Divorce and Taxes

http://mgrlaw.com

Divorce often presents tax issues that need to be resolved, including those relating to property and debt, spousal maintenance, child support and sometimes previously filed (or yet to be filed) tax returns. Because of the complexity and high stakes associated with divorce and taxes, this area is one in which you should try to keep the communication open and the emotions out. It will only benefit Uncle Sam if you file separate tax returns out of spite when filing jointly is beneficial. Do not assume that you will be able to claim all deductions and exemptions. That will only lead to fines, penalties and audits if you are wrong. Make sure that all tax-related issues are settled and clearly stated in your Property Settlement Agreement and/or Decree and Order of Child Support. Several issues arise related to divorce and taxes:

1. Filing Status: How are you going to file your taxes? Determine the most financially feasible way to file. Typically, filing a Married Joint Return will result in the lowest taxes. Hint: Do not look at a joint return as any kind of “attachment” to your spouse; this decision is strictly financial. If you are divorced before December 31 of the tax year, you cannot file a joint return for that year.

2. If you do sign a joint return, the law holds both you and your spouse responsible for the entire tax liability. This is called joint and several liability. Joint and several liability applies not only to the tax liability you show on the return but also to any additional tax liability the IRS determines to be due, even if the additional tax is due to income, deductions, or credits of your spouse or former spouse. You remain jointly and severally liable for the taxes, and the IRS can still collect from you, even if you later divorce and the divorce decree states that your former spouse will be solely responsible for the tax obligation. If you are going to do a joint return after separation, you should use a CPA or qualified tax preparer to avoid any mistakes or problems.

3. If you have wrongfully been held responsible for your spouse’s obligation, you can claim that you are an “innocent spouse” and file the appropriate forms with the IRS. Here, you argue that you did not know, and had no reason to know about any under reporting of income or other wrongdoing associated with the filing of the return and therefore should not be held responsible for paying any additional taxes, penalties or interest due.

4. Exemptions: You may claim a child that does not live with you only if it is stated in your Order of Child Support or if mutually agreed upon. Allocation of the tax dependency exemption may be modified by the court upon the filing of a Petition to Modify by either party. If it can be shown that it would be in the best interest of the child for the non-residential parent to claim the child as a tax dependency exemption, the court can award the exemption to the non-residential parent. Where there is more than one child of the marriage and one of the parties has a small amount of income, the tax dependency exemption and child tax credit may not be taken advantage of if that party claims all of the children. At certain income levels, claiming more than one child may not increase the tax refund of the lesser earning parent, whereas the party with greater income could save thousands of dollars each year if the tax dependency exemptions are properly allocated. For this reason, allocation of the tax dependency exemptions is a very important part of every divorce with minor children.

5. Liabilities and Refunds: Taxes owed, or refunds received for time periods before the separation, are usually treated as “community” assets/liabilities and are therefore, split equitably between the parties. In the heat of the moment, some spouses will intercept a tax refund and cash it without the other’s knowledge. All funds must be accounted for and it is likely that if a spouse engages in this behavior their share of the final property settlement will be reduced.

6. Child Support and Maintenance: Child support is not considered income for the receiving parent and is not deductible for tax purposes for the paying parent. Spousal maintenance is considered income for the receiving parent (they must pay income taxes on the money received), and is tax deductible for the paying parent.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Columbia Gorge Half Marathon

Sunday I ran the Columbia Gorge Half Marathon (13.1 miles) with 2 friends. It rained at the start but then stopped. It was a beautiful route on the old highway, looking down on the Columbia River and the gorge. We ran much faster than anticipated, and amazingly I finished 2nd in my age catagory.

Dividing a Business Interest

http://mgrlaw.com

When one party to a divorce is either self employed or has an ownership interest in a business, there are typically two issue that arise. The first, as discussed in my prior blog entry, is determining that persons actual income for child support and/or spousal maintenance purposes. The second issue, which is the topic of this entry, is to determine the actual value of the business interest for property division purposes.

