Divorce and Your Credit Score
Increasingly, I am seeing people who are thinking of a divorce, in the middle of a divorce, and have completed their divorce worried about their credit score. Will the divorce lower my score? Will I be hurt by my spouse’s failure to pay debt? What can I do to protect myself?
It is a good idea to think about these issues. Your credit score has a big impact on your financial life – getting a loan, interest rates, getting the best deal, etc. You can take steps to protect yourself, but you need the facts first. Do a credit check and see who your creditors are. It sounds funny, but you may be listed on debt incurred by your spouse and you don’t even know it.
Just because you are divorced (or may get a divorce) doesn’t keep your spouse’s behavior from hurting you. It is common in any division of debt for each party to take some of the bills (I get the Visa and you get the Master Card). If both of you are on the account, regardless of what the Divorce Decree says, if your former spouse fails to pay the debt, the creditor will come after you for payment and his or her poor payment history will reflect on your credit score.
There are ways to be protected throughout the process, but it takes a lot of investigation and aggressive follow up. Sometimes it is possible to have your name removed from a debt as part of the divorce process, but more often your spouse cannot qualify to go it alone. A well drafted Decree of Dissolution can go a long ways toward giving you the protection you need. If done right, most of the time you can avoid problems with your credit score.
I often see problem that impact credit scores arise at the beginning of a divorce. Payments are missed because the parties can’t agree on who pays which debt. Irregularly occurring debt is missed – like quarterly insurance payments. Bills aren’t paid because the direct withdrawal for the payment comes out of a now closed account. It makes sense for you and your spouse to try to sit down and get this worked out as best you can at the very beginning. It will help both of you keep your good credit, and save problems from popping up after the divorce is final.
Friday, December 17, 2010
Sunday, December 5, 2010
Happy Holidays!
Happy Holidays!
It’s a wonderful time of the year, and, for some of us, a very difficult time of the year. The stress of life always seems to intensify during the holidays. This can lead to run ins with the law. It’s best to know how to handle these situations before they occur.
If you are pulled over, be pleasant – the officer is only doing his or her job. Making the officer mad is not going to help your case. Just remember this: Ask to speak to an attorney right away. Make no comments, statements, or confessions until you have had a chance to talk to an attorney. You can provide the officer with your license, registration, and proof of insurance, but keep in mind that everything you say will be used against you. This is no line from a bad cop show, everything you say will be used against you.
Usually the officer will ask you to perform sobriety tests at the scene of the stop. Walk and turn, leg lift, etc. I do not recommend your taking these voluntary tests. In my experience, nearly everyone fails these tests – so why give the prosecutor more ammunition to use against you? After you have had the chance to talk to an attorney, you can then make decisions about other aspects of the arrest, but don’t get sucked into a conversation with the officer prior to talking to an attorney. It may seem like a casual conversation, but it is not. You have a right to remain silent, use it.
Enjoy your holidays. Drive safely, and protect your rights.
It’s a wonderful time of the year, and, for some of us, a very difficult time of the year. The stress of life always seems to intensify during the holidays. This can lead to run ins with the law. It’s best to know how to handle these situations before they occur.
If you are pulled over, be pleasant – the officer is only doing his or her job. Making the officer mad is not going to help your case. Just remember this: Ask to speak to an attorney right away. Make no comments, statements, or confessions until you have had a chance to talk to an attorney. You can provide the officer with your license, registration, and proof of insurance, but keep in mind that everything you say will be used against you. This is no line from a bad cop show, everything you say will be used against you.
Usually the officer will ask you to perform sobriety tests at the scene of the stop. Walk and turn, leg lift, etc. I do not recommend your taking these voluntary tests. In my experience, nearly everyone fails these tests – so why give the prosecutor more ammunition to use against you? After you have had the chance to talk to an attorney, you can then make decisions about other aspects of the arrest, but don’t get sucked into a conversation with the officer prior to talking to an attorney. It may seem like a casual conversation, but it is not. You have a right to remain silent, use it.
Enjoy your holidays. Drive safely, and protect your rights.
Wednesday, November 24, 2010
Your Parenting Plan and the Holidays
Your Parenting Plan and the Holidays
The holiday season is a great time for most of us. Time with the children, family events, outdoor fun. For some, this time of the year is complicated by conflicts over when the children will be with which parent. The holiday season can be stressful, and, if there is no agreement on visitation, can be nearly beyond your ability to cope.
The best advance planning involves taking a good hard look at your Parenting Plan. Plot out the regular visitation, holiday visitation, and winter vacation visitation on your calendar. If you are able to talk to the other parent, try to get an agreement that your work accurately reflects his or her understanding of the Parenting Plan. If you both agree, visits and exchanges during this season can be much less stressful.
If you and the other parent do not agree, there is still time to get the conflict resolved by attorney and/or court intervention. It generally takes two weeks to get in front of a court on this kind of conflict, but, in emergency situations, the time line can be accelerated. What rarely works is to wait to the last minute and then discover that your plans are not in accord with the other parent’s interpretation of the court order.
Putting your thoughts in writing, and documenting your delivery of these notes to the other parent can go a long ways toward creating a paper trail that can be most useful if the issue needs to go to court. If you expect a conflict, or have had prior problems enforcing the Parenting Plan, you need to take early action to ensure you have a happy and appropriate holiday visitation schedule.
The holiday season is a great time for most of us. Time with the children, family events, outdoor fun. For some, this time of the year is complicated by conflicts over when the children will be with which parent. The holiday season can be stressful, and, if there is no agreement on visitation, can be nearly beyond your ability to cope.
The best advance planning involves taking a good hard look at your Parenting Plan. Plot out the regular visitation, holiday visitation, and winter vacation visitation on your calendar. If you are able to talk to the other parent, try to get an agreement that your work accurately reflects his or her understanding of the Parenting Plan. If you both agree, visits and exchanges during this season can be much less stressful.
If you and the other parent do not agree, there is still time to get the conflict resolved by attorney and/or court intervention. It generally takes two weeks to get in front of a court on this kind of conflict, but, in emergency situations, the time line can be accelerated. What rarely works is to wait to the last minute and then discover that your plans are not in accord with the other parent’s interpretation of the court order.
Putting your thoughts in writing, and documenting your delivery of these notes to the other parent can go a long ways toward creating a paper trail that can be most useful if the issue needs to go to court. If you expect a conflict, or have had prior problems enforcing the Parenting Plan, you need to take early action to ensure you have a happy and appropriate holiday visitation schedule.
Monday, October 25, 2010
Parents with no relationship with the other parent
Parents with no relationship with the other parent:
Frequently I work with a parent who has no real relationship with the other parent. The extent of their relationship with the other parent might be very brief prior to the birth of the child. Parenting is hard enough when you know the other parent well, and have a long relationship history. What do you do when you hardly know the other parent?
