tag:blogger.com,1999:blog-49899323025942687162024-03-12T22:48:20.977-07:00MOGREN GLESSNER & AHRENSHelpful information about family law (divorce, custody, property division, child support, maintenance, relocation, adoption) and estate planning (wills, Community Property Agreements, Durable Power of Attorney, probate, etc.) from Peter Mogren, an attorney from the Renton Washington law firm established in 1942. We service the greater Seattle area, including Bellevue, Federal Way, SeaTac, Burien, Mercer Island and Kent.Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.comBlogger93125tag:blogger.com,1999:blog-4989932302594268716.post-13255225780515788902013-10-30T11:41:00.000-07:002013-10-30T11:41:29.735-07:00Passport For Child After DivorceWhat do you do when you hear your ex-spouse plans to take your children on a vacation out of the country? What do you do? Knowing your legal rights will help put you at east and protect your relationship with your children. To take your children out of the country, the parent needs to get a passport. To get a passport for a minor child, the following is required: Completed Application For A U.S. Passport, Form DS-11 Submit child's evidence of U.S. Citizenship Submit evidence of relationship between the child and parent/guardian Submit Identification of both parents Provide Parental Consent (granted within 3 months) Payment of application fee Passport photo of child The requirement for parents with shared custody is providing parental consent. Both parents must give consent to obtain a passport for a minor child under the age of sixteen (16). There are three (3) ways that consent can be granted for a parent to obtain a passport for their minor child: Both parents appear in person with the minor child and sign Form DS-11 in front of an Acceptance Agent One parent appear in person with the minor child, and sign Form DS-11 in front of an Acceptance Agent, and submit the second parent's notarized Statement of Consent (Form DS-3053) If one parent has sole legal custody, that parent appear in person with the minor child, and sign Form DS-11 in front of an Acceptance Agent, and submit primary evidence of sole authority to apply for the minor child, using one of the following: Minor's certified Birth Certificate that lists only the applying parent Consular Report of Birth Abroad or Certification of Birth Abroad listing only the applying parent. Court Order granting sole custody to the applying parent (unless the child's travel is restricted by that order). Adoption Decree (if the applying parent is the sole adopting parent). Court Order specifically permitting the applying parent's travel with the child. Judicial declaration of incompetence of the non-applying parent. Death Certificate of the non-applying parent. Either you or your ex-spouse can obtain a passport for your minor child either with the others consent or by court order. You can find the forms and additional information about international travel with minor on the U.S. Department of State website. Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com8tag:blogger.com,1999:blog-4989932302594268716.post-29211699395383291612013-04-04T11:45:00.000-07:002013-04-04T11:45:25.000-07:00Compassion and Convictions<div class="separator" style="clear: both; text-align: center;">
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<span style="font-size: large;">The following is a quote I came across from Rick Warren that I find insightful in this age of political correctness:</span><br />
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<span style="font-size: large;">“Our culture has accepted two huge lies. The first is that if you disagree with someone’s lifestyle, you must fear or hate them. The second is that to love someone means you agree with everything they believe or do. Both are nonsense. You don’t have to compromise convictions to be compassionate.” </span><br />
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Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com3tag:blogger.com,1999:blog-4989932302594268716.post-41528076650466309762012-10-03T08:40:00.005-07:002012-10-03T09:45:59.959-07:00Power of Attorney for Adult Children<div class="separator" style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none; clear: both; text-align: center;">
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Do you have a Power of Attorney for your adult children? Do you realize the possible need for one and the potential consequence of not having one?<br />
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A Power of Attorney is a document that allows another person to make decisions and sign documents on your behalf. These are important documents in estate planning. Typically a husband and wife will grant one to the other, to take effect in the event of a disability or incompetency. If the spouse becomes incompetent, then the Power of Attorney takes effect and you do not need to go to court to get a Guardianship set up (saving time and money).<br />
