Communication with Authority

Communication with Authority

 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!

Graduation is right around the corner

Your Child’s Future

 

Graduation is right around the corner.  There is always so much to do that it can be hard to think about the future.  If your child is graduating from high school this spring, you really do need to take a couple of minutes and consider you and your child’s financial future. 

Most urgent is to resolve any post-secondary education issues.  Who will pay how much for the child’s college or trade school?  In almost all cases, you have a very clear deadline for when you have to exercise your right to resolve this issue.  Usually, the deadline is the child turning 18 or graduating from high school, which ever occurs last.  If your child is now 18 and will graduate this June, your are almost out of time to take steps to preserve your right to ask a court to order the other parent to contribute to the child’s post-secondary support.  The day after graduation is too late! 

Going hand in hand with the deadline for post-secondary support is the reality that a court will take some time, usually at least four months, to make a decision.  If your child plans on starting school in September, filing for post-secondary support needs to happen very soon. 

 

Finally, I have seen many cases where promises were made regarding post-secondary support, and then those promises were broken.  To make any commitment for post-secondary support binding, it needs to be in an order signed by the court. 

 

A further concern is if there are other younger children.  The Order of Child Support will no longer apply to the oldest child, and the total amount of child support will decrease.  Unfortunately, the new lower payment amount is usually not accurate.  The way child support is calculated in this state, the amount per child is less the more children you have.  A modification of child support at this time will ensure that the correct transfer payment is ordered, and this can be done at the same time post-secondary support is sought.

If you have a graduation coming up – Congratulations!  Enjoy this time in your child’s life.  With all the celebrating, don’t forget the immediate future.  Failure to take action now can have a very negative financial effect on both you and your child.

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.

Something to ponder.....

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 a many years.

 

Another aspect of this issue is the likely hood that once a person has one conviction, they are more inclined to suffer future convictions.  I may seem too many that the immediate impact of a criminal conviction is fairly minor, but as they accrue the penalties increase. 

 

Even if you can’t afford to hire an attorney, there are often free criminal defense attorneys available for folks with low incomes.  I’ve heard defendants ridicule the public defender, but they work hard for their clients and often know that particular court far better than any private attorney.

 

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 change of getting a positive outcome.

Being Set Up

BEING SET UP

You may have been in a relationship for many years, but, as often happens, your partner may be looking for a chance to set you up. Regardless of the motivation – anger, revenge, or just a desire to get an advantage in the divorce, it happens all the time.

A mild mannered mom who has spend many years staying at home caring for the kids, and a husband who has been increasingly verbally abusive. They are in the kitchen, and he is belittling her, ridiculing her, and running her down for the hundredth time. She’s humiliated and a little angry. He turns his back on her, and bends over to pick up something on the floor. She kicks him in the hind end. (Not that he didn’t deserve a good swift kick in the butt). He immediately calls 911, and the wife is charged with assault-domestic violence. The husband files for a divorce, and asks the court to place the children with him. After all, his wife is violent, and, according to the husband, a drunk. The court agrees that it is safer to leave the kids with the husband, and the wife is out of the house with no kids, no money, and no job.

In another example, a husband comes home from work and wife is screaming at him. Most nights the anger is directed at some little thing that he has done or failed to do, but regardless, he is showered with abuse. Finally, one night he goes to bed, but is woken a little later by the wife standing at the foot of the bed screaming at him. He has had enough, and yells back. He is so angry, that he punches a hole in the bedroom wall. The wife calls 911, and the husband is arrested for malicious mischief-domestic violence. The wife files for divorce, and the husband is not allowed unsupervised contact with the kids, forced to go through a year’s worth the anger management counseling, and in the end has little to no contact with his children.

I’ve seen dozens of these stories unfold in my practice. I can’t prove that the "assault" was contrived, but I know that in at least some cases they were nothing more than a set up. Why spend the money and time fighting over the kids in a divorce, especially if you are likely to lose, when a little premeditated hi jinks can get the job done?

If your relationship is getting kind of rocky, it is time to get some advice from someone that deals with this kind of thing every day. You can usually get a free consultation, and the information you receive can go a long way toward helping you protect yourself. Know what to look out for, and know how to protect yourself. Getting some good advice can only help, and if all works out well in your relationship all you have done is invest a small amount of time in getting good advice.