A business is can not only be a source of income, it is also an asset to be divided. Like any other asset (house, retirement, car, investment, etc.), before we award the asset to one party or the other, we need to know its value.

In many small businesses, especially sole proprietorships with no employees, it it is a service business, it may have no value other than as a job or source of income. There may be the value of the assets, equipment, inventory and accounts receivable, but there is no value of the business itself that would be bought or sold by a third party. Therefore there is no additional value to be considered in the divorce in dividing assets. No one would pay money to purchase your [plumbing, contractor, hair cutting, etc.] business, when they could just open up their own business.

In many other businesses, the business is more than just a job, it is an ongoing concern that would have value to a third party who would pay money to purchase it. If the owner died, the business could still continue and flourish. In these cases, the issue becomes, how do we establish a value. The best way to determine the value of the business is to hire a business appraiser. They are professionals who have expertise in valuing businesses. They will look at the tax returns and bookkeeping records of the business, the type of business and its future, the value of similar businesses, and other relevant factors to determine its value.

Once we have determined a value of the business, it can be added to the spreadsheet to determine a fair and equitable division of all of the assets.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Income of a Self Employed Party

http://mgrlaw.com

When one party is either self-employed or has an ownership interest in a business, there are two issues that arise in a divorce case. The first is the parties actual income for child support and spousal maintenance purposes, and the second is the value of the business interest for property division purposes.

Frequently it is critical to determine the income issue first, as it is not uncommon to go to court within a few weeks of filing to determine child support and spousal maintenance in temporary orders. Support is primarily based upon the need vs. ability to pay, and the parties income is a critical component to the ability to pay.

It is not uncommon for a self employed person to understate their income. This can be done in a number of ways, including:

• Payment of personal expenses from the business (such as auto expenses, phone and other utility bills, insurances, entertainment, food, etc.).



• Unreported income like cash payments.



• Money paid from the business to someone else (like parents, children, girlfriends, etc.) for services never rendered, that may eventually be given back.

It is critical to get as much information and documentation as soon as possible. It the client has access to business records, this is quickest and least expensive method. If not, the information can be subpoenaed (income statements, balance sheets, statement of accounts, tax returns, check registers, bank statements, etc.). Also the personal bank records can show unaccounted for deposits (presumably unreported income). Loan and credit card applications are also useful, as the parties state under oath what their income is (and for loan purposes, they tend to overstate the income while for court purposes they will understate their income).

Determining the income of a self employed person can be difficult, because they frequently have a lifetime pattern of hiding their income. There is a wealth of information contained within the financial documents that an experienced business mind can help organize and asses. If your spouse is self employed and has potentially hidden their income, you should consider discussing your case with an experienced family law attorney.

In my next post, I will talk about small business valuation.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Renton Divorce Lawyers for more information.

Equal vs. Equitable

http://mgrlaw.com

In Washington, the legal standard for the division of property and debts is not to divide things equally. At first glace, you might think that it should be. However, the legislature has determined that is not the standard to be used by the courts. An equal division of assets could result in the forced sale of assets and and unfair result considering all of the circumstances of the parties.

In Washington the legal standard is the division of assets and liabilities that results in a fair and equitable division. If the parties cannot decide what this is, then the court will divide things as the court deems fair and equitable.

If the two spouses have equal standards of living (income and expenses) at the time of divorce, and equal division of assets may be fair. If however they do not have equal standards of living (one has been a homemaker while the other has advanced their career), one may require a greater share of the property to cushion the income loss they will suffer at divorce. In that situation, the court may deem it fair and equitable to give that spouse a greater than equal division of the assets.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Talk to an Attorney by Phone?

http://mgrlaw.com

Can I talk to an attorney by telephone? Yes, if you call our office, we usually have an attorney available to take your phone call in person. If no one is available, we will try to return your call within a few hours. If you have a brief question, we will try to assist you by phone. If you have complicated facts or questions, it is usually better to set an appointment with an attorney so we can get all of the relevant information and fully discuss the issues with you. If you have a question, please feel free to call us at 425-255-4542.