Frequently, I see parents that may have hard feelings toward the other parent in these circumstances. “You weren’t there to give me emotional support during the pregnancy.” “You have shut me out of my child’s life.” “I have no interest in you playing a part in my child’s life.”
There are several things that can help. Get some professional counseling to help you address your feelings about the child, lack of relationship, and how to manage your future relationship with the child. If you can talk to the other parent, co-parenting counseling is widely available. It helps both of you understand how to work together to raise a child (even when there is no personal relationship between the two parents). If the parents can recognize that it is the child’s best interests that come first, and that the involvement of both parents is a positive for the child, learning to co-parent can be a rewarding experience.
Too often, the father of the child will have little or no contact with the mother or child in the early days. (I often see cases where the father didn’t even know he was having a child until after the birth!) Washington law allows either parent to seek an appropriate Parenting Plan and Order of Child Support. If either parent is proactive, the parents can both have a meaningful relationship with their child from the beginning.
Putting off getting a Parenting Plan can adversely impact your future time with the child. Our courts are frequently concerned when one parent has little contact with the child (for any reason) and then wants to be involved in a significant way. The thinking is that a bond needs to be established with the parent and child early on, and, if it is lacking, it can take years to work up to normalized contact.
As soon as you are aware of the pregnancy – get involved. Take age appropriate parenting classes, attend medical appointments, and be there at the birth. Showing your attention to the mother and child can go a long ways toward keeping you involved in the child’s life. If you are the mother, involving the father can go a long ways toward avoiding conflict later.
Frequently I work with a parent who has no real relationship with the other parent. The extent of their relationship with the other parent might be very brief prior to the birth of the child. Parenting is hard enough when you know the other parent well, and have a long relationship history. What do you do when you hardly know the other parent?
Frequently, I see parents that may have hard feelings toward the other parent in these circumstances. “You weren’t there to give me emotional support during the pregnancy.” “You have shut me out of my child’s life.” “I have no interest in you playing a part in my child’s life.”
There are several things that can help. Get some professional counseling to help you address your feelings about the child, lack of relationship, and how to manage your future relationship with the child. If you can talk to the other parent, co-parenting counseling is widely available. It helps both of you understand how to work together to raise a child (even when there is no personal relationship between the two parents). If the parents can recognize that it is the child’s best interests that come first, and that the involvement of both parents is a positive for the child, learning to co-parent can be a rewarding experience.
Too often, the father of the child will have little or no contact with the mother or child in the early days. (I often see cases where the father didn’t even know he was having a child until after the birth!) Washington law allows either parent to seek an appropriate Parenting Plan and Order of Child Support. If either parent is proactive, the parents can both have a meaningful relationship with their child from the beginning.
Putting off getting a Parenting Plan can adversely impact your future time with the child. Our courts are frequently concerned when one parent has little contact with the child (for any reason) and then wants to be involved in a significant way. The thinking is that a bond needs to be established with the parent and child early on, and, if it is lacking, it can take years to work up to normalized contact.
As soon as you are aware of the pregnancy – get involved. Take age appropriate parenting classes, attend medical appointments, and be there at the birth. Showing your attention to the mother and child can go a long ways toward keeping you involved in the child’s life. If you are the mother, involving the father can go a long ways toward avoiding conflict later.
Friday, October 15, 2010
Domestic Violence is Everyone’s Problem
Domestic Violence is Everyone’s Problem
October is Domestic Violence Awareness Month. The epidemic of domestic violence has become much more public in recent years, but the problem persists. Most advocates for victim’s rights believe that education, awareness, and prompt action can go a long way toward meeting this issue head on.
Domestic violence tends to perpetuate it self from one generation to the next. Child who witness domestic violence are much more likely to be abusers or be abused when they are older. Stopping this vicious cycle is all our responsibility!
Women, men, and children are victims everyday and in every community. What can you do? If you or someone you know is being abused, call the Washington State Domestic Violence Hotline 1-800-562-6025 or the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or at TTY 1-800-787-3224. Reporting the problem can go a long way toward getting these victims the help they need.
There are a number of private legal actions available to DV victims. You can report the problem to the police, they will be very proactive in addressing the problem. For children, CPS can investigate allegations and help get the appropriate protection. Adult Protective Services can investigate allegations for older folks. You can ask the court to enter a civil protection order – if violated, it is a criminal offense. A family law attorney can help you get out of a violent situation, and help get legal protection from future violent behavior.
In addition, although not my area of specialty, counseling can really help deal with the abuse in a healthy way. There are any number of qualified counselors who work with DV abuse victims in every area of our state. There are also programs available through church and non-profit organizations that can help at little or no charge.
The real solution is awareness and action. Taking that first step to get help is often the hardest, but is also the most important.
October is Domestic Violence Awareness Month. The epidemic of domestic violence has become much more public in recent years, but the problem persists. Most advocates for victim’s rights believe that education, awareness, and prompt action can go a long way toward meeting this issue head on.
Domestic violence tends to perpetuate it self from one generation to the next. Child who witness domestic violence are much more likely to be abusers or be abused when they are older. Stopping this vicious cycle is all our responsibility!
Women, men, and children are victims everyday and in every community. What can you do? If you or someone you know is being abused, call the Washington State Domestic Violence Hotline 1-800-562-6025 or the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or at TTY 1-800-787-3224. Reporting the problem can go a long way toward getting these victims the help they need.
There are a number of private legal actions available to DV victims. You can report the problem to the police, they will be very proactive in addressing the problem. For children, CPS can investigate allegations and help get the appropriate protection. Adult Protective Services can investigate allegations for older folks. You can ask the court to enter a civil protection order – if violated, it is a criminal offense. A family law attorney can help you get out of a violent situation, and help get legal protection from future violent behavior.
In addition, although not my area of specialty, counseling can really help deal with the abuse in a healthy way. There are any number of qualified counselors who work with DV abuse victims in every area of our state. There are also programs available through church and non-profit organizations that can help at little or no charge.
The real solution is awareness and action. Taking that first step to get help is often the hardest, but is also the most important.
Tuesday, September 21, 2010
Wait!!!! I have a lawyer....let me call him!
You’ve been accused of a crime!
It happens. You are accused of a criminal law violation – what do you do? Unless this a common occurrence, you may be inclined to try to deal with the problem on your own (at least at first). This is never a good idea, and you may be painting yourself into a corner before you are even aware of the consequences.
Our Constitution grants us all certain rights, one is the right to remain silent. This is not a joke or out of date right, you do not have to discuss an alleged crime with anyone. It is often the case that the officer will try to make you think you are doing something wrong if you choose to exercise this right. It is also often the case that the officer will act like a friend and casually have a “conversation” with you. Just because the circumstances of the interview or arrest seem innocent, does not mean that everything you say will not be used against you later.