Vicious Cycle

Vicious Cycle

            If the time ever comes that the relationship is on the rocks, maybe you can learn from others.  I’ve worked with many people in this position, and in almost every case the end result is determined by whether my client has the ability to just walk away for a while.  It may sound like a small thing, but many just don’t seem to have the strength to do so.

            It can start out really simple.  The wife or girl friend gets a two week protection order.  During the two weeks, you just have to talk to her, text her, e-mail her, have a friend or family member get in touch with her.  If you could only talk, everything would be just fine.  And in fact, you might talk to her and believe that you are on the path to working through your problems.

            Let’s do a reality check.  The two quick calls where you left a message and told her how much you cared, the four text messages where you said the same thing, the long love letter e-mail, and the call you asked your mother to make can and often are separate criminal offenses.  Each offense, in this case eight, is punishable by up to a year in jail and a $5,000 fine. 

            Don’t think it will happen, well it can and it does.  To make matters worse, after a couple of convictions for violations of protection orders, any future violation can be charged as a felony.  What started as an innocent attempt to work out your relationship problems can turn into years in jail or prison.  While you sit in a cell, you lose your home, children, job, and your ability to find decent employment once you get out.

            This is not a rare occurrence.  It happens all the time, and most of the people involved are still saying how they didn’t want to hurt her, they only wanted to make up, right up until they are transported to prison.

            Even if she says, “don’t worry about the protection order – I’ll get it dismissed”. “ I need to see you.”  “The kids need you.”  “I’m so sorry,  I didn’t mean it.”  IT DOESN’T MATTER!  If you are reported in violation of the protection order, you will go to jail.

            Take my advice, regardless of your emotional state, give it a rest.  If there is any hope of making things right, a little time apart won’t make any difference.  Get in to see an attorney right away, and follow that attorney’s advice.  Regardless of how innocent it seems, if you don’t protect yourself very bad things will happen.

Support for College

Support for College

               If you have a child graduating from high school this year, now is the time to be thinking about paying for the child’s education.  If you have been receiving child support, that support is likely to end very soon.  Most Child Support Orders terminate support upon the child reaching age 18 or graduation from high school, whichever occurs last.  Only a very few orders provide for payment toward post-secondary education.  The most common language requires you to petition the court for this support prior to the time child support ends.

               From a practical standpoint, if you wait too long you can lose the right to ask a court to require the other parent to assist with post-secondary expenses.  Even if you petition the court in time, it may very well take so long to get the issue settled that the child has already started school.

               In Washington the courts are willing to decide these issues once the child has applied and been accepted at a school.  Generally, acceptance letters are sent out by this time each year.  In the case of a community college, your child will need to take the initiative because the registration deadlines are later. 

               Once a petition is filed and served, a court will usually hear the case within four months.  Consequently, if you file now you should have a court order in place before any money needs to be paid to the school.

               As a final thought, it is pretty common in my practice to have parents say:  “Well, the other parent promised to help with college, but now they won’t help.”  Promises are fine, but if you want to be assured that your child will get help with school you need a court order.  This protects both parents, and gives you a legally enforceable right to the help your child needs.  If the other parent is making promises,  that’s great, but if they are sincere in their commitment they should have no problem working on an agreed order.  If they aren’t willing to cooperate, you need to take this as a red flag and talk to an attorney.

After the Holidays

After the Holidays

            If you had a less than positive experience this past holiday season with visitation, now is an excellent time to consider getting the problems fixed.  The process can take time, and now is an excellent time to start looking toward spring break, summer break, and the 2012 holidays.  Generally speaking, the process is not that difficult and the courts are very skilled at crafting a parenting plan that will avoid future conflicts and ensure both parents have appropriate time with the children.

            Once a new order is put in place, it will often act to reduce the level of conflict.  Each parent then has legally enforceable rights, and any disagreement can be resolved – usually without having to go back to court.  With the sure knowledge that visitations will happen as scheduled in the parenting plan, stress will be greatly reduced – not only for the parents, but also for the children.

