Whenever a relationship is established, its participants form expectations of each other. The lawyer client relationship is no different. And as in any other relationship, lawyers and clients have rules and boundaries which govern those expectations. Some expectations are appropriate; others are not. Here is an overview of what you can and cannot expect of […]
Posts by Ed Shoemaker:
Study Of Parenting Act
Family Law: Study of Parenting Act in Washington In response to criticisms of the Washington State Parenting Act, in early 1998 the Washington State Supreme Court Gender and Justice Commission and the Domestic Relations Commission commissioned a study of the Act. The overarching goal of this study was to gather information about how parents seeking […]
Family Law Definitions
When you are considering a separation or dissolution, you hear a lot of confusing words you may not be familiar with. Below are some shorthand family law definitions for your use, not meant to be the final word on the law. Affidavit: Written testimony under oath – usually sworn to in front of a notary. […]
Retirement Plans in Washington Divorce – QDRO
Pension and retirement benefits are generally considered property subject to distribution by the Court in a dissolution action, whether or not the benefits are vested. The law considers these benefits to represent deferred compensation. This means they were accrued during the marriage and belong to the marital community, rather than to the spouse whose employment […]
Community Property
What is Community Property? Washington is a Community property state. Upon dissolution, the Court must distribute all the property owned by the parties between them (both community and separate). The Court first determines whether the property is characterized as community property or separate property. Separate property is that which one spouse owned before the marriage […]
Debts in Divorce
Family Law: Debts in Divorce in Washington As part of an action for the dissolution of a marriage, in addition to the division of property, the Court must determine the division of the parties debts and liabilities. The standard the Court uses is not necessarily and equal division of the debts, but a fair and […]
Washington Property Division
Along with hammering out a parenting plan and sorting out child support issues, property division issues are on of the most contentious issues in any divorce. As part of an action for the dissolution of a marriage, the Washington Court must determine the division of property. The standard the Court uses is not necessarily an […]
Post Secondary Support
Many people are unaware of the concept of continuing child support beyond a child’s eighteenth birthday, graduation from high school, or otherwise requiring the parents to contribute to the child’s college education. While a court cannot order a married couple to pay for their children’s college education, in Washington they can order a divorced couple […]
Child Support Deviation
The amount of child support is determined according to the Washington State Child Support Schedule. The Court then Orders each parent to pay the amount of child support using the standard calculation. This is true even if the parents informally agree between themselves to a lower transfer payment. However, special circumstances in a given situation […]
Spousal Maintenance
Spousal Maintenance, also known as alimony or spousal support, is designed to provide a means for each party in a divorce to maintain a similar economic lifestyle to that achieved within the marriage. In determining the amount of maintenance to be awarded, the Washington Court may examine the need of the party requesting alimony as […]