Half Marathon

Well, I just ran my first half marathon (13.1 miles) on Labor Day. My daughter and I trained over the summer and had fun running and finishing the race together. It was a great accomplishment for both of us.

Life Insurance Beneficiary

http://mgrlaw.com

If you are in the process of or have recently completed your divorce, you need to consider changing your life insurance beneficiary. If the policy names your spouse, they may receive it even if you are divorced. You should check with your life insurance agent and update your beneficiary. If you are still in the process of the divorce, if there are restraining orders in effect, you may be precluded from changing the beneficiary until after the divorce is finalized.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Seattle Divorce Lawyers for more information.

Drug and Alcohol Evaluations

http://mgrlaw.com

Frequently in parenting disputes, there are allegation of drug or alcohol abuse. Drinking and/or drug usage is not necessarily an issue to the court unless it affects a persons ability to parent. The court wants to know how it has historically affected their parenting skills. Are they intoxicated around the child? Do they pass out when caring for the child? Does it affect their anger and ability to communicate effectively? Does it affect their judgment? Have their been issued of neglect or abuse in the past due their use? The answers to these types of questions tells the court whether their needs to be restrictions due to their drug or alcohol abuse.

When their are allegations that are denied, and the court does not know for sure, it is not uncommon for the court to order a drug and alcohol evaluation by a state licensed facility. Frequently the court will want the evaluation to include an interview, written questionnaire with collateral contacts (including the opposing party), criminal background check, random monitored U.A.'s, and a written evaluation. The evaluation should be released to both sides, the court, and Family Court Services (if involved).

If the evaluation identifies a problem and gives a recommendation, the court will usually require compliance as a condition to ongoing visitation.

The court is trying to balance the interests of allowing contact between the parent and child with protecting the child's safety. The court will seldom deny visitation. In severe cases, the court can allow supervised visitation only. More likely, the court will enter a restraining order, prohibiting the party from using or being under the influence of alcohol or drugs during, or for 12 hours prior to, any visitation.

The court can also provide that if the other party suspects that the parent is under the influence, that they can demand an immediate U.A., and stop the visit. If the U.A. comes up dirty, there is no visitation until they follow treatment or come back to court. If the U.A. is clean, the requesting party has to pay the cost, and make up visits are to be scheduled immediately.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Renton Divorce Attorneys for more information.

Child Support Deviation - Possession of Wealth

http://mgrlaw.com

In Washington, child support is calculated based upon the comparative net income of the respective parents. From this, a standard calculation is determined. The court may deviate from this number in determining the amount of the actual transfer payment. The standards for deviation are found in RCW 26.19.075.

One of the listed reasons for deviation is RCW 26.19.075 (1)(a)(vi), which states:

Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;

To my knowledge, this reason has not been interpreted by the courts, leaving it wide open for argument on what is meant. I don't think this would mean typical middle class savings, investments and assets. For the legislature to include it, they must have meant the possession of substantial wealth or abundance. That still leaves it wide open for interpretation and argument before the court.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Child Support for more information.

Valuation of Assets

http://mgrlaw.com

A frequent question that comes up in divorce cases, is what date do we use to value assets. The short answer is the court will want to use the date of trial, however for settlement purposes, we will use the date of the settlement. There are always exceptions to the rule however.

For a house, the court will usually use the date of trial fair market value, and also the date of trial balance on the mortgage to calculate the equity. Frequently the person living in the house will have been paying down the mortgage during this time. The court usually assumes that that is offset by living in the home "rent free" during that time.

A more difficult issue can be 401(k)'s or IRA's. The asset at separation is community property. Earnings after separation are separate property. Therefore, contributions after separation (either by the employee or employer) are separate property. The difficult issue to determine, is if the value goes up, what portion of the increase is due to increase in market value (which would be community) versus increase due to contribution (which would be separate). If we have all of the data, we can calculate this, but sometimes it can be difficult or time consuming to do it (especially if there have been changes in investments).