            If there are immediate issues that need to be addressed, this process can be adapted to get results in a fairly quick time frame.  Once a petition for modification of the parenting plan is filed and served, the court will be open to entering a temporary order to fill the gap until the final parenting plan is entered with the court.

            If you are considering this process, it usually costs nothing to see a family law attorney and discuss your individual case.  At a minimum, you will leave that appointment with a lot more information than you started with.  Putting off getting your parenting plan “right” can make future legal action more difficult, and can deprive you the time you deserve with your kids.

A Story About A Separation

               It doesn’t happen often, but from time to time I meet with people who have been separated from their spouse for months or even years.  There are a lot of reasons why this happens, but often it is just easier to ignore the other person, and just go about your life without him or her.

               What many people don’t know is that just because you may not have even talked to your spouse in all that time, that doesn’t mean that the law will treat that time apart as any different than if you had been living together.  A trial court will look at the subjective opinions of the parties when determining when the “cut off” date for the marriage should be set.  Because this is a subjective test, if it benefits one party to include all that time they were informally separated into the marriage, it may very well happen that way.

               I represented a party to a divorce many years ago.  The parties had been separated for over ten years, and hadn’t even talked in all that time.  One party lived in Washington, and the other party moved to the mid-west.  During that period of separation things went well for one party – his business grew, he purchased property, and he had money in the bank.  Things did not go so well for the other party – she had trouble holding down a job, and she ended up with no real assets.

               When the case came to trial, the wife testified that despite having had no contact with her husband in those many years, she had always believed that they would get back together again and that the marriage would be better than ever.  The court decided, based on that subjective “belief”, that all those years of separation were to be included into the marriage.  The wife got a large share of everything that was earned by the husband during their separation.

               Even relatively short separation periods can be a problem for some people.  The actions of one party may very well create a financial burden for both parties.  A simple way to draw that line in the sand is to file for a dissolution or legal separation.  That date of filing will be used by the court to determine the actual separation date, and greatly limit claims by either party for assets or responsibility for debts incurred after that date.  Ignoring the issue is seldom a good way to achieve a positive final result.  Informal separations are not in your best interest, and can cause significant financial issues that might have been otherwise avoided.

Planning for the Unthinkable

Planning for the Unthinkable

               Many people simply don’t want to think about unpleasant topics like what will happen when you die, or what will happen if you get so sick or injured that you are unable to make your own decisions.  Can’t really blame people for side stepping these issues, but the responsible thing to do is get it over with and do the right thing.

               Even if you don’t have much now, that doesn’t mean that when you pass away there won’t be important assets and debts that need to be addressed.  If you don’t take the time now to plan ahead, you will get what the Washington State Legislature determined should happen in cases where there is no will or an invalid will.  This result can be very different from what you would want to have happen, and there is really nothing anyone can do about it after the fact.  There can also be serious tax issues that if not appropriately addressed, can really bite into your estate.   Creating a well crafted will can ensure that your wishes are carried out with a minimum of heartburn for your family.

               If you are so ill or injured that you can’t make your own health care and financial decisions, you can plan ahead and appoint and direct the person or persons you want to make these decisions for you.  If you don’t plan ahead, you tend to get the first person that goes to all the trouble and expense of asking a court to grant them these powers.  Not only may this not be the person you want to make those important decisions, but it will cost a lot more money than if you had taken some simple steps now.

               Estate planning is really pretty simple and not nearly as expensive as you might think.  Now is the time to set up an appointment and get the guidance on how to best achieve your goals.  In all the years that I’ve been helping people with estate planning issues, I’ve never had anyone not feel much better about themselves after it’s completed. 

The Holiday Season and the Law

The Holiday Season and the Law

                It’s that time of the year again – holiday parties, evenings with friends and family, and celebrations that can get you in trouble.  The Washington State Patrol alone makes 20,000 DUI arrests each year, and it’s all over the news that most law enforcement agencies have stepped up DUI patrols this month.  Now is a good time to give some thought to what you should do if you are caught up in one of those stops.