I often hear from people accused of a DUI say that the arresting officer read them their rights, then later started asking questions and requesting that the accused take “voluntary” sobriety tests. You should cooperate with your name, license, proof of insurance, but if you admit to drinking, taking non-prescribed medication, etc. I can assure you that this information will be used against you. I am not suggesting you lie, only that you make use of your legal rights.
You also have the right to speak with an attorney if you are arrested. Many people do not ask to speak with an attorney because it is late at night, they don’t know an attorney, or they just don’t think about it. The fact is, once you are informed of your constitutional rights, that is all the officer needs to tell you about your right to an attorney. Before you agree to any tests or make any statements, ask to speak with an attorney. Every police department I know of has access to an attorney 24/7. You have the right to a private conversation with this person, and the advice you receive can be critical to your defense.
You are doing nothing wrong when you insist on your rights being observed. Our founding fathers believed that these rights were important enough to memorialize in our Bill of Rights – use them!
Tuesday, September 7, 2010
Are You Stuck With a Parenting Plan that is Old and Out of Date?
Are You Stuck With a Parenting Plan that is Old and Out of Date?
Often Parenting Plans are adopted when children are very young. Circumstances do change – parents move, parents get new jobs with different hours, kids get older and their schedules change, etc. Is there anything that can be done to adapt your Parenting Plan to these changes? The short answer is yes, and often the solution is reasonably simple.
Modification of Parenting Plans can range from a complete change in the residence of the child, to adjustments in the existing schedule. For example, making changes to the dispute resolution process, decision making process, transportation arrangements, etc. can all be done with a relatively simple legal action (assuming agreement cannot be reached with the other parent). Changes to the Parenting Plan that do not involve changing where the child resides the majority of the time or more than 24 full days, but less than 90 overnights per year, can be accomplished in our courts without becoming involved in a major legal battle. If you are looking at a significant change in the residence of the child, the law does provide for a modification procedure. This legal process requires certain pre-conditions, but is accessible to many parents in this state.
If you are interested in getting more information about a modification of your Parenting Plan, there are many family law attorneys that can provide free or low cost advice. Just gathering the correct information can go along ways toward helping you “get your ducks in a row”.
Often Parenting Plans are adopted when children are very young. Circumstances do change – parents move, parents get new jobs with different hours, kids get older and their schedules change, etc. Is there anything that can be done to adapt your Parenting Plan to these changes? The short answer is yes, and often the solution is reasonably simple.
Modification of Parenting Plans can range from a complete change in the residence of the child, to adjustments in the existing schedule. For example, making changes to the dispute resolution process, decision making process, transportation arrangements, etc. can all be done with a relatively simple legal action (assuming agreement cannot be reached with the other parent). Changes to the Parenting Plan that do not involve changing where the child resides the majority of the time or more than 24 full days, but less than 90 overnights per year, can be accomplished in our courts without becoming involved in a major legal battle. If you are looking at a significant change in the residence of the child, the law does provide for a modification procedure. This legal process requires certain pre-conditions, but is accessible to many parents in this state.
If you are interested in getting more information about a modification of your Parenting Plan, there are many family law attorneys that can provide free or low cost advice. Just gathering the correct information can go along ways toward helping you “get your ducks in a row”.
Sunday, August 29, 2010
Domestic Violence Can Impact Anyone
Domestic Violence Can Impact Anyone
I have represented people on both sides of domestic violence allegations over the years. In many of these cases I have seen families ripped apart over these allegations. I have also seen what I truly believed were fabricated allegations, often made to gain an advantage in a custody dispute or divorce. There is no simple solution, and we all need to be able to work with the system we now have in place. The right professional advice can make all the difference in the world.
If you or your children are victims of domestic violence, there are many resources out there to help. Obtaining both physical protection and appropriate counseling can be the first real steps to regaining a healthy life for you and your children. Frequently, it is necessary to get protection through the courts as part of this process. An experienced family law attorney can help obtain enforceable court orders to protect you and your family.
If you are being wrongly accused of domestic violence, it is very important to get quality legal advice as soon as possible. Frequently, I see people accused of domestic violence try to “work out” their problems with their spouse or significant other. It is very common for these efforts to result in one or more additional criminal charges. Making the problem worse is not going to help you or anyone else. Getting quality advice can go along way toward keeping your legal issues to a minimum.
Regardless of what side of the issue you may be dealing with, professional assistance will help you resolve your problems. The right legal advice and professional counseling can make a world of difference to you and your family.
I have represented people on both sides of domestic violence allegations over the years. In many of these cases I have seen families ripped apart over these allegations. I have also seen what I truly believed were fabricated allegations, often made to gain an advantage in a custody dispute or divorce. There is no simple solution, and we all need to be able to work with the system we now have in place. The right professional advice can make all the difference in the world.
If you or your children are victims of domestic violence, there are many resources out there to help. Obtaining both physical protection and appropriate counseling can be the first real steps to regaining a healthy life for you and your children. Frequently, it is necessary to get protection through the courts as part of this process. An experienced family law attorney can help obtain enforceable court orders to protect you and your family.
If you are being wrongly accused of domestic violence, it is very important to get quality legal advice as soon as possible. Frequently, I see people accused of domestic violence try to “work out” their problems with their spouse or significant other. It is very common for these efforts to result in one or more additional criminal charges. Making the problem worse is not going to help you or anyone else. Getting quality advice can go along way toward keeping your legal issues to a minimum.
Regardless of what side of the issue you may be dealing with, professional assistance will help you resolve your problems. The right legal advice and professional counseling can make a world of difference to you and your family.
Sunday, August 15, 2010
It's your legal rights
I have heard criticisms over the years that usually go something like this: Why tell people who have been arrested for drunk driving how to “beat” the system? Aren’t you ashamed to help these people get off? Drunk drivers hurt and kill people all the time, they need to be punished.
Well, to some degree I agree. I’m as concerned about the harm people do to others due to their criminal behavior as anyone else. On the other hand, isn’t it true that a person accused of a crime is innocent until proven guilty? If we take away the rights of people accused of drunk driving, where does it stop? Should people who speed lose their rights because speeders get into more accidents and hurt more people than those who do not speed? Once we start taking away people’s rights, there is no end to the loss of liberty.
We all have certain rights – the right to be silent, the right to speak with an attorney, the right to a jury of our peers, etc. These rights form the foundation of our criminal justice system. We must preserve these rights, and honor everyone’s right to exercise them. Using our protected rights is not “beating the system”, it is making the system live up to its promise to each of us – you are innocent until proven guilty in a court of law.
