not seek a modification, the parent who receives the child support can file to collect the total arrearage, in which case the court will require that the entire child support debt be paid.

If you are facing difficulty receiving or paying for child support, you need the support and advice of a family attorney who cares about the well being of your family. Child support debt is an issue that needs immediate attention so that your children continue to be cared for and you do not face mounting debt.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including child support modification. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Establishing Paternity: DNA Tests

Paternity tests are highly accurate methods of biological testing that are used to determine whether or not a particular man is the father of a particular child (action for Parentage). They are often necessary if the alleged father wishes to challenge the mother on the paternity of the child in question, or if there is uncertainty on the part of either parent as to who the father is. Each party must submit to genetic tests at the request of either party.

An Explanation of Genetic Material. One of the types of paternity tests available is a DNA test. Deoxyribonucleic Acid (DNA), is the genetic material present in every cell of the human body. Half of a child’s genetic material is from his or her biological mother and half from the biological father. The process of DNA testing compares the genetic characteristics of the child to those of the mother. The characteristics that cannot be found in the mother have to have been inherited from the father.

DNA Paternity Testing. The most accurate form of paternity testing possible is DNA testing. An alleged father can be completely ruled out if DNA patterns between the child and the alleged father do not match on two or more DNA probes. However, if the DNA patterns between mother, child, and the alleged father match on every DNA the likelihood of paternity is 99.9 percent. The test can be conducted from a blood sample or a Buccal strap in which a swab is rubbed against the inside of the subject’s cheek.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including parentage (paternity). We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Pretrial Conference In King County Divorce

In King County Washington, the clerks monitors cases with a Case Schedule to make sure the parties and their lawyers are ready for trial. The trial judge will typically schedule a Pretrial Conference about a month before the scheduled trial date. The purpose of this conference is to inform the court of the issues and to make sure everyone is ready for trial on the trial date.

If there are attorneys involved, the attorneys will handle the pretrial conference (typically by telephone) and the client's do not need to appear. If you do not have an attorney, you will need to appear in court.

The judge will ask questions about the case, and then write out an Order From Pretrial Conference. The judge will indicate the estimate of the number of days the trial will last and the issues that will be addressed (parenting plan, child support, maintenance, property, etc.). The court will indicate if anyone has any conflicts with the scheduled trial date, whether the parents have attended the "What About the Children" seminar, whether the parties have attended alternative dispute resolution, and whether there is a parenting evaluation. The court will then order dates by which the parties exchange exhibit and witness lists, create joint statement of evidence, trial binders, pretrial motions, briefs, and proposed final documents. The court can then address any special arrangements that need to be made.

The Pretrial Conference helps the parties, attorneys and judge to be ready so that the trial can go as smoothly as possible.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. When settlement is not possible, we also take our cases to trial. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Discovery in Washington Divorces

On the procedural level, a divorce entails a number of distinct phases over a period of time. One of the most important phases is known as discovery.

At its core, discovery is about revealing details relevant to a particular case. It involves the legal representatives of either party seeking information from the other side, under the penalty of perjury if these facts are withheld or falsified.

Common Discovery Methods

Attorneys go about obtaining evidence for a case (“conducting discovery”) in a number of distinct ways. Some of the more common approaches include:

• Interrogatories - A list of broad questions about the case, such as information regarding employment, assets, debts, care of children, living expenses, and other issues of the marriage. This is a procedure requiring the other party to answer the questions in writing.


• Request for Production of Documents - Apart from the information found in answers to interrogatories, divorce cases are designed to encompass a broad range of potential pieces of evidence, including deeds, bank statements, tax returns, bills, pay stubs, receipts, etc. This is a procedure to have the other side provide the requested documents that are in their possession and control.


• Request for Admissions - Basically a safety-net designed to ensure accuracy of information, a request for admissions seeks to have the other side admit or deny a specific allegation.


• Depositions - Probably the most direct and immediate of discovery procedures, a deposition works much like a testimony on the stand, with the legal counsel of one party putting questions to a witness under oath.


• Subpoena – This is a procedure demanding that a third party provide relevant documents in their possession. An example would be bank statements or canceled checks from a bank, or income or pension information from an employer.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including Declaration of Invalidity (annulment). We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Difference Between Divorce and Annulment

There are two legal ways to end a marriage in the State of Washington. The first way, the Dissolution of Marriage (frequently called divorce), is the ending of a valid marriage through a process that restores the parties' single status and gives them the ability to remarry. The second way, Declaration of Invalidity (frequently called an annulment), completely erases the marriage as if it never existed at all.

While a divorce recognizes that a marriage did exist, a Declaration of Invalidity (annulment)legally declares that the marriage never technically existed and was never valid. Annulments, like divorces, can be initiated by either the husband or the wife. The party that initiates the annulment must be able to prove whatever grounds he or she alleges. Divorce, however, does not require proof of whatever grounds for the divorce are alleged. Such things as "irreconcilable differences" do not require that the parties show exactly what the differences that can't be resolved are.

For a Declaration of Invalidity (annulments), the following are the legal basis under RCW 26.09.040 for declaring that the marriage is invalid and should be erased:

• the age of one or both parties


• lack of parental or court approval


• a prior undissolved marriage of one or both parties


• reasons of consanguinity (closely related by blood)


• a party lacked the capacity to consent to marriage because of mental incapacity, influence of alcohol or other incapacitating substance


• a party was induced into entering into marriage by force, or duress, or by fraud involving the essentials of marriage

• Additionally, the court must find that the parties have not ratified the marriage by voluntarily cohabiting after attaining the age of consent, or obtaining the capacity to consent, or after cessation of the force or duress or discovery of the fraud

Just like in a divorce, once that is determined that the marriage is invalid, other related issues must be resolved. The assets and debts must be divided, custody of any children must be determined, child support and spousal maintenance, restraining orders, attorney fees, and other appropriate issues.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including Declaration of Invalidity (annulment). We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Pet Custody Disputes in Washington

In many divorce or legal separation settlements, the most complicated matters to resolve are child custody arrangements and the division of the couple's assets. In recent years, however, more and more couples have found themselves caught in a legal battle somewhere between the two: custody disputes over pets. Under Washington law, a pet is considered just another piece of property, but many pet owners see their favorite animals as much more than that.

Contrary to popular belief, many animals do not see their human caregivers as interchangeable sources of food and shelter. Dogs, cats, and other animals do have different relationships with different people, including varying levels of closeness and willingness to obey. In other words, it does matter which person a pet ends up living with after a separation. Unfortunately, the law has not been updated to reflect this reality. Many family law judges are unfamiliar with animal behavioral issues, and may not take pet custody disputes seriously. As a result, most divorcing couples with pets are left to settle the matter between themselves.

Some couples agree on a joint custody arrangement; perhaps the pet will alternate homes each week or so, or perhaps one owner will have custody on the weekends. Unfortunately, many pets find this amount of moving around very stressful. The matter can be further complicated if one owner moves out of state or suddenly refuses to let the former spouse visit the pet.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including property division and pets. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.