If bank account have not been touched, they would be valued at trial. Typically however, someone has had the use of the checking account, and have made deposits and written checks for bills. In that case, we typically use the date of separation value.

Automobiles are typically valued at trial. An exception would be if you get in an accident or have mechanical problems after separation. Then we would use the value at separation before the problem (as that is the individuals responsibility, not the community's).

Valuing assets can be a difficult challenge, not only in determining the value, but in deciding the timing to do so. A good family law attorney can help you navigate through this process.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at Bellevue Divorce Lawyer for more information.

Importance of Service in a Divorce

http://mgrlaw.com

Why is service in a legal action so important? We have a constitutional right to due process. That means you have to have notice of a legal action against you so that you have the right to respond and contest it. The way you get notice is by being personally served. If you ignore that service, then the moving party can take a default judgement against you, receiving what they petitioned for. In Washington, the summons requires you to respond within 20 days (60 if you are being served outside of the state). If you appear, the moving party cannot take a default against you without giving you notice first. The proper way to respond is to file a Response to Petition with the court, and serve a copy on the petitioner or their attorney. Do not ignore service of process.

There are a variety of ways to be served. The best way is to get personal service on the other party. They must be served by someone other than a party to the lawsuit, and they must be 18 years of age and of sound mind. They should file a Declaration of Service in the court file, verifying that it has been done. You can also get substituted service, by serving an adult who lives in the house with the respondent. In some cases, if you cannot locate the respondent, you can get court permission to serve them by mail or by publication in a local newspaper. If the other party was not properly served, and did not have notice, and you take a default, you run the risk of them coming back several months later and moving to vacate the default, and starting the action all over again.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Divorce Procedures for more information.

How to Prepare for a Settlement Conference

http://mgrlaw.com

Frequently in a divorce, the parties engage in a settlement conference prior to trial in hopes of settling the case and avoiding a trial, saving the financial and emotional cost of trial. Settlement conferences usually have a settlement master who is independent (often a retired judge or practicing family law attorney) and assists the parties in reaching a settlement. The following are some ideas that help the parties reach a settlement at a settlement conference.

First, do your homework in advance. Complete all discovery so that everyone knows all the facts. Next, present this information to the settlement conference master in an organized fashion. This should include a cover letter that gives the background of the case, and all the necessary information on all the relevant issues (parenting plan, incomes of the parties, child support, spousal maintenance, property and debt division, restraining orders, etc.). You should include a spreadsheet of the division of the assets, and documentation showing the value of all assets. You should income income verification and Child Support Worksheets. You should include your proposed Parenting Plan.

You need to organize and present all the information necessary to prove your case. While it is not a trial, you need to document your position. All of this information should be submitted to the settlement conference master (and the opposing party/attorney) at least 2 days in advance of your settlement conference. You should also receive the other party's documents and letter at the same time. This will give you some time to understand their position and prepare arguments and find documents against it.

Once you have submitted your documents, you then need to prepare yourself mentally for settlement. This is not a trial, and to settle a case, usually both sides must do some "give and take". It is also important to try to understand what your objective is and what the other sides objective is. Sometimes there are emotional issues that are more important than the dollar amount. If you know what they are, and are willing to "think outside the box", sometimes you can be creative and find a solution that meets both sides objectives.

One of the most important suggestions is to listen to your settlement conference master. He will have read both sides information and will be approaching it objectively as a trial court would. You need to listed to his opinion, because if the case goes to trial, chances are the trial judge will read the case the same way the settlement conference master did. You and your attorney are biased in your favor. The other side is biased in their favor. This is your opportunity to hear a neutral opinion on the case prior to trial. Listen and be willing to settle.

Finally, figure out what the differences are between the two sides, and what the dollar value of that is. Compare that with the cost and risk of trial. Is it worth it to go to trial? It may be, but don't assume that going to trial means that the judge will agree with you. After hearing the case, the judge may agree with the other party, and you would have done better with the results of the settlement conference. What will your attorney charge you to prepare for trial, and to go to trial. Trials can be very expensive (more than the value of what your are arguing over). Realistically evaluate the risks.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Divorce Settltement Conference for more information.