Thanks for letting me rant a little. I know how frustrating it seems when people get off with a slap on the hand. The truth is, the system almost always works. It is
Sunday, August 8, 2010
New DUI Enforcement Campaign
A recent news release from my local paper states that the King County Sheriff and many other local law enforcement agencies are dramatically stepping up their efforts to locate impaired drivers between August 12th and September 6th. What this means for those who may be stopped for driving under the influence is likely months and, often, years of expense, embarrassment, and dealing with the effects of a criminal conviction.
Even a modest amount of alcohol in your system can result in criminal charges. While the legal limit is .08, you can be charged with a criminal offense if the arresting officer believes that your driving is “impaired”. The “proof” of this impaired driving is often based on the observations of the officer and the results of your field sobriety test.
Now you are under no legal obligation to take a field sobriety test, but may people believe that they must do so. There may be exceptions, but I have never seen a “passing” result from these tests. You may be told that you are doing well, but when the police report comes back – guess what? You failed!
The best thing to do is be pleasant and cooperative, but refuse to give any information about your alcohol consumption or agree to take a field sobriety test until you have spoken with an attorney. If you are arrested, you must insist on talking to an attorney – it is your constitutional right. After a private conversation with the attorney provided, you will be able to make much better informed decisions.
You have many important legal rights – use them!
A recent news release from my local paper states that the King County Sheriff and many other local law enforcement agencies are dramatically stepping up their efforts to locate impaired drivers between August 12th and September 6th. What this means for those who may be stopped for driving under the influence is likely months and, often, years of expense, embarrassment, and dealing with the effects of a criminal conviction.
Even a modest amount of alcohol in your system can result in criminal charges. While the legal limit is .08, you can be charged with a criminal offense if the arresting officer believes that your driving is “impaired”. The “proof” of this impaired driving is often based on the observations of the officer and the results of your field sobriety test.
Now you are under no legal obligation to take a field sobriety test, but may people believe that they must do so. There may be exceptions, but I have never seen a “passing” result from these tests. You may be told that you are doing well, but when the police report comes back – guess what? You failed!
The best thing to do is be pleasant and cooperative, but refuse to give any information about your alcohol consumption or agree to take a field sobriety test until you have spoken with an attorney. If you are arrested, you must insist on talking to an attorney – it is your constitutional right. After a private conversation with the attorney provided, you will be able to make much better informed decisions.
You have many important legal rights – use them!
Tuesday, July 27, 2010
Estate Planning – why it’s the right time
Many people put off their estate planning. It’s understandable, who wants to think about catastrophic illness or death? Despite the unpleasantness, there are good reasons to get your house in order:
1. Think about your family: By getting your estate planning put in good order, the pressure is off your friends and family to make really big decisions. You can direct how you want things done so they don’t.
2. You pick the “decider”: You can pick who you want to make health care, financial, etc. decisions for you in the event you are unable to do so yourself. If you don’t decide, it is likely a court will appoint who ever gets there first to request the authority. Isn’t it better to pick the person yourself?
3. Who gets your stuff: If you don’t take the steps to get your estate in order, the State of Washington will determine who gets your property. Is that really how you want this important decision made?
4. You will feel really grown-up: Get your estate in order, and you will feel really good about yourself. Knowing that everything will be done the way you want it done is a very good feeling.
Many people put off their estate planning. It’s understandable, who wants to think about catastrophic illness or death? Despite the unpleasantness, there are good reasons to get your house in order:
1. Think about your family: By getting your estate planning put in good order, the pressure is off your friends and family to make really big decisions. You can direct how you want things done so they don’t.
2. You pick the “decider”: You can pick who you want to make health care, financial, etc. decisions for you in the event you are unable to do so yourself. If you don’t decide, it is likely a court will appoint who ever gets there first to request the authority. Isn’t it better to pick the person yourself?
3. Who gets your stuff: If you don’t take the steps to get your estate in order, the State of Washington will determine who gets your property. Is that really how you want this important decision made?
4. You will feel really grown-up: Get your estate in order, and you will feel really good about yourself. Knowing that everything will be done the way you want it done is a very good feeling.
Wednesday, July 14, 2010
Parenting Plans can sometimes be frustrating....
How can I have my children with me more of the time?
This is a common question, but the answer is often pretty complicated. When the original Parenting Plan is entered with the court, many parents believe that they can have it changed when ever they want. In fact, it can be very difficult to make major changes in a Parenting Plan. Unless appropriate action is taken, you may be stuck with an out dated and inappropriate Parenting Plan.
Shifting where your children live the majority of the time is a complex process. Even making relatively minor changes in the visitation schedule can be difficult to accomplish. Without experienced legal assistance, getting the changes you want in your Parenting Plan can be both frustrating and unlikely to be successful.
Planning for the changes you desire are best done prior to the school year. Once a child is back in school, it is even harder to get a court to consider a significant modification of the Parenting Plan. There are actions you can take to enhance your prospects of success in any modification action. Now is an excellent time to meet with a family law attorney and discuss your plans.
This is a common question, but the answer is often pretty complicated. When the original Parenting Plan is entered with the court, many parents believe that they can have it changed when ever they want. In fact, it can be very difficult to make major changes in a Parenting Plan. Unless appropriate action is taken, you may be stuck with an out dated and inappropriate Parenting Plan.
Shifting where your children live the majority of the time is a complex process. Even making relatively minor changes in the visitation schedule can be difficult to accomplish. Without experienced legal assistance, getting the changes you want in your Parenting Plan can be both frustrating and unlikely to be successful.
Planning for the changes you desire are best done prior to the school year. Once a child is back in school, it is even harder to get a court to consider a significant modification of the Parenting Plan. There are actions you can take to enhance your prospects of success in any modification action. Now is an excellent time to meet with a family law attorney and discuss your plans.
Wednesday, July 7, 2010
Summer Time Blues?
Local law enforcement has been cracking down on drinking and operating a motor vehicle or boat. Pierce County just announced over 50 DUI arrests this past holiday weekend.
If you have been stopped for drinking and operation of a motor vehicle, now is the time to take action. With many courts in our area, you might not be immediately charged with the criminal offense. In King County it is not unusual to wait 3, 4, or 5 months before you are formally charged with the DUI.
Even if you have not yet been charged, you are at immediate risk of losing your license. You have a very limited period to challenge the DOL ( Dept. of License) suspension of your license after you are pulled over. Waiting for the criminal charge can mean at least a 90 suspension of your license.
In addition, much can be done to prepare for the criminal charge. A significant delay from the date you are stopped to the date you are charged with the crime can impact your ability to defend against the eventual charge. At a minimum, get a free consultation to learn what your rights are, and what actions need to be taken now. Call our law office at 253-239-3178 to discuss your situation.