                I’ve said it many times before, but it’s worth repeating – don’t volunteer to take any field sobriety tests if you are stopped by an officer.  These are purely voluntary tests, and you will not benefit from taking them.  Also, be polite and cooperative with the officer, but do not answer any questions that relate to where you have been or how much you have had to drink.  Providing your driver’s license, proof of insurance and registration are just fine, but don’t get into a conversation with the officer, just keep any discussion to the bare minimum.  If you take the voluntary field sobriety tests and/or discuss how much you have had to drink with the officer, it will be used against you in court.  I don’t care how nice the officer seems, or that the officer “just wants your cooperation so her or she can get you on your way”, what the officer is really doing is collecting evidence to be used against you.

                If you are taken into custody, the officer will generally read you your constitutional rights while you sit in the back seat of the patrol car.  Listen to your rights, and immediately ask to speak with an attorney.  When you get to the police station, keep in mind that you need to talk to an attorney before you sign anything or answer any questions about your physical condition.  They have defense attorneys on call that you can speak with any time day or night.  Talk to the attorney, and follow his or her advice.

                You will almost certainly want to take the breath alcohol test at the police station.  Refusing to take the test will subject you to higher penalties, and will make your defense all that much more difficult.  If you follow the attorney’s advice, you should get through the ordeal without too much trauma.

                The next day you need to call an attorney and set up a consultation.  There are very tight time constraints that can mean a significant suspension of your license if you don’t get help right away.  Depending on the jurisdiction, it could be months before you are formally charged with the DUI, but that doesn’t mean that you can just ignore the situation.  The Washington State Department of Licensing will suspend your license, and unless you take immediate action there isn’t much that can be done to prevent the suspension.

                Please have a great holiday season!  I hope that everyone stays on the right side of the law, but if something happens please remember my advice.  A DUI can have very negative long term effects on your life, school, and work.  The costs that come with a DUI can be immense and long term.  Know how to defend yourself from self incrimination, and how to give your attorney the best chance possible to obtain a positive final outcome.

Spending time with your children during the holidays

Spending time with your children during the holidays         

               The Thanksgiving thru New Year holidays may seem a ways off, but now is the time to work out any disputes over where your children will spend the school break and/or holidays.  Waiting to the last minute can often mean that nothing can be done to enforce your Parenting Plan rights this year.  It usually takes at least 3 weeks or more to get into court, if you must get a court order to resolve a dispute.  Many Parenting Plans include a dispute resolution section that requires mediation or other vehicle for dealing with differences in opinion regarding the language in your order.

               Often times a Parenting Plan is signed by a court when the children are quite young.  As they get older, it may be more difficult to enforce provisions for visitation that better applied to little kids.  Sometimes the parents move on with their lives.  New spouses, children from a new relationship, or someone has moved out of the area.  Each of these problems can be resolved, but someone needs to take the initiative to get the Parenting Plan updated.

               More often than not, the parents can work thru their issues and agree on changes to the Parenting Plan.  In this situation, it important to do more than agree.  A new Parenting Plan needs to be drafted and entered with the court.  If you just leave the changes an informal agreement, it can be very difficult to enforce the agreement at a later date.

               When the parents cannot agree on changes to the Parenting Plan, it may be necessary to ask a court to make the changes.  This does not have to be a major battle, but either way, a court will consider your issues and render an order. 

               A properly drafted Parenting Plan can be tailored to the specific needs of your family.  There really isn’t a “one size fits all” approach that is likely to address your needs and issues.  Taking the time to talk to a family law attorney can help you understand what your realistic options are, and how to best achieve them at a reasonable cost.

College and the Parent's Responsibility

College and the Parent's Responsibility

College and the Parent’s Responsibility

It is getting to be that time of year when some of us are looking forward to children graduating this next June.  For many, this can mean concerns about the payment for college, trade school, and other post-secondary education.  Will the other parent pay a share, how much, etc.  These are all important questions, and the time is right to get answers.

Most Orders of Child Support include language that limits when a parent can ask a court to make a decision on post-secondary support.  Usually, you must bring this petition before the child turns 18 or graduates from high school, whichever occurs last.  From a practical standpoint this does not give you a lot of time.  Sure, you can wait until next May to take action, but the case will not likely be resolved before school starts next September.  What a court wants to see is that the child has been accepted at the school he or she plans to attend, before the court will enter a post-secondary support order.  Admission letter generally go out from October to January, so the window is now open to take a look at what needs to be done to ensure appropriate payment for your child’s education expenses.