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What if you have adult (over age 18) children, who are not married? If they do not have a Power of Attorney, and become incompetent (as a result of an illness or injury), then it may be necessary to go through the expense of a guardianship to legally care for them. They are no longer minors that you have the legal authority over. This becomes relevant as they graduate from high school or enter life on their own.<br />
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I would strongly suggest talking with your adult children about them giving a Power of Attorney to you or someone they trust, to make decisions and care for them if they become incapacitated.<br />
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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 <a href="http://mgrlaw.com/">Renton Divorce Attorneys</a> for more information. <br />
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<br />Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com5Seattle, WA, USA47.6062095 -122.332070847.43492 -122.64792779999999 47.777499 -122.0162138tag:blogger.com,1999:blog-4989932302594268716.post-76840709667712237052012-09-27T16:17:00.000-07:002012-10-03T09:01:09.423-07:00Renton Criminal Defense Lawyer<div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEglSlYobaPwluIAF4xAADudl6EWiyr7myH6WikkHGstbiHTvxhth0et9128DLFTSUo9n-X6GMWpPZQKoQZ5YXPGVWiwPSCaFy2fZXU-j2jAChvkjsVIDsrvKpJ544KEb8QHJyG2vJidpOL3/s1600/Michelle+Ahrens.jpg" imageanchor="1" style="clear: left; cssfloat: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="133" kea="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEglSlYobaPwluIAF4xAADudl6EWiyr7myH6WikkHGstbiHTvxhth0et9128DLFTSUo9n-X6GMWpPZQKoQZ5YXPGVWiwPSCaFy2fZXU-j2jAChvkjsVIDsrvKpJ544KEb8QHJyG2vJidpOL3/s200/Michelle+Ahrens.jpg" width="200" /></a>Welcome to our new attorney, Michelle R. Ahrens. Michelle has over 20 years of extensive experience in criminal law, including DUI, Deferred Prosectuion, assault, domestic violence, theft, felony drug offenses, reckless and negligent driving. Michelle handles juvenile, gross misdemeanors and felonies. </div>
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If you have criminal issues, please call (425-255-4542) and discuss your case with Michelle R. Ahrens. The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of criminal and family law cases. We have 4 attorneys for you to chose from. Please visit our web page at <a href="http://mgrlaw.com/Criminal-Defense/Renton-Criminal-Attorney.html" target="_blank">Renton Attorneys</a> for more information. <br />
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Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com18Renton, WA, USA47.4828776 -122.217066147.3970306 -122.3749946 47.5687246 -122.0591376tag:blogger.com,1999:blog-4989932302594268716.post-33734545256965240362012-03-27T14:49:00.002-07:002012-10-03T08:42:07.086-07:00Seattle Divorce Attorney<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgl7ENPXX_f1IH_66XBwX33g4un-7w1hNn7z-SWYZhlz_FFqdwEFr69LGTx9Mu5T_seWV5tHW5CP7-yi2Wk5gMMgf9UQE4Y9DKIf2X2kCNEPe3dRsZxD_bnTNao4KhSAyDUKCjXzdZld7Vs/s1600/Google.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5724698319575757618" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgl7ENPXX_f1IH_66XBwX33g4un-7w1hNn7z-SWYZhlz_FFqdwEFr69LGTx9Mu5T_seWV5tHW5CP7-yi2Wk5gMMgf9UQE4Y9DKIf2X2kCNEPe3dRsZxD_bnTNao4KhSAyDUKCjXzdZld7Vs/s200/Google.jpg" style="cursor: hand; float: right; height: 178px; margin: 0px 0px 10px 10px; width: 200px;" /></a>Mogren, Glessner & Roit, P.S., is a law firm located in the south Seattle area (Renton) of Washington. We offer services in the area of family law, including declaration of invalidity, legal separation, dissolution of marriage, and modifications of various final orders (child support, spousal maintenance and parenting plans). If you live in the greater Seattle area, and need an experienced family law attorney, please call us at 425-255-4542 and talk to one of our attorneys.Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com30Seattle, WA, USA47.6062095 -122.332070847.43492 -122.64792779999999 47.777499 -122.0162138tag:blogger.com,1999:blog-4989932302594268716.post-46433275582143196432012-03-22T17:17:00.003-07:002012-03-22T17:21:12.800-07:00Office Manager<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjvMunUDM8ZmVYhK4Zs6ZgLiCHPtolZQvW8MXXY1DlGJryDUiCDHORqg2bsrrLp4ponmNwboLdBVKtHnjYarZtkXvtdRfVSkCvLTNY3bDBoeNRlvuB8zMnbjdc5amQ2f5Bco53pxRC1169w/s1600/peter2010large.jpg"><img style="MARGIN: 0px 10px 10px 0px; WIDTH: 200px; FLOAT: left; HEIGHT: 170px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5722880938498115442" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjvMunUDM8ZmVYhK4Zs6ZgLiCHPtolZQvW8MXXY1DlGJryDUiCDHORqg2bsrrLp4ponmNwboLdBVKtHnjYarZtkXvtdRfVSkCvLTNY3bDBoeNRlvuB8zMnbjdc5amQ2f5Bco53pxRC1169w/s200/peter2010large.jpg" /></a> <br /><div><a href="http://mgrlaw.com/">http://mgrlaw.com/</a> Our office manager, Madeleine Moore, was in a car accident over the weekend. Our prayers go out to her as she recovers. Madeleine has worked in the office longer than any of the attorneys, and her work is greatly appreciated.