Thursday, July 1, 2010
Parenting and Visitation
Parenting and Visitation:
For many parents, their time with their children is often uncertain and difficult to enforce. Although the Parenting Plan in each case should spell out the details of visitation rights for the whole year, often it is so outdated that neither parent has followed the Parenting Plan for years.
If parents fail to follow the Parenting Plan for long enough, it can become unenforceable. This leaves the parents with no easy way to define and enforce their visitation rights. I have often seen people that feel as though they have no control over holidays, special occasions, vacations, etc. It can become impossible to plan anything, because you never know if the other parent will withdraw their consent at the last minute.
It is usually easy enough to get a court to bring your Parenting Plan up to date. Even if the parents are unable to agree on a visitation schedule, a court can order a Parenting Plan that assures you of your time with your children.
It is hurtful to the child and the parent when contact is uncertain, and it is difficult or impossible to plan any events. The prospect of going back to court can seem distasteful, but the damage being done to your relationship with your child can last a lifetime. This problem can be fixed, and the end result can be a significant improvement for both you and your children.
For many parents, their time with their children is often uncertain and difficult to enforce. Although the Parenting Plan in each case should spell out the details of visitation rights for the whole year, often it is so outdated that neither parent has followed the Parenting Plan for years.
If parents fail to follow the Parenting Plan for long enough, it can become unenforceable. This leaves the parents with no easy way to define and enforce their visitation rights. I have often seen people that feel as though they have no control over holidays, special occasions, vacations, etc. It can become impossible to plan anything, because you never know if the other parent will withdraw their consent at the last minute.
It is usually easy enough to get a court to bring your Parenting Plan up to date. Even if the parents are unable to agree on a visitation schedule, a court can order a Parenting Plan that assures you of your time with your children.
It is hurtful to the child and the parent when contact is uncertain, and it is difficult or impossible to plan any events. The prospect of going back to court can seem distasteful, but the damage being done to your relationship with your child can last a lifetime. This problem can be fixed, and the end result can be a significant improvement for both you and your children.
Monday, June 21, 2010
Actions That Make A Difference
In the past , the no phone/no text law while driving was a secondary offense and said that a driver that is violating the text messaging or cell phone law may not be pulled over and ticketed unless they are committing a primary driving offense such as speeding or running a stop sign.
Now that the Governor has signed Senate Bill 6345 into law both text messaging and cell phone use without a hands free device while driving becomes a primary offense. This gives an officer of the law the ability to ticket a driver based solely on the observation of text messaging or illegal cell phone use.
In addition, Instruction Permit and Intermediate License holders will be prohibited from any cell phone use while driving with the usual exceptions for emergency situations. The fine for the offense is $124.
Since 2008, nearly 6,000 people died in crashes that involved distracted driving. Distracted driving applies to anything that takes your eyes off the road, your hands off the steering wheel, or interrupts your concentration while driving. It's no surprise that America's adults are busy communicators. We're tethered to our jobs even when we're not at work. We're making sure our kids and grandkids are where they're supposed to be. We're trying to manage our households, keep up with our friends, and arrange our schedules. Texting and talking on a cell phone make all of this possible.
Adults may be the ones sounding the alarm on the dangers of distracted driving, but they don't always set the best example themselves. Pew's Internet & American Life Project survey indicates that 58% of adults send or read text messages, and close to half (47%) of those people say they do so while they drive. That means that 28% of US adults admit to texting behind the wheel. Yet, 26% of US drivers aged 16 or 17 report texting while driving. Sure, that's only an overall difference of 2%, but as adults we are supposed to know better.
Young drivers are especially at risk. Young drivers are at risk of distracted driving—especially men and women under 20 years of age. Their lack of driving experience can contribute to critical misjudgments if they become distracted. Not surprisingly, they text more than any other age group and the numbers of young drivers who text are only increasing.
Everyone has a role. We all have a stake in solving this problem and we can all be a part of the solution. We must put our phones down; be a good example to our children, peers, and our community.
Tuesday, June 15, 2010
is there any such thing as a "minor" criminal charge?
Any attorney who spends time in courts that handle “minor” criminal charges will tell you that the vast majority of defendants are there without legal representation. Often the attitude of these people is that this is really no big deal, and that they plan on handling the charge on their own.
Regardless of the criminal charge, it is important to have legal counsel. A criminal conviction, whether DUI, assault, theft, reckless driving, etc., can remain on your record for the rest of your life. This kind of conviction can prevent you from getting into the school you want, getting the job you need, and can cost you a significant increase in insurance premiums. It is a big deal, and ignoring the issue or treating it as a minor inconvenience can be a mistake that can last many years.
A well qualified attorney can often obtain a result that keeps the charge off your record. The best way to ensure a positive result is to have someone represent you that knows the court and has experience with your criminal charge. At a minimum, you can usually get a free consultation with an experienced attorney in your area. The more you know, the better the chance of getting a positive outcome.
Regardless of the criminal charge, it is important to have legal counsel. A criminal conviction, whether DUI, assault, theft, reckless driving, etc., can remain on your record for the rest of your life. This kind of conviction can prevent you from getting into the school you want, getting the job you need, and can cost you a significant increase in insurance premiums. It is a big deal, and ignoring the issue or treating it as a minor inconvenience can be a mistake that can last many years.
A well qualified attorney can often obtain a result that keeps the charge off your record. The best way to ensure a positive result is to have someone represent you that knows the court and has experience with your criminal charge. At a minimum, you can usually get a free consultation with an experienced attorney in your area. The more you know, the better the chance of getting a positive outcome.
Sunday, June 6, 2010
Relocating with a minor child
Planning a move with a minor child?
New job, new home, new life? If you are thinking about moving out of your home, and you have a minor child, you may need to think about getting the court’s permission to move. For over 10 years, Washington has required that almost any move of a child, when the parents are not together, may require compliance with a modestly complex new law.
If you are looking to move outside of your child’s current school district, in most cases, you will need to give at least 60 days notice to any person who is legally entitled to visitation with the child. Even if you plan to move within the same school district, the relocating person must provide actual notice to any person who has court ordered visitation with the child. There are exceptions, but it is important to note that if you do not comply with this law, the court can require the child be returned – which could result in a change in custody. (You can take a look at this law in RCW 26.09.430-.480).
If the other parent does not agree to the relocation, the process can take a long time to resolve. The law does provide for a temporary approval for a relocation, but this approval is not always granted. It would make sense to speak with an attorney who regularly does this kind of work as far in advance as possible. This way you can plan your steps, and not be forced to loose important opportunities the relocation might bring!
New job, new home, new life? If you are thinking about moving out of your home, and you have a minor child, you may need to think about getting the court’s permission to move. For over 10 years, Washington has required that almost any move of a child, when the parents are not together, may require compliance with a modestly complex new law.