Office Remodel

Please excuse our mess during our office remodel. We have just signed an extension of our office lease, which comes with tenant improvements, including new carpeting and paint. Unfortunately, that means we have to move out of the office space for a long weekend, while they come in and paint and re-carpet. They have started doing some of the work, like stripping the wallpaper in our lobby. At the moment, things look a little sparse (pictures off the wall) and dirty (paint in the carpet). The office is still functioning fine, it is just a little inconvenient for our clients and not as aesthetically pleasing. Hopefully when the process is complete, it will be enjoyable for all. Thank you for your patience.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

Contempt - Jail

http://mgrlaw.com

Court Orders are serious matters. They are to be complied with. If a person does not obey a court order, the other party may bring a Motion for Contempt. Contempt is not designed to punish a person, but to coerce them to abide by and follow the Court Order.

When the Court is faced with a Motion for Contempt, they want to know why the person did not comply with the Order. Did they know about the Order? Did they have the ability to comply with it? Was there a reasonable explanation as to why they did not comply? If the person did not have the ability to comply and explains it to the Court, they may not be found in contempt. If they had the ability to comply and simply chose not to do so, they need to be prepared to face the wrath of the Court.

When there is contempt, the Court will usually impose sanction to encourage them to follow the Order. This may start small and include the costs and attorney fees of the other party, and may include financial penalties. Ultimately, if the party refused to comply, the Court can and will impose jail time. This is usually the last resort, but it is used to get the party's attention. The court may impose one day of jail, with an order to comply in a reasonable amount of time (one week). If they fail to do that, the Court can then have in place an order for additional jail time.

Again, the purpose of the jail time is not to punish, but to get compliance with a Court Order. Typically, jail will do that to a person. Last week, i had the Court impose jail time against an opposing party who refused to obey a Court Order in favor of my client. It was a sobering experience.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Divorce Lawers for more information.

What's so Good about Good Friday?

Today is Good Friday. It is the day in history when Jesus Christ was crucified on the cross some 2,000 years ago. It is sometimes considered a sad day, as the man who claimed to be the messiah, God himself in the form of a man, was killed. With his death came the end of a dream for his 12 disciples and thousands of other followers.

The good news, is that it was not the end of a dream. Three days later, on Sunday morning, he rose from the grave, and then appeared to hundreds of people before ascending into heaven where he sits at the right hand of God Almighty. His resurrection provides us the confidence of knowing that we can enjoy eternal life with him. The key to having that benefit, is having a relationship with him.

God is a holy God, and cannot tolerate the presence of sin. The reality is we have all sinned. The only exception was Jesus, who lived the perfect life. God's holy nature requires a punishment for sin. We can pay that ourself, or let someone else do it for us. That someone else however, must have lived a perfect life. That was Jesus. In his death on the cross, he took God's wrath, so that we do not have to. He lived the life we should live, and died the death that we deserve to die.

The reason we call it Good Friday, is because it is the day that Jesus died. Why is it good that Jesus died? Because you (and I) do not have to if we believe! That is why Christians celebrate Good Friday and Easter.

While this may seem to be off topic on family law and wills and probate, I really do not think it is. We all face life and death decisions, and this is probably the most significant weekend in our calendar to think about it.

Fastest Old Man in Ballard

This last weekend I ran in the Ballard Sons of Norway Leif to Leif 5K fun run. The race ran from the Leif Erikson statue in Ballard out to the Leif Erikson statue at Shilshole Bay, and then back again. It was a fun event, including free heart waffles after the race, and various Norwegian activities (including tasting 5 different jars of pickled herring). When the race was over and they handed out the awards, I received a first place blue ribbon in the 51 to 76 year old age category (my first blue ribbon). I think that means that I was the fastest "old man" in Ballard last Saturday.