I have seen too many cases where promises are made, but when it comes time to make good on the promises nothing happens.   I have seen too many cases where the correct advance planning did not take place.  I have seen too many cases were the parent simply waits too long to take action. 

A consultation with an experienced family law attorney can get you going in the right direction with plenty of time to get it right.  Even if the parents have reached an agreement, putting it into a valid order of the court will “cement” the agreement and make it clear what is expected of the parents and child.  If legal action is required, talking to an attorney will help you understand what needs to be done in advance to better ensure a reasonable result.

Planning Parenting When You're Not Married

Planning Parenting When You’re Not Married

               It happens all the time.  It could be a long term relationship or it could be a very brief relationship, but what happens when a child is born?  Many people try to “deal” with the situation through self-help.  I’ve seen many cases, and addressing issues through promises and informal agreements seldom work for long.

               The law provides for back child support to be assessed for up to 5 years.  This can place a parent in a situation where all the groceries, rent, bills paid, clothes, toys, etc. are characterized by the court at a later date as gifts and not child support.  I have seen parents saddled with over $30,000 in back child support, and required to pay future support.  I have seen parents “work out” a parenting arrangement that seems to suit their needs when the child is young, but falls apart as the child gets older.  A common issue that I see is one parent simply refusing to allow visits by the other parent.  This can be anger over that parent having a new person in their lives, the desire to coerce a parent into obeying his or her rules and demands, or for no real reason at all.

               The appropriate and safe thing to do is to get court orders that protect all parties right away.  This will give both parents legally enforceable rights, and make clear each parent’s responsibilities.  This process does not have to be a battle, it can be a cooperative and constructive process that can really help the parents build the kind of trust necessary to co-parent.  The orders that come out of this process can be drafted to reflect the evolving needs of the child, and help reduce conflict later in the child’s life.  It is the responsible thing to do, and it is the right thing to do for the child.

               Especially in cases where the parents have grown apart or never really had a close relationship, the appropriate court orders can set a framework for future parenting decision making.  In so many cases, the parents eventually move on to build new relationships and new families.  When parenting issues are first addressed at that time, the demands of these new relationship can get in the way of coming up with a plan that is focused primarily on the best interests of the child.

               If you are expecting a child or if you have a child where the support and/or visitation is unresolved, a consultation with a family law attorney can really help you understand the complexities of crafting a workable solution.  Rarely will the problem just “go away”.  It is up to you as the parent to ensure that right things are done to protect your child

Changing the Amount of Time You Spend With Your Children

Changing the Amount of Time You Spend With Your Children

               This is commonly the time of year where many parents reconsider where their children live the majority of the time, or reconsider how much time the children live with each parent.  This may be because one parent has the children with them more of the time during the summer, or because the school year is just around the corner, but regardless of the reason, this is a hot topic right about now.

               If the parents are in agreement on any changes to their Parenting Plan, making these changes can be pretty simple.  It is important to formally make these changes in a new Parenting Plan.  Just informally adopting changes can lead to conflict later, and entering a new Parenting Plan will ensure that both parents’ rights are protected.  I have seen informal changes to visitation schedules go very wrong over time.  When these agreements break down, the court can be left with no real idea of who is telling the truth about the informal agreement.

               If one parent is looking to modify the Parenting Plan, legal guidance is essential.  The law in Washington is very detailed about when a change is possible and under what circumstances these changes are appropriate.  In many cases, some prior planning can significantly improve your chances of successfully modifying the Parenting Plan.  If an emergency exists and the safety of a child is at stake, there are things that can be done to get immediate relief from the court. 

Regardless of your situation, meeting with an experienced family law attorney will help you better understand your options.  Putting off addressing your concerns will not generally improve your position, and can make obtaining the relief you want more difficult. 

Planning Your Separation or Divorce

Planning Your Separation/Divorce

               It may sound callous, but if you are considering a divorce or separation you need to be thinking about what you need to do when it happens.  In many cases, you have no advance notice, but when you are taking the initiative or you know it’s coming, there are some things that can make the process much easier to survive.