If you are looking to move outside of your child’s current school district, in most cases, you will need to give at least 60 days notice to any person who is legally entitled to visitation with the child. Even if you plan to move within the same school district, the relocating person must provide actual notice to any person who has court ordered visitation with the child. There are exceptions, but it is important to note that if you do not comply with this law, the court can require the child be returned – which could result in a change in custody. (You can take a look at this law in RCW 26.09.430-.480).
If the other parent does not agree to the relocation, the process can take a long time to resolve. The law does provide for a temporary approval for a relocation, but this approval is not always granted. It would make sense to speak with an attorney who regularly does this kind of work as far in advance as possible. This way you can plan your steps, and not be forced to loose important opportunities the relocation might bring!
Saturday, May 22, 2010
Graduation & Post Secondary Education.....What do these have in common?
I was just yesterday reminded of how many people are just about to miss a possibly life altering deadline. A lady called and asked about getting help with her child’s college costs. Her son was graduating in two weeks from high school, and he was already accepted at Central. The financial aid was not enough to cover tuition, fees, books, and room and board. She need the boy’s father to “kick in”, but he was unwilling to commit. What could she do?
Well, under most child support orders, these people had just two weeks to start the legal process necessary to get the help with post-secondary costs. In most cases, the graduation date is the “drop dead” date to ask a court to make a ruling on this subject. Sure, there are exceptions, but I don’t see them very often.
The hard fact is, if you want to be sure that both parents will contribute for college, trade school, etc. You need to take action today! If you wait too long, you may loose the right to get the help you and your child need.
Well, under most child support orders, these people had just two weeks to start the legal process necessary to get the help with post-secondary costs. In most cases, the graduation date is the “drop dead” date to ask a court to make a ruling on this subject. Sure, there are exceptions, but I don’t see them very often.
The hard fact is, if you want to be sure that both parents will contribute for college, trade school, etc. You need to take action today! If you wait too long, you may loose the right to get the help you and your child need.
Friday, May 7, 2010
A little prior planning can go a long way.....
If you are getting married this Summer, the last thing you may be thinking about is what will happen if you eventually get divorced. It really does seem so illogical to be thinking about failure at a time like this, but maybe you should. A significant number of marriages end in divorce, and a little prior planning can go a long ways toward protecting you and your fiancé.
Maybe it just takes the right attitude to make this kind of advance planning make sense. It is true that your wedding is a very important and romantic time, and neither of you want to do anything to damage the mood. How about trying this – When you purchase a home or a car do you get insurance? Sure you do. You don’t expect to wreck your new car or burn down your home, but it would be foolish to just assume these things never happen.
With your marriage, what better time to work out how things will be divided than when you are in love? What better time to make these critical decisions than when both of you only what to do what is best for each other? Even the best people can have a hard time putting the negative feelings behind them when they are getting a divorce, but, if these decisions were made when your feelings for each other were positive, you would have a much healthier breakup.
On a practical level, the cost of a pre-nuptial agreement is far less than a contested divorce. The end result is much more likely to be based on your love for each other, than a desire to get revenge. Overall, the end result is more likely to allow both parties to move on with their lives in a positive and healthy direction. Taking the time to discuss this alternative now should be part of your future plans – act now, before the wedding.
Maybe it just takes the right attitude to make this kind of advance planning make sense. It is true that your wedding is a very important and romantic time, and neither of you want to do anything to damage the mood. How about trying this – When you purchase a home or a car do you get insurance? Sure you do. You don’t expect to wreck your new car or burn down your home, but it would be foolish to just assume these things never happen.
With your marriage, what better time to work out how things will be divided than when you are in love? What better time to make these critical decisions than when both of you only what to do what is best for each other? Even the best people can have a hard time putting the negative feelings behind them when they are getting a divorce, but, if these decisions were made when your feelings for each other were positive, you would have a much healthier breakup.
On a practical level, the cost of a pre-nuptial agreement is far less than a contested divorce. The end result is much more likely to be based on your love for each other, than a desire to get revenge. Overall, the end result is more likely to allow both parties to move on with their lives in a positive and healthy direction. Taking the time to discuss this alternative now should be part of your future plans – act now, before the wedding.
Sunday, March 7, 2010
Thinking ahead for post secondary education support for your June graduate....
Thinking ahead for post secondary education support for your June graduate....
The overwhelming majority of Washington State Child Support Orders “reserve” the right to ask a court for an order for post-secondary support. In these Orders, the right to petition the court for an order is usually limited to the date the child graduates from high school. If you do not seek the post-secondary support by that date, you likely loose the right to ask for it in the future. This can mean that the other parent can simply refuse to help pay, and there is nothing you can do about it!
It is also important to note that if you do not ask the court for the financial assistance early enough, the hearing on the issue might be after payment is required for Fall classes. Now is the time. If you aren’t sure if you need to ask for post-secondary support, take a look at your Order of Child Support. If you still aren’t sure, ask a family law attorney.
I can’t tell you how often a parent will come in after their child has graduated from high school, and tell me the story that the other parent has “promised” to help with college, but has now refused to pay. A simple promise to pay is not likely enough to ensure your child’s post-secondary education. It’s easy to secure a binding court order – just so long as you do it now!
Sunday, February 21, 2010
Exercise your constitutional rights
Is there a difference between what you should do if you are questioned or arrested by the police and what your parents taught you?
The short answer is – maybe. It is a common occurrence to have someone questioned or arrested and simply spill their guts to the officer. The theory is that I was taught to be honest and tell the truth – so I did. There really is noting wrong with this approach so long as you don’t care if you will have a criminal record for the rest of your life, maybe go to jail or prison, spend many days in court, spend a bunch of money on fines, court costs, and legal fees, and maybe ruin your chances of getting a good job or even working in the profession you have always dreamed about.
We live in America, and we all have certain rights and responsibilities. The U.S. Constitution and the Washington State Constitution, give each of us certain rights when we are confronted with a police interrogation or arrest. It is your right to exercise those constitutional rights, and if you choose to ignore them, you need to accept the consequences.
There is no good reason not to be polite to a police officer, and if he or she asks your name or wants to see your identification – be a responsible citizen and cooperate. If, however, the encounter goes any further, you need to keep in mind that despite what the officer or anyone else tells you, everything you say will be used against you. You have a right to remain silent – use it! You have the right to talk to an attorney – use it!
It is my opinion that you are not violating the principals and morals imparted to you by your parents if you elect to exercise your constitutional rights. Our founding fathers fought hard for these rights – use them!
The short answer is – maybe. It is a common occurrence to have someone questioned or arrested and simply spill their guts to the officer. The theory is that I was taught to be honest and tell the truth – so I did. There really is noting wrong with this approach so long as you don’t care if you will have a criminal record for the rest of your life, maybe go to jail or prison, spend many days in court, spend a bunch of money on fines, court costs, and legal fees, and maybe ruin your chances of getting a good job or even working in the profession you have always dreamed about.