Death and the Law

http://mgrlaw.com

I recently had a client come in to have a Will, Durable Power of Attorney and Health Care Directive prepared. He just found out he had cancer, and was given only about a month to live. To say the least, he was in a state of shock. As a lawyer, I am prepared to prepare the proper legal documents for him, but the important issues of life and death, are outside of my legal training.

In talking with him, I had to admit that I could not relate to what he was going through, and could offer him no answers to the questions like why me. The one thing I could offer him was the one thing that gives me comfort and confidence in this life, and in the life to come. That is the assurance of my salvation though faith in Jesus Christ. I shared that I have the confidence in going to heaven after my death, not due to who I am or what I have done, but simply because Jesus lived the perfect life that I should be living (but can't as hard as I try), and died the tragic death that I deserve to have (because of the sinful life I have lived). By putting my faith in Him, believing that He died to pay the penalty of my sin, I am now in right standing with God, and can therefore be in His perfect presence. His resurrection from the dead, can assure me of my life with Him after death.

The loss and sorrow of death is real, but it is extremely comforting to know that one can go to a better place. Please contact me if your are interested in more information about this, or read the following short track: Where Will You Spend Eternity

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at http://mgrlaw.com/legalarticle/Wills-and-Probate-Information.html for more information.

Criteria for Shared Joint Custody in Washington

http://mgrlaw.com

When the parties separate during a divorce and there are children, the determination of a Permanent Parenting Plan can often be one of the biggest issues to resolve. Frequently the the issue of shared or joint custody/residential time (joint custody) comes up. Historically that concept has been disfavored by the legislature and the courts. The old statute prohibited the court from doing this unless the parties agreed to this arrangement. The Washington legislature amended the statute in 2007, eliminating the requirement for the parties to agree to this. Currently, the statute, RCW 26.09.187(3)(b) sets out the criteria for establishing a shared residential schedule in a Permanent Parenting Plan as follows:

"(b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions."

In reality, the courts are still reluctant to award this type of arrangement, but the door has been opened, and with time the courts will be more receptive.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Divorce Procedures for more information.

Criteria for a Permenant Parenting Plan Residential Schedule

http://mgrlaw.com

When the parties separate during a divorce and there are children, the determination of a Permanent Parenting Plan can often be one of the biggest issues to resolve. The Washington statute, RCW 26.09.187 sets out the criteria for establishing the residential schedule for a Permanent Parenting Plan as follows:

(3) RESIDENTIAL PROVISIONS.

(a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances. The child's residential schedule shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child's residential schedule, the court shall consider the following factors:

(i) The relative strength, nature, and stability of the child's relationship with each parent;

(ii) The agreements of the parties, provided they were entered into knowingly and voluntarily;

(iii) Each parent's past and potential for future performance of parenting functions as defined in *RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;

(iv) The emotional needs and developmental level of the child;

(v) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;

(vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and

(vii) Each parent's employment schedule, and shall make accommodations consistent with those schedules.

Factor (i) shall be given the greatest weight.

(b) Where the limitations of RCW 26.09.191 are not dispositive, the court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions.

(c) For any child, residential provisions may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent, including but not limited to requirements of reasonable notice when residential time will not occur.

At trial, the Court will examine each of these factors to determine what is the best interest of the child(ren), and establish the Permanent Parenting Plan.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at http://mgrlaw.com/legalarticle/Family-Law-Information.html for more information.

Criteria for Determining a Temporary Parenting Plan

http://mgrlaw.com

When the parties separate during a divorce, and cannot agree on what the residential schedule should be for the minor children, it is not uncommon for either party to file a motion in Family Court, to establish a Temporary Parenting Plan. The Washington statute, RCW 26.09.197, sets out the criteria for establishing the residential schedule for a Temporary Parenting Plan as follows:

RCW 26.09.197 Issuance of temporary parenting plan — Criteria.

After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall give particular consideration to:

(1) The relative strength, nature, and stability of the child's relationship with each parent; and

(2) Which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending.

The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.