</div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com1tag:blogger.com,1999:blog-4989932302594268716.post-57468499109232036712012-03-16T15:18:00.005-07:002012-10-03T08:42:54.135-07:00Lincoln County Washington Divorce<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg09gcA8xcl1AyCMXxZ6HE5eDXxXTEf7ssXwwHNIg8jEP6EVDltCK9ifinPjvqLOrc3rV65d5UER76NG1crmUChwcQlrxE5xTDnecCYvTDhenYDS60vwlr6AcK1LYOfbiEpcoTkBShHGeeX/s1600/peter2010small.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5720624557418999794" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg09gcA8xcl1AyCMXxZ6HE5eDXxXTEf7ssXwwHNIg8jEP6EVDltCK9ifinPjvqLOrc3rV65d5UER76NG1crmUChwcQlrxE5xTDnecCYvTDhenYDS60vwlr6AcK1LYOfbiEpcoTkBShHGeeX/s200/peter2010small.jpg" style="cursor: hand; float: right; height: 170px; margin: 0px 0px 10px 10px; width: 200px;" /></a><br />
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<a href="http://mgrlaw.com/">http://mgrlaw.com/</a> In the past, Lincoln County was the preferred county in Washington to file for divorces prepared by paralegals. The reason was paralegals could not appear in court, and Lincoln County was the only county in Washington that would allow the entry of a Decree without personal testimony. Therefore, paralegals would prepare the documents for clients, who would file in Lincoln County and could finalize without appearing in court.</div>
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Recently, King County eliminated the necessity for personal testimony in entry of a Decree. Instead, a simple written Declaration by the client will suffice. This eliminates the need to file in Lincoln County. This also eliminates problems for clients, when years later, there is a problem, and you need to return to court. If you reside in King County and the Decree is in Lincoln County, you have a problem. You either have to litigate the issue the other side of the mountains (just outside of Spokane), or transfer the case over to King County.</div>
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There is no longer a need to file in Lincoln County (unless you live there). You should file in the county in which you reside.</div>
Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com5Seattle, WA, USA47.6062095 -122.332070847.43492 -122.64792779999999 47.777499 -122.0162138tag:blogger.com,1999:blog-4989932302594268716.post-23893221814214011562012-03-14T14:07:00.004-07:002012-10-03T08:44:14.328-07:00When can a Child Decide Where They Want to Live in a Divorce?<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVKqT0GnaY9EXEFg-FgDxg0CJLgz_rXlCLMHDka72F9kf8f4Y6ncc-Hdz6IN6eSyldu_-EZXqzZz1OMgyfLoO1O5oGHY5dcGY7wmVBGYwtlzdrnwYswQpDC69KL7rFYiai2iLs0bkLAbUr/s1600/peter2010small.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5719863114535951346" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVKqT0GnaY9EXEFg-FgDxg0CJLgz_rXlCLMHDka72F9kf8f4Y6ncc-Hdz6IN6eSyldu_-EZXqzZz1OMgyfLoO1O5oGHY5dcGY7wmVBGYwtlzdrnwYswQpDC69KL7rFYiai2iLs0bkLAbUr/s200/peter2010small.jpg" style="cursor: hand; float: left; height: 170px; margin: 0px 10px 10px 0px; width: 200px;" /></a><br />
<a href="http://mgrlaw.com/">http://mgrlaw.com</a><br />
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In Washington, a child cannot decide where they will live in a divorce process. This is the decision of the parents, and if the parents cannot decide, then the courts will decide. </div>
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Depending upon the age and maturity of the child, the court may take the child's wishes into consideration, but generally the courts do not want the child involved in this decision. The court may appoint a Guardian Ad Litem to represent the best interests (not stated desires) of the child in the process, or appoint a parenting evaluator (M.S.W. or Psychiatrist or Psychologist) to make a recommendation to the court as to the child's best interests. Again, depending upon the age of the child, these experts may ask the child questions like how they get along with each parent or what they like to do with each parent, but will usually not ask the child who they want to live with, as that is an inappropriate question. </div>