We live in America, and we all have certain rights and responsibilities. The U.S. Constitution and the Washington State Constitution, give each of us certain rights when we are confronted with a police interrogation or arrest. It is your right to exercise those constitutional rights, and if you choose to ignore them, you need to accept the consequences.
There is no good reason not to be polite to a police officer, and if he or she asks your name or wants to see your identification – be a responsible citizen and cooperate. If, however, the encounter goes any further, you need to keep in mind that despite what the officer or anyone else tells you, everything you say will be used against you. You have a right to remain silent – use it! You have the right to talk to an attorney – use it!
It is my opinion that you are not violating the principals and morals imparted to you by your parents if you elect to exercise your constitutional rights. Our founding fathers fought hard for these rights – use them!
Tuesday, February 9, 2010
When should I hire a Lawyer?
#1: Always talk to a lawyer if you don’t understand the law
We’ve talked about this before, but English isn’t always English when it comes to the law. What may be obvious language in a law or document may mean something entirely different in the eyes of a court. The law can be complex and confusing. There is nothing to be ashamed of if you seek help to understand a contract, a will, a divorce decree, etc. It’s much better to get advice up front than try to fix a mistake later. If you don’t understand a legal document, if you can’t figure out how the law affects you, or you can’t make sense of a legal issue – hire a lawyer.
For example, suppose you are dealing with a child support issue that will have a big effect on you and your family for many years. Maybe you have read the law that applies to this issue over and over, and you just don’t understand your options. Should you take the risk of handling it yourself and making a mistake? Do you want the State of Washington breathing down your neck for the next 20 years? It is penny smart and dollar foolish to take on such a big risk without professional advice.
#2: Hire a lawyer for legal issues with long-lasting consequences
When looking at a possible legal problem, you need to decide whether it will have a serious or long term impact on your life. It just makes sense to hire a lawyer for the big legal problems.
For example, suppose you are charged with a DUI. It may be possible to get through this life changing event without a lawyer, but will the long term consequences of a conviction be properly addressed? Are you aware of the many ways a DUI can be defeated or minimized? How will the actions you take effect you when seeking a job, traveling out of the U.S.A., or purchasing insurance?
Many types of legal issues have long lasting consequences. Divorce, child custody, wills, real estate transactions, criminal charges, etc. all can have major long term consequences. Getting knowledgeable legal advice can affect you for many years to come.
#3: Hire a lawyer when you need the “big guns”
There are times in your life when it just makes sense to bring in the “big guns” – a lawyer who will act as your tireless advocate. In many instances, you want a lawyer if you’re fighting an opponent who is more powerful, has more money, or is better versed in the law.
Maybe you are getting a divorce, and your spouse is gearing up for a fight. You do not want to represent yourself against a lawyer who has many years of experience litigating divorces. You want to have representation that can stand up to your spouse’s lawyer and fight effectively for your rights.
#4: Hire a lawyer for issues worth more than the cost of a lawyer
As obvious as it sounds, it really doesn’t often make much sense to spend $1,000 to fix a $500 problem. If you are facing a legal issue that’s worth a lot of money, it is often worth the investment to hire a lawyer.
For example, take a child support issue. A child support payment for a young child might total $100,000 before support terminates. Child support, day care, insurance, extra curricular activities, etc. require a solid knowledge of the law, and mistakes may cost thousands. Why not spend a small fraction of that to hire a lawyer who can review the issues, point out any problems, and help you reach a fair and equitable solution.
#5: Follow your instincts
When faced with a legal issue, sometimes you just have to rely on your gut. Maybe the problem seems clear cut and straightforward, but you have a nagging doubt in the back of your mind. Maybe a lot of people have told you “it’s easy, you don’t need a lawyer for this,” but you’re not so sure. Maybe something seems fishy. When it comes down to it, our gut instincts are, more often than not, accurate. If you have any doubts, hire the attorney. It’s a small price to pay for peace of mind.
We’ve talked about this before, but English isn’t always English when it comes to the law. What may be obvious language in a law or document may mean something entirely different in the eyes of a court. The law can be complex and confusing. There is nothing to be ashamed of if you seek help to understand a contract, a will, a divorce decree, etc. It’s much better to get advice up front than try to fix a mistake later. If you don’t understand a legal document, if you can’t figure out how the law affects you, or you can’t make sense of a legal issue – hire a lawyer.
For example, suppose you are dealing with a child support issue that will have a big effect on you and your family for many years. Maybe you have read the law that applies to this issue over and over, and you just don’t understand your options. Should you take the risk of handling it yourself and making a mistake? Do you want the State of Washington breathing down your neck for the next 20 years? It is penny smart and dollar foolish to take on such a big risk without professional advice.
#2: Hire a lawyer for legal issues with long-lasting consequences
When looking at a possible legal problem, you need to decide whether it will have a serious or long term impact on your life. It just makes sense to hire a lawyer for the big legal problems.
For example, suppose you are charged with a DUI. It may be possible to get through this life changing event without a lawyer, but will the long term consequences of a conviction be properly addressed? Are you aware of the many ways a DUI can be defeated or minimized? How will the actions you take effect you when seeking a job, traveling out of the U.S.A., or purchasing insurance?
Many types of legal issues have long lasting consequences. Divorce, child custody, wills, real estate transactions, criminal charges, etc. all can have major long term consequences. Getting knowledgeable legal advice can affect you for many years to come.
#3: Hire a lawyer when you need the “big guns”
There are times in your life when it just makes sense to bring in the “big guns” – a lawyer who will act as your tireless advocate. In many instances, you want a lawyer if you’re fighting an opponent who is more powerful, has more money, or is better versed in the law.
Maybe you are getting a divorce, and your spouse is gearing up for a fight. You do not want to represent yourself against a lawyer who has many years of experience litigating divorces. You want to have representation that can stand up to your spouse’s lawyer and fight effectively for your rights.
#4: Hire a lawyer for issues worth more than the cost of a lawyer
As obvious as it sounds, it really doesn’t often make much sense to spend $1,000 to fix a $500 problem. If you are facing a legal issue that’s worth a lot of money, it is often worth the investment to hire a lawyer.
For example, take a child support issue. A child support payment for a young child might total $100,000 before support terminates. Child support, day care, insurance, extra curricular activities, etc. require a solid knowledge of the law, and mistakes may cost thousands. Why not spend a small fraction of that to hire a lawyer who can review the issues, point out any problems, and help you reach a fair and equitable solution.