               Money:  A divorce or separation costs money, and you cannot count on getting it from your accounts or spouse once the process begins.  My experience is that all the accounts and lines of credit disappear when the other spouse suspects a divorce or separation is on the way.  It just makes sense to put what money you can in a separate account if it is available.  You should keep good records of where the money came from and what you used it for, but it’s far better to provide an accounting later than not have the money when you need it.  If you need to use charge cards, do the same thing.  Use the cards when the credit is available.  It is common to see charge cards put on hold or cancelled during the first stages of a divorce or separation.  Having enough money to pay your bills, support your family, and pay your attorney will make the whole process much less stressful. 

               It is possible to ask the court to order your spouse to pay child support, temporary spousal maintenance, and pay your debts.  Unfortunately, there is often not enough income to cover all your basic needs.  Further, courts in the early stages of this kind of litigation rarely award attorney fees, or if the court does make an award it is rarely enough to cover your actual fees and costs.  Even when everything goes great, it can take a month or more to get the money flowing.  You need to plan for your own support for at least a couple of months.

               Documents:  It can make the whole process go much quicker and cheaper if you can obtain copies of important documents before the split.  Your last several years tax returns and W-2’s, bank statements for all accounts, 401K and other investment reports, business records, etc. can all be useful.  Getting copies now can save the cost of obtaining them during the litigation, and will give your attorney the information he or she needs to do the work necessary to represent you in a timely and appropriate manner. 

               If you are gathering information, try to keep it somewhere that you can retrieve it after the split.  Maybe a friend or family member can hold the documents for you.

               Next time, we will talk about parenting issues and what you can do to protect your position.

Recent Change to DUI Law

Recent Change to DUI Law

Starting this Thursday at midnight, if you are arrested for a DUI, your vehicle will be impounded with a mandatory 12 hour hold.  Generally, defendants who are arrested for a DUI are released from custody rather than taken to jail.  If this happens to you, you will not be able to reclaim your vehicle right away.

Up until now the vehicle was released to another person to avoid towing and impoundment charges.  This will not happen now.  Even if the vehicle is owned by someone else, it will be towed.

Under the new law, the impounded car will be held for 12 hours. There are three exceptions in the law: If the car is owned by someone other than the person arrested, such as a business owner, the owner can reclaim the car at the impound lot; a registered co-owner can claim the car; and commercial and farm vehicles can be reclaimed by the legal owner as long as it is not the person arrested.

The thinking behind this new law is that a person under the influence could leave the police station and return to their vehicle.  This might put an unsafe person back on the road.  This happened in Whatcom County back in 2007, and a person was seriously hurt in an accident.  That person sued the county and the State Patrol, and subsequently won $5.5 million in a lawsuit.  The jury found the state patrol negligent because the woman took a cab back to her car after being arrested for drunken driving.  She was involved in the injury accident after she was returned to her car.

The result of this new law will, in theory, make the road safer from drunk drivers.  In all those cases where the driver was innocent of the charge, they will incur the cost of towing and impoundment regardless of their condition.  Further, they will be unable to retrieve their vehicle until the 12 hour hold is up.

A Timely Reminder

A Timely Reminder

                I’m sure that I sound like a broken record, but there are a couple of things we all need to keep in mind when dealing with the police.  As often as I’ve talked about this in the past, I still see several people every week that did not get the message.

                If you are detained by the police, you should always be courteous in your behavior.  Officers of the law are like everyone else, they respond better to people that are respectful and pleasant.  I have seen clients that spend a day or two in jail just because they were rude and obnoxious when confronted by the police.  It costs nothing to be nice, and you will always be better off for having made the effort.

                This may sound like a contradiction, but you need only be as cooperative as the law requires.  You have constitutionally protected rights, and you should use them.  You do nothing wrong when you ask to speak to an attorney before you make any statements to the officer.  (It is appropriate to provide you name, address, identification, vehicle registration, and proof of insurance).  If asked questions about your condition, what you have been doing, how much you have had to drink, etc. you may politely ask to speak to an attorney before you answer.  Do not take any “tests” or volunteer any information before you speak to an attorney.