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There are many reasons a child should not be asked this question. Generally, children want to live with both parents in a happy family, which is no longer an option. Younger children will tell both parents in private that they want to live with them, because that is true, and they don't want to hurt their feelings. It is not appropriate to force a child essentially reject one parent in this legal process they had nothing to do with. Older teens can pit one parent against the other, saying if you give me ____ (bicycle, car, etc.), then I will say I want to live with you. We cannot give children that kind of authority, or the parents will lose all authority. </div>
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This is the decision of the parents, not the child. If the parents cannot agree, then the courts are there to decide. </div>
Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0Renton, WA, USA47.4828776 -122.217066147.3970306 -122.3749946 47.5687246 -122.0591376tag:blogger.com,1999:blog-4989932302594268716.post-69603278875434275982010-10-27T11:32:00.001-07:002012-03-16T15:09:20.551-07:00Divorce and Taxes<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhBHWQIw-6r_8bQBrKBeFHkQ1X7BTEtMuC-d7Ug-rm_WaCGHO3ey67Eu5vOLtuVo6QvkHxVFZ9zrs0SZuAhbU-IX98GtHmz8ydq8u-GvSx3BBl7Q5uBVyaJLIlyHTg2PiZbcr5ZKH9qD6dX/s1600/PWMJune08.jpg"><img style="MARGIN: 0px 0px 10px 10px; WIDTH: 150px; FLOAT: right; HEIGHT: 200px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5532796707539308498" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhBHWQIw-6r_8bQBrKBeFHkQ1X7BTEtMuC-d7Ug-rm_WaCGHO3ey67Eu5vOLtuVo6QvkHxVFZ9zrs0SZuAhbU-IX98GtHmz8ydq8u-GvSx3BBl7Q5uBVyaJLIlyHTg2PiZbcr5ZKH9qD6dX/s200/PWMJune08.jpg" /></a><br /><br /><div><br /><div><a href="http://mgrlaw.com/">http://mgrlaw.com</a></div><br /><div>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:<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /></div><br /><br /><div>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.<br /><br />The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at <a href="http://mgrlaw.com/legalarticle/Family-Law-Information.html">Seattle Divorce Lawyers </a>for more information. </div><br /><br /><div></div><a href="https://profiles.google.com/108776869475123434138#108776869475123434138" rel="author"><br /><img src="http://ssl.gstatic.com/images/icons/gplus-32.png" width="32" height="32" /><br /></a><br /><br /><br /><p></p><br /><br /><div></div></div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com1tag:blogger.com,1999:blog-4989932302594268716.post-48116055965037257452010-10-25T09:12:00.001-07:002010-10-29T08:58:30.975-07:00Columbia Gorge Half Marathon<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjnj1DqkrOUQ8LluivLFSuQ0b39FE9vCZq4CrjlQGwvC1zkFLhJFFesC_-pRhX16h_Wy65PmTf2fw-m2aIvX6Ju9cque5Y74zPcLH369EOzN5Rcef50OCy_jGgA1grsfWPRt9wSr9RlM28c/s1600/Hood+River+Half+Marathon.JPG"><img style="MARGIN: 0px 10px 10px 0px; WIDTH: 200px; FLOAT: left; HEIGHT: 176px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5532018142187603378" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjnj1DqkrOUQ8LluivLFSuQ0b39FE9vCZq4CrjlQGwvC1zkFLhJFFesC_-pRhX16h_Wy65PmTf2fw-m2aIvX6Ju9cque5Y74zPcLH369EOzN5Rcef50OCy_jGgA1grsfWPRt9wSr9RlM28c/s200/Hood+River+Half+Marathon.JPG" /></a><br /><div>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. </div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com3tag:blogger.com,1999:blog-4989932302594268716.post-24403852381803329692010-10-22T10:24:00.001-07:002012-10-03T08:44:56.611-07:00Dividing a Business Interest<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiqh7siOz82g9cxJxBYkUJlcxMlBILFNmD9cOm0VbowBpy3Ay89FfahzbmTg2zLMFzpjCGB3ByrQwW8iJ2ynzzXSMrG8nlhsgfRtZafcd9TMFk4OFgVoIki090B_joXcGZjrubaEkaCOPKB/s1600/peter2010small.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5530931917197964274" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiqh7siOz82g9cxJxBYkUJlcxMlBILFNmD9cOm0VbowBpy3Ay89FfahzbmTg2zLMFzpjCGB3ByrQwW8iJ2ynzzXSMrG8nlhsgfRtZafcd9TMFk4OFgVoIki090B_joXcGZjrubaEkaCOPKB/s200/peter2010small.jpg" style="cursor: hand; float: right; height: 170px; margin: 0px 0px 10px 10px; width: 200px;" /></a><br />
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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.<br />
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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.<br />
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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.<br />
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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.<br />
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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.<br />
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The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at <a href="http://mgrlaw.com/legalarticle/Family-Law-Information.html">Seattle Divorce Lawyers </a>for more information. </div>
Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0Seattle, WA, USA47.6062095 -122.332070847.43492 -122.64792779999999 47.777499 -122.0162138tag:blogger.com,1999:blog-4989932302594268716.post-80324634747596574792010-10-20T09:02:00.001-07:002012-03-16T15:11:19.842-07:00Income of a Self Employed Party<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiqUxwgtlu2cal2eVwTGmj2_X8FUNFr_NKlxP65kBpy9XK8vT4tXngMNhoLa8bRMgmV3HqHBhjeyDBKh1tKlQHY7xa5DZtU4wsxWlArFKJX2iUc8cdiG9CrRO9WAUlS_HzFvBxXwk-WZvxt/s1600/peter2010small.jpg"><img style="MARGIN: 0px 10px 10px 0px; WIDTH: 200px; FLOAT: left; HEIGHT: 170px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5530166063092669410" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiqUxwgtlu2cal2eVwTGmj2_X8FUNFr_NKlxP65kBpy9XK8vT4tXngMNhoLa8bRMgmV3HqHBhjeyDBKh1tKlQHY7xa5DZtU4wsxWlArFKJX2iUc8cdiG9CrRO9WAUlS_HzFvBxXwk-WZvxt/s200/peter2010small.jpg" /></a><br /><br /><div><a href="http://mgrlaw.com/">http://mgrlaw.com</a></div><br /><div>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.<br /><br />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.<br /><br />It is not uncommon for a self employed person to understate their income. This can be done in a number of ways, including:<br /></div><br /><ul><br /><br /><li>Payment of personal expenses from the business (such as auto expenses, phone and other utility bills, insurances, entertainment, food, etc.).</li><br /><br /><li>Unreported income like cash payments.</li><br /><br /><li>Money paid from the business to someone else (like parents, children, girlfriends, etc.) for services never rendered, that may eventually be given back.</li></ul><br /><div>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).<br /><br />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.<br /><br />In my next post, I will talk about small business valuation.<br /><br />The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at <a href="http://mgrlaw.com/familylaw/Property-Division.html">Renton Divorce Lawyers </a>for more information. </div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0tag:blogger.com,1999:blog-4989932302594268716.post-68441434620087995632010-10-19T13:41:00.001-07:002012-03-16T15:11:48.442-07:00Equal vs. Equitable<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEieqwpVbG0t7MClHjllJKWFuj7JYX1ciLS0asuvgwhTdSoq7fWmiMfdy_-YgbgD8DMnpC0nlDr-H6NqFu7u9hjNOEeLcayTWdbkLRJzbZj_7qHnS7eCEEcxUmaQsZWr3ryn_nn_NFZaLE2_/s1600/peter2010small.jpg"><img style="MARGIN: 0px 0px 10px 10px; WIDTH: 200px; FLOAT: right; HEIGHT: 170px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5529863396928011250" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEieqwpVbG0t7MClHjllJKWFuj7JYX1ciLS0asuvgwhTdSoq7fWmiMfdy_-YgbgD8DMnpC0nlDr-H6NqFu7u9hjNOEeLcayTWdbkLRJzbZj_7qHnS7eCEEcxUmaQsZWr3ryn_nn_NFZaLE2_/s200/peter2010small.jpg" /></a><br /><br /><div><a href="http://mgrlaw.com/">http://mgrlaw.com</a></div><br /><div>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.</div><br /><div></div><br /><br /><div>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. </div><br /><br /><div></div><br /><div>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.</div><br /><div></div><br /><div></div><br />The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at <a href="http://mgrlaw.com/">Seattle Divorce Lawyers</a> for more information.Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0tag:blogger.com,1999:blog-4989932302594268716.post-4743434892991802032010-10-14T14:07:00.001-07:002012-03-16T15:12:12.272-07:00Talk to an Attorney by Phone?<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi6iBUf9k9aJaHQA-R_N0ALxkUfV7mOw6qrpy-AnlApp143pU2EgMwGUufQmryXN7Pe3ditcfcSa7R9bTZg3BNJCGYp9wn49BB-chj6zZKaEQbg0wV5cbtsAj1I_JIJg_cCMBiEWiRtvW9C/s1600/peter2010small.jpg"><img style="MARGIN: 0px 10px 10px 0px; WIDTH: 200px; FLOAT: left; HEIGHT: 170px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5528012199923927010" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi6iBUf9k9aJaHQA-R_N0ALxkUfV7mOw6qrpy-AnlApp143pU2EgMwGUufQmryXN7Pe3ditcfcSa7R9bTZg3BNJCGYp9wn49BB-chj6zZKaEQbg0wV5cbtsAj1I_JIJg_cCMBiEWiRtvW9C/s200/peter2010small.jpg" /></a><br /><br /><div><a href="http://mgrlaw.com/">http://mgrlaw.com</a></div><br /><div>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.</div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0tag:blogger.com,1999:blog-4989932302594268716.post-7726018602069509082010-10-12T09:55:00.000-07:002010-10-12T09:59:26.464-07:00Half Marathon<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhRoxc-d-Kiv0hnR_f6qwdDMpZTEeRvE0WC-IcmttX-hWEBL7Oy7XFp-2yvEjeiai1r54Q_tcG7wVwMV-DrB1HOP2E3GiLE3lI2CFe7FAS809gUHOaW6bfZ6_yran7BGYbnO_17v7MzjUBB/s1600/Half%2520Marathon.jpg"><img style="MARGIN: 0px 0px 10px 10px; WIDTH: 133px; FLOAT: right; HEIGHT: 200px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5527205021541126834" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhRoxc-d-Kiv0hnR_f6qwdDMpZTEeRvE0WC-IcmttX-hWEBL7Oy7XFp-2yvEjeiai1r54Q_tcG7wVwMV-DrB1HOP2E3GiLE3lI2CFe7FAS809gUHOaW6bfZ6_yran7BGYbnO_17v7MzjUBB/s200/Half%2520Marathon.jpg" /></a><br /><div>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.