#5: Follow your instincts
When faced with a legal issue, sometimes you just have to rely on your gut. Maybe the problem seems clear cut and straightforward, but you have a nagging doubt in the back of your mind. Maybe a lot of people have told you “it’s easy, you don’t need a lawyer for this,” but you’re not so sure. Maybe something seems fishy. When it comes down to it, our gut instincts are, more often than not, accurate. If you have any doubts, hire the attorney. It’s a small price to pay for peace of mind.
Saturday, January 30, 2010
English isn't always English
English isn’t always English. The truth is that you should never sign a legal document without having an attorney look it over first. Usually, you can find a high quality attorney who will offer a free meeting, so all you are really out is your time.
There are many examples, but I can’t tell you how often very smart people will fall for this trap. A standard order of child support, used in nearly every case in this state, has a section titled “Periodic Adjustment”. Well, any reasonably smart person would tell you that if the “does not apply” box is checked, that means that there would be no periodic adjustment – right?
WRONG! Since this section is not really written in English, what it means is that only the standard legal reasons for future modification apply. Why doesn’t it just say so? I really have no idea. All I can tell you is that if you signed an order thinking that English is really English, you could have obligated yourself to serious future legal and financial repercussions.
Take the time and get that legal document reviewed by someone who practices law in that area. It will save you time, trouble, and, just maybe, might save you from making a serious and expensive mistake.
There are many examples, but I can’t tell you how often very smart people will fall for this trap. A standard order of child support, used in nearly every case in this state, has a section titled “Periodic Adjustment”. Well, any reasonably smart person would tell you that if the “does not apply” box is checked, that means that there would be no periodic adjustment – right?
WRONG! Since this section is not really written in English, what it means is that only the standard legal reasons for future modification apply. Why doesn’t it just say so? I really have no idea. All I can tell you is that if you signed an order thinking that English is really English, you could have obligated yourself to serious future legal and financial repercussions.
Take the time and get that legal document reviewed by someone who practices law in that area. It will save you time, trouble, and, just maybe, might save you from making a serious and expensive mistake.
Sunday, January 24, 2010
Who is your beneficiary?
We’ve talked about the importance of estate planning, and the problems you can experience if you don’t get it done right. Unfortunately, you often don’t see the problem until it’s too late. Every now and again, we are able to prevent the problem.
I have a younger couple in the office getting wills done. They had been married for a while, and they had their first child on the way. The husband has gone to work right out of high school at Boeing. As part of the consultation, I advised them to check on beneficiary designations on life insurance policies. (If the asset doesn’t become part of your estate, then your will can’t control where it goes).
The couple came back the next week to sign their wills. They had checked the husband’s life insurance policy through his work, and found that when he was 18 he had named his buddy Bill as beneficiary of his life insurance police to “have a big party”. Well, had they not caught this error, a real tragedy might have happened if something had happened to the husband!
The moral of this story is check any asset you may have that has a beneficiary designation, life insurance, 401K’s, IRA’s, mutual funds, etc. Most of the time it isn’t a problem, but you want to make sure that who you name as beneficiary “fits” with your estate planning and tax planning goals.
One of the services my office offers is Estate Planning. There is no charge to come in and discuss this.
I have a younger couple in the office getting wills done. They had been married for a while, and they had their first child on the way. The husband has gone to work right out of high school at Boeing. As part of the consultation, I advised them to check on beneficiary designations on life insurance policies. (If the asset doesn’t become part of your estate, then your will can’t control where it goes).
The couple came back the next week to sign their wills. They had checked the husband’s life insurance policy through his work, and found that when he was 18 he had named his buddy Bill as beneficiary of his life insurance police to “have a big party”. Well, had they not caught this error, a real tragedy might have happened if something had happened to the husband!
The moral of this story is check any asset you may have that has a beneficiary designation, life insurance, 401K’s, IRA’s, mutual funds, etc. Most of the time it isn’t a problem, but you want to make sure that who you name as beneficiary “fits” with your estate planning and tax planning goals.
One of the services my office offers is Estate Planning. There is no charge to come in and discuss this.
Friday, January 22, 2010
Children & Divorce
Children and Divorce:
Much is written about the impact of divorce or legal separation on children. As an attorney, I see this serious problem from a unique prospective. I am not a parenting counselor or psychologist, but I do think I can offer my thought with a certain amount of authority.
Much more often than anyone would believe, the children in a marital dispute are directly involved by the parents or other family. Maybe we all know that this is not a good idea, but the long term harm to the children, even older children, can be devastating. I see serious behavior issues, a marked deterioration in grades, and an increase in conflict with parents when they are involved in the details of the divorce or separation.
In those cases where the children are kept out of the fight to the extent possible, the children tend to make a much better transition to the new living arrangements. In those cases where the children are offered professional counseling, especially if it starts at the very beginning of the conflict, they are usually the best adjusted and emotionally stable of all the families I see. Having a professional to talk to, one who has no other agenda that the best interests of the child, is a great benefit to the mental health of the child.
Even when the parents are trying hard to make life as stable as possible for their children, I believe that having a “safe” third party to talk to can make a huge difference in the child’s ability to adapt to such significant changes. Kids are not dumb, they know there is a conflict, even if it is well hidden, and often may perceive communication with one parent as a betrayal of the other parent.
Counseling and parenting classes for the parents can be a great help in working with your children during these stressful times. Professional guidance can keep you on the right path, and, in the end, have a lasting impact on your children.
Sunday, January 17, 2010
Let's get it started....
Welcome to 2010! With all our new year’s resolutions, there are a couple of things that you may want to move to the top of your list – especially if you have a child graduating from high school this spring.
If you expect to have a child in college, trade school, or other post-secondary education this year, you may need to take action now to preserve your right to receive financial help from the other parent. Most child support orders terminate upon the child reaching age 18 or graduating from high school, which ever occurs last. If you child is graduating from high school this spring, you likely will need to take immediate action to ensure that the other parent helps with the child’s expenses next September.
While it is true that you might have until early June to take action, there might not be enough time to get the issue resolved and still allow your child to start school this fall. Even if you and the other parent have a verbal agreement, you should understand that this agreement might not be enforceable once the child reaches 18 and has graduated from high school. A little foresight can go a long ways to ensuring that your son or daughter can obtain the education they want.
If you expect to have a child in college, trade school, or other post-secondary education this year, you may need to take action now to preserve your right to receive financial help from the other parent. Most child support orders terminate upon the child reaching age 18 or graduating from high school, which ever occurs last. If you child is graduating from high school this spring, you likely will need to take immediate action to ensure that the other parent helps with the child’s expenses next September.
While it is true that you might have until early June to take action, there might not be enough time to get the issue resolved and still allow your child to start school this fall. Even if you and the other parent have a verbal agreement, you should understand that this agreement might not be enforceable once the child reaches 18 and has graduated from high school. A little foresight can go a long ways to ensuring that your son or daughter can obtain the education they want.
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