The court is relatively conservative, tending to preserve the status quo as much as possible. That tends to mean that the pattern the parties have voluntarily set up in the past, is likely to be a guide for the court to use in setting the residential schedule for the future, unless there is a reason for doing things differently.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at King County Divorce Lawer for more information.

Washington Prenuptial Agreements

http://mgrlaw.com

A Prenuptial Agreement is a contract entered into by two people before their marriage. They redefine the laws of the State of Washington and how it applies to their specific marriage. They often decide how property will be divided if they get a divorce, legal separation, annulment, of when one of them dies. Some couple wait until after they are married to make these agreements, then the contract is a marital agreement.

In general, a Washington Prenuptial Agreement is more likely to be enforced by a court if the contract is fair and if both parties are honest and clear about their finances, including income, assets (including values), and liabilities. Sometimes a couple will not follow the agreement while they are married, and this can make the agreement unenforceable.

Prenuptial Agreements are very complicated and are often not enforced by a court if they are not carefully written. Attorneys can help make an agreement more enforceable. It is a good idea for both parties to have independent legal advice (meaning each of you have different attorneys) and help in drafting the contract.

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

Page Limits in King County Family Law Motions

http://mgrlaw.com

Are your aware that there are limits to the number of pages you can file in a motion for a family law hearing in King County, Washington? Well there is, and it has been in effect for a couple years. The reason for this is that the court has to read the paperwork for numerous hearings, and the volume of reading was becoming burdensome.

The moving party is limited to a total of 25 pages, and that applies to the total of the documents submitted, including any reply (so don't use up all your pages initially, save some for reply). The responding party is limited to a total of 20 pages. In counting the pages, you do not include any Exhibits, the Financial Declaration, or any expert reports or evaluations. If you submit more pages than allowed, you risk the court stop reading anything beyond the page limit, the court continuing the hearing and making you submit documents within the page limits, or other sanctions by the court.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at King County Divorce Procedure for more information.

How to Stop a Washington Divorce in Progress

http://mgrlaw.com

Occasionally, after a party has started a divorce action in Washington (Dissolution of Marriage), they change their mind, and decide they want to stop the legal proceedings. This may be for a variety of reasons, including reconciliation, guilt, change of mind, giving it another try, etc. As an attorney, I would never stand in the way of the reconciliation of the marriage, but sometimes it is worth letting the legal action sit for a while, while you pursue reconciliation. I would strongly encourage marital counseling. If after a while it is successful, then we can dismiss the legal action. If it does not work, we can proceed from where we left off, and not have to go back and start all over again (costing additional time and money).

The procedure we go through to stop the legal action depends upon where we are in the process. If the other party has not appeared in the action or filed a Response, we can unilaterally dismiss the action with a Voluntary Non Suit. If the other party has appeared and filed a Response, then the petitioning party cannot just unilaterally dismiss the action. It will take the agreement of the parties to dismiss, by filing an Agreed Order of Voluntary Dismissal.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Federal Way Divorce Information for more information.

Confirmation of Issues in King County Washington Divorce

In King County Washington, a divorce is governed by a Case Schedule with a list of critical dates, starting with the date of filing and ending with the Trial Date. About 3 ½ months after filing, a Confirmation of Issues is due. This is an administrative document that tells the court if you are on schedule to meet your trial date. It tells the court if all the pleadings have been filed (generally the Petition and Response), gives the names, addresses and phone numbers of the parties and their attorneys, and informs the court of any parenting issues, to determine if the case needs to be referred to Family Court Services for mediation and/or investigation for a Parenting Plan.

If the parties fail to file the Confirmation of Issues, then they are required to appear at a Status Conference about a month after the due date for the Confirmation of Issues. At the Status Conference, the court will want to know why you did not file the Confirmation of Issues and what issues need to be addressed to get the case back on track. These are merely administrative processes, and do not affect the outcome of a case (unless you fail to comply, which could result in the court dismissing your case).

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Kent Divorce Attorneys for more information.