                It may seem that the officer is just “making conversation” with you, but, believe me, everything you say and do will be used against you if you are charged with a crime.  Much of what you may be asked to do is directly calculated to gather evidence against you.  I have seen my share of police reports, and too often the officer used your statements and performance in these tests to establish his or her probable cause for your arrest.  Further, it is often the case that this information is used at trial to establish your guilt.  You need not incriminate yourself, and you should be careful that you aren’t “tricked” into helping make the case against you.

                I have heard many people charged with a crime tell the same story.  “The officer said that if I cooperated, I would able to go home and that everything would be alright.”  Then, when the subpoena came in the mail, and they see the police report, they find that all the “cooperation” has been used against them.

                Most of us were taught to respect police officers, and to tell the truth.  I’m not suggesting any disrespect, only that you not do yourself harm when you have the legal right to remain silent.  I’m not suggesting that you lie, only that you wait until you have spoken with legal counsel before you discuss the situation with the officer.  Knowing your rights is a great way to keep from being your own worst enemy. 

Child Support ~ When Does it Need to be Changed?

Child Support – When Does it Need to be Changed?

               Washington law allows for the modification of child support every two year, and, given special circumstances, more often.  The reality for most people is one or two modifications over a period of many years.  I often hear parents say that it just seemed like too much hassle to go through the modification process - especially if the first time was traumatic.  It’s not uncommon to see child support orders that are 10 or more years old.

               The first thing that you need to know is that, in most cases, if you wait you are not able to go back in time when the order is adjusted.  I recently met with a parent that had been underpaid on support for 8 years to the tune of over $500 a month.  The child missed out on $48,000 in support that could not be recaptured.  This kind of delay can cut both directions.  I have seen many cases where the parent paying support lost his or her job or had a dramatic reduction in pay, but kept on paying the higher support amount.  The result is often serious damage to that parent’s standard of living, and a downward spiral of debt.  Again, when the case is finally taken in for modification, the court will almost never make the modification retroactive.

               It just makes sense to include in your Order of Child Support language that provides for the exchange of financial information every year or two.  After parents have been separated for a while, it can be very difficult to estimate the other parent’s income.  By exchanging financial information, it makes it much easier to make a decision on whether to seek a modification.  If your Order does not include this language, parents are often willing to voluntarily exchange this information.  Voluntary cooperation can often avoid legal action and the cost of hiring an attorney.

               If you haven’t looked at your child support order in some time, it might be a good idea to have the Order reviewed.  The amount of support paid should be fair to all parties, and a periodic review can ensure that the amount of support is consistent with Washington State law.

What Can You Do About Visitation?

What Can You Do About Visitation?

            In many cases I see, a Parenting Plan has been entered, sometimes many years ago, and it just isn’t working anymore.  Kids get older, and the conflict between a child’s growing independence and the need to spend time with a parent can become a real source of disagreement.  One or both parents’ jobs may have evolved, and the timing for the visits in the Parenting Plan may become unworkable.  People move, and even relatively small increases in distance can effect the viability of scheduled visits.

            Washington law provides for modification of Parenting Plans, but the process can be difficult if both parents aren’t on board for the proposed changes.  It is often easier to just let the old Parenting Plan stay in place, but the result can be less and less time with the child and the possibility of a loss of a close relationship with the child.  It is important to have a useful and adaptive Parenting Plan that address the importance of maintaining the parent child relationship, and trying to the relationship work with an out of date Order is difficult at best. 

            If the original Parenting Plan was adopted when the child was young, there may not have been provisions for bigger blocks of time with the child.  As kids get older, it might be appropriate to divide the Summer vacation between the parents.  While this might not have worked at age 2, at age 8 it could be a real option.  Spending bigger blocks of time with the child can help reinforce and build a stronger bond between the parent and child.

            Whether you are just looking to “tweak” the current Parenting Plan, or you need a more comprehensive modification, it is far better to take action now than delay.  As a general rule of thumb, the longer you allow the visitation to remain inadequate or unworkable, the more difficult it can be to make a change.

            If you are able to discuss your issues with the other parent, and many parents can, an agreed modification can be done quite easily.  Mediation can often be used to resolve differences without resorting to open warfare.  If needed, the courts will be willing to resolve differences.  Regardless of the appropriate approach, your time with your child is fleeting, and each year that goes by without a workable Parenting Plan can never be replaced.