Life Insurance Beneficiary

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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

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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

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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.