</div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0tag:blogger.com,1999:blog-4989932302594268716.post-32338333472410997932010-06-22T14:55:00.001-07:002012-03-16T15:12:33.975-07:00Life Insurance Beneficiary<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjYEkWtK0csNde8H_Id6hRh2zdCf_xGH6Ug5O0IHj51dDazCkngzZut-4KnOct6D1pkiUp6a-SxTF-L98TNMEF9J3z5WicHjVDVEVJ9o3Qnxz2EjFkx7kDIZIsiPi1UEOeOfnPVnu5S9WMK/s1600/PWMJune08.jpg"><img style="MARGIN: 0px 10px 10px 0px; WIDTH: 150px; FLOAT: left; HEIGHT: 200px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5485721186105436802" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjYEkWtK0csNde8H_Id6hRh2zdCf_xGH6Ug5O0IHj51dDazCkngzZut-4KnOct6D1pkiUp6a-SxTF-L98TNMEF9J3z5WicHjVDVEVJ9o3Qnxz2EjFkx7kDIZIsiPi1UEOeOfnPVnu5S9WMK/s200/PWMJune08.jpg" /></a><br /><br /><div><a href="http://mgrlaw.com/">http://mgrlaw.com</a></div><br /><div>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.<br /><br />The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at <a href="http://www.mgrlaw.com/">Seattle Divorce Lawyers</a> for more information. </div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com3tag:blogger.com,1999:blog-4989932302594268716.post-68619973918285379782010-06-11T10:03:00.001-07:002012-10-03T08:56:35.531-07:00Drug and Alcohol Evaluations<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg_4jibIofzuCzLWrJk6nizUAuV26IZFDccNb_BVhlVAZQcd23HRLWq3hVzd2CVhyphenhyphenZfnE-RrKVsnyA8KME90jr_genwg-8PAmjnSrXcFUo0x-Y4m7rQYIw-wKYIH1FnPlZOnV-OMA3V_Yky/s1600/PWMJune08.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5481568083305007650" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg_4jibIofzuCzLWrJk6nizUAuV26IZFDccNb_BVhlVAZQcd23HRLWq3hVzd2CVhyphenhyphenZfnE-RrKVsnyA8KME90jr_genwg-8PAmjnSrXcFUo0x-Y4m7rQYIw-wKYIH1FnPlZOnV-OMA3V_Yky/s200/PWMJune08.jpg" style="cursor: hand; float: right; height: 200px; margin: 0px 0px 10px 10px; width: 150px;" /></a><br />
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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.<br />
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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).<br />
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If the evaluation identifies a problem and gives a recommendation, the court will usually require compliance as a condition to ongoing visitation.<br />
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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.<br />
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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.<br />
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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 <a href="http://mgrlaw.com/attorneys/Peter-Mogren.html">Renton Divorce Attorneys</a> for more information. </div>
Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com4Renton, WA, USA47.4828776 -122.217066147.3970306 -122.3749946 47.5687246 -122.0591376tag:blogger.com,1999:blog-4989932302594268716.post-69693386151490881582010-06-08T10:11:00.001-07:002012-10-03T08:45:52.798-07:00Child Support Deviation - Possession of Wealth<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhFW5dVdJtyJ1XUnYk7iT8F4jWVZ9Fob-all4HkWBz4vOVYctv_LhojCdD5uL3c4LisyJBS2XkKHuNezHwQqmmRGbz6iKPZUQlStpqb5iS7lowxy_AXmycn1f7hkWtFkbPuZDek5HSaR9pP/s1600/PWMJune08.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5480454953140850578" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhFW5dVdJtyJ1XUnYk7iT8F4jWVZ9Fob-all4HkWBz4vOVYctv_LhojCdD5uL3c4LisyJBS2XkKHuNezHwQqmmRGbz6iKPZUQlStpqb5iS7lowxy_AXmycn1f7hkWtFkbPuZDek5HSaR9pP/s200/PWMJune08.jpg" style="cursor: hand; float: left; height: 200px; margin: 0px 10px 10px 0px; width: 150px;" /></a><br />
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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.<br />
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One of the listed reasons for deviation is RCW 26.19.075 (1)(a)(vi), which states:</div>
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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; </blockquote>
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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.<br />
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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 <a href="http://mgrlaw.com/familylaw/deviation.html">Washington Child Support</a> for more information. </div>
Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0Bellevue, WA, USA47.610377 -122.200678647.524739 -122.3586071 47.696015 -122.0427501tag:blogger.com,1999:blog-4989932302594268716.post-47154217254166379362010-05-28T09:00:00.001-07:002012-10-03T08:48:22.446-07:00Valuation of Assets<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjua2oj45AcjJFp1VXBY22wIk8xvFdsSzmYhgHvfCEPVM_tPcHjnuAhhYH49J5nRTI6o3QpGl6P0BipTg2ea87Wob_sT7p5V60OmdKKm6Y4OI7KPaH71ic89bF9cQcSjOW8zJtRhyphenhyphenQDCNcw/s1600/PWMJune08.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5476354299346958370" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjua2oj45AcjJFp1VXBY22wIk8xvFdsSzmYhgHvfCEPVM_tPcHjnuAhhYH49J5nRTI6o3QpGl6P0BipTg2ea87Wob_sT7p5V60OmdKKm6Y4OI7KPaH71ic89bF9cQcSjOW8zJtRhyphenhyphenQDCNcw/s200/PWMJune08.jpg" style="cursor: hand; float: right; height: 200px; margin: 0px 0px 10px 10px; width: 150px;" /></a><br />
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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.</div>
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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.</div>
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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).</div>
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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.</div>
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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). </div>
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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.</div>
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The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases. Please visit our web page at <a href="http://www.mgrlaw.com/">Bellevue Divorce Lawyer</a> for more information.Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0Federal Way, WA, USA47.3223221 -122.312622247.2362126 -122.4705507 47.4084316 -122.15469370000001tag:blogger.com,1999:blog-4989932302594268716.post-89676959066689831922010-05-13T14:43:00.001-07:002012-10-03T08:47:35.498-07:00Importance of Service in a Divorce<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh88ekHbPJvNN0wfZBofeWuDFKQqbQytoSSJOLLQmdbdd01I7NiYIHZrhj7F2PcY4_FoQ1k46DtBGkmtUbXsF8NeW2WJeZdkckru96r8VL4KZMa1WAZGSMrYZQeGRDCujzXuDBbvoJdbbif/s1600/PWMJune08.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5470876130760459394" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh88ekHbPJvNN0wfZBofeWuDFKQqbQytoSSJOLLQmdbdd01I7NiYIHZrhj7F2PcY4_FoQ1k46DtBGkmtUbXsF8NeW2WJeZdkckru96r8VL4KZMa1WAZGSMrYZQeGRDCujzXuDBbvoJdbbif/s200/PWMJune08.jpg" style="cursor: hand; float: left; height: 200px; margin: 0px 10px 10px 0px; width: 150px;" /></a><br />
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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.</div>
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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.</div>
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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 <a href="http://mgrlaw.com/familylaw/Procedure-Divorce.htm">Washington Divorce Procedures</a> for more information.<br />
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Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0Kent, WA, USA47.3809335 -122.234843147.2949195 -122.3927716 47.466947499999996 -122.07691460000001tag:blogger.com,1999:blog-4989932302594268716.post-49787471058600751222010-05-05T14:13:00.001-07:002012-03-16T15:15:06.694-07:00How to Prepare for a Settlement Conference<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgXYthFp2eiETqQwnG71T3lfRX93zuy43tqEzgsAtdhVuIb5qWZ_p8UfZaBcc_FgbzNaM2UTIudckQmuunG0Ggme_S0f1-oalH-WPDK6iv0UikYHr3H6Il1sqigR1uOe8njj7xjAF0SN9S/s1600/PWMJune08.jpg"><img style="MARGIN: 0px 0px 10px 10px; WIDTH: 150px; FLOAT: right; HEIGHT: 200px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5467901292290855650" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgXYthFp2eiETqQwnG71T3lfRX93zuy43tqEzgsAtdhVuIb5qWZ_p8UfZaBcc_FgbzNaM2UTIudckQmuunG0Ggme_S0f1-oalH-WPDK6iv0UikYHr3H6Il1sqigR1uOe8njj7xjAF0SN9S/s200/PWMJune08.jpg" /></a><br /><br /><div><a href="http://mgrlaw.com/">http://mgrlaw.com</a></div><br /><div>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.</div><br /><br /><div></div><br /><div>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. </div><br /><div></div><br /><div>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.</div><br /><br /><div></div><br /><div>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.</div><br /><br /><div></div><br /><div>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.</div><br /><br /><div></div><br /><div>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.</div><br /><br /><div></div><br /><div></div>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 <a href="http://mgrlaw.com/familylaw/Procedure-Divorce.htm">Washington Divorce Settltement Conference</a> for more information.Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com1tag:blogger.com,1999:blog-4989932302594268716.post-37151390936026993992010-05-04T09:57:00.000-07:002012-10-03T08:46:48.405-07:00Office Remodel<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjEojbNZ5N2JWLTqiP92T1qNcuuSPuTysrhAscQRfZayTbL23v6Jc5Qxa40YY2GQjoCW11O-tGutD5ktWrypzpPXvdWQWIc0FpBuqUOu4kbd1xxXLYm_dpn9WDKRFR0D8Zfk_2nyqPrFYXE/s1600/Entry.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5467461836699176818" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjEojbNZ5N2JWLTqiP92T1qNcuuSPuTysrhAscQRfZayTbL23v6Jc5Qxa40YY2GQjoCW11O-tGutD5ktWrypzpPXvdWQWIc0FpBuqUOu4kbd1xxXLYm_dpn9WDKRFR0D8Zfk_2nyqPrFYXE/s200/Entry.jpg" style="cursor: hand; float: left; height: 150px; margin: 0px 10px 10px 0px; width: 200px;" /></a><br />