Motion for Default

When a person is served with a lawsuit, there is generally a Summons that states they must respond within a certain amount of time, typically 20 days if served with in the State of Washington, or 60 days if they are severed outside the State of Washington. To protect themselves, they should file a Response to Petition within that time period, filing a copy with the court and delivering a copy to the petitioner or their attorney. The Response to Petition addresses all of the allegations in the Petition, by either admitting or denying them. By filing a Response, it puts the case at issue so that it can proceed to trial. If a person fails to file a Response, the court (and the petitioner) do not know what issues are being disputed.

If no Response has been filed, the moving party (petitioner) can file a Motion for Default, defaulting the responding party (respondent) out of the lawsuit. If that happens, the petitioner can go to court and get everything they have asked for in their Petition (although they cannot exceed what they have asked for). In a Dissolution of Marriage, there is still the 90 day waiting period in Washington that must expire before you can enter the final Decree of Dissolution to dissolve the marriage. To avoid the default from being entered, the respondent must file the Response.

If the respondent has not appeared in the action in any fashion (phone call, letter, signature or formal papers, etc.), then the petitioner can file the Motion for Default without even giving the respondent any notice. If the respondent has appeared in the action, then the petitioner must give them notice of the Motion for Default, so that they have an opportunity to respond.

If you have been served with a Summons and Petition, make sure you put in a timely Response to Petition. If you are the Petitioner and the respondent has not filed a Response, you can file a Motion for Default and enter a Decree along the lines of your Petition, without having to wait for your trial date.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Seattle Divorce Law Firm for more information.

How Much Does a Divorce Attorney Cost?

This is a very difficult question to answer. It is like asking "How much does a car cost?" The answer depends upon the year, make, model, condition, etc. You get the idea.

Most attorneys in family law cases charge by the hour for their time. The hourly rate the attorney charges typically depends upon their experience. The attorney who charges the lowest rate may not be as proficient or knowledgeable, and therefore not the least expensive to you.

Most attorneys will charge an advanced fee deposit to be paid up front. This deposit should go into the attorney's trust account, meaning it is your funds, not the attorney's. The attorney should send out a monthly bill, summarizing the costs incurred and attorney fees used on your case. Those costs will then be deducted from the trust account. In many cases, you will be requested to replenish the trust account to maintain a minimum balance for future work.

The amount the attorney requests to be placed in the trust account will usually depend upon his/her evaluation of the case. The simpler the case frequently the less required. The more difficult the case frequently the more required. More complicated cases typically require more work, necessitating the larger balance. Frequently we break it down depending upon whether 1) all issues are agreed upon, 2) some issues are not agreed upon, or 3) whether an order to show cause is necessary for the entry of immediate temporary orders. Other issues that can affect it are whether there are children (requiring a Parenting Plan and Order of Child Support), or complicated property issues (separate property, retirement benefits, etc.).

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Family Law Help for more information.

Risk of "Do It Yourself" Divorce

Today, many people decide to handle their own divorce, without the necessity of an attorney. This is much easier to do today, especially in Washington, as there are mandatory forms with instructions to help people to do it themselves.

Unfortunately, without the assistance of an attorney, there are many problems that be created, because the typical person does not know the issues to look for. The following are some of the problems that I have seen over the years:

• Being too general.


• Failure to list assets, especially retirement funds, assuming they go to the person who earned them (bad assumptions).


• Failure to include the legal description of real estate.


• Failure to provide security for a transfer payment.


• Failure to specifically spell out how and when a lien (transfer payment) is to be paid off.


• Not being specific enough in the Parenting Plan.


• Filing in Lincoln County instead of the county where they reside, making enforcement and/or modification in the future more difficult.

These problems may not be obvious at first, and are not realized until months or years later. When they do become obvious, they are much more difficult and expensive to unravel. You can do your own divorce, but you assume the risk of doing so. When you have an attorney do it, they assume that risk for you, and have the professional training and experience to do it properly. If you do it yourself, at a minimum you should have an attorney review your paperwork, so that obvious errors can be identified.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Renton Divorce Law Firm for more information.