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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.</div>
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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 <a href="http://mgrlaw.com/legalarticle/Family-Law-Information.html">http://mgrlaw.com/legalarticle/Family-Law-Information.html</a> for more information.Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com1King, WA, USA47.5480339 -121.983602946.8621339 -123.2470304 48.2339339 -120.72017539999999tag:blogger.com,1999:blog-4989932302594268716.post-54119153466360417732010-05-03T11:04:00.001-07:002012-10-03T08:51:51.259-07:00Contempt - Jail<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgJu0O53OixBh9kKhY_REcBoYXnQ0A2l4qDyeZ_DqfVC5ZGK-DF5dw3tYvASTH8c6VVLZBpAL1oPpXdnTJxATmalIfD5QaceX0TMc8CAdzIETu-iDOKX5GreJ04wUj_R2mKeFuWXiDz7naa/s1600/PWMJune08.jpg"><img alt="" border="0" id="BLOGGER_PHOTO_ID_5467108965792118146" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgJu0O53OixBh9kKhY_REcBoYXnQ0A2l4qDyeZ_DqfVC5ZGK-DF5dw3tYvASTH8c6VVLZBpAL1oPpXdnTJxATmalIfD5QaceX0TMc8CAdzIETu-iDOKX5GreJ04wUj_R2mKeFuWXiDz7naa/s200/PWMJune08.jpg" style="cursor: hand; float: right; height: 200px; margin: 0px 0px 10px 10px; width: 150px;" /></a><br />
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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.<br />
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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.<br />
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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.<br />
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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.<br />
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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 <a href="http://mgrlaw.com/familylaw/dissolution.html">Washington Divorce Lawers</a> for more information.Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0Seattle, WA, USA47.6062095 -122.332070847.43492 -122.64792779999999 47.777499 -122.0162138tag:blogger.com,1999:blog-4989932302594268716.post-6475106421610256002010-04-02T15:12:00.001-07:002012-04-04T08:28:13.608-07:00What's so Good about Good Friday?<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEilknhaCjQFOuWidAGx4myKszHlNv6yF5077gRuM4HMJbMb2x4ztW_RPBkRnschZRAYgBzTcE3MR4LcxedsNbvX5vnZGM7_uKvgF2JNbT-Jro8Wpp9y9gbavD2kZRx0wf4ScuuEH1f1KBrm/s1600/PWMJune08.jpg"><img style="MARGIN: 0px 10px 10px 0px; WIDTH: 150px; FLOAT: left; HEIGHT: 200px; CURSOR: hand" id="BLOGGER_PHOTO_ID_5455669564291691026" border="0" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEilknhaCjQFOuWidAGx4myKszHlNv6yF5077gRuM4HMJbMb2x4ztW_RPBkRnschZRAYgBzTcE3MR4LcxedsNbvX5vnZGM7_uKvgF2JNbT-Jro8Wpp9y9gbavD2kZRx0wf4ScuuEH1f1KBrm/s200/PWMJune08.jpg" /></a> 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. <br /><div>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. </div><br /><div>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.</div><br /><div>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.</div><br /><div>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.</div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0tag:blogger.com,1999:blog-4989932302594268716.post-59201992900643184342010-03-29T09:07:00.000-07:002010-05-08T15:27:10.451-07:00Fastest Old Man in Ballard<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgx2wqv4ukNachgsqDNBJ56SFxpdbKzLDlX3Scq1UK5zPpMfOnqCbn__c3nS22JMAVf0m47yyj7gpHED4zdvt9u7UZetiJ0P6x0wuKAhCar1hvPNrIr8jgWiXeM5LzuFlAIrzdxY_kVjkgz/s1600/199.JPG"><img id="BLOGGER_PHOTO_ID_5469029149105887170" style="FLOAT: right; MARGIN: 0px 0px 10px 10px; WIDTH: 200px; CURSOR: hand; HEIGHT: 150px" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgx2wqv4ukNachgsqDNBJ56SFxpdbKzLDlX3Scq1UK5zPpMfOnqCbn__c3nS22JMAVf0m47yyj7gpHED4zdvt9u7UZetiJ0P6x0wuKAhCar1hvPNrIr8jgWiXeM5LzuFlAIrzdxY_kVjkgz/s200/199.JPG" border="0" /></a><br /><div><div>This last weekend I ran in the Ballard Sons of Norway Leif to Leif 5K fun run. The race ran from the Leif <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Erikson</span> statue in Ballard out to the Leif <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Erikson</span> statue at <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Shilshole</span> 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.</div></div>Peter W. Mogrenhttp://www.blogger.com/profile/00720686796104033958noreply@blogger.com0