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that address the importance of maintaining the parent child relationship, and trying to the relationship work with an out of date Order is difficult at best.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.

DUI Part II

DUI Part II

             There are a few other things that are important to note if you or a loved one is involved in an alcohol related arrest.  The more information you have now, the better job you will do helping your attorney.

            Last time we talked about making contact with an attorney right away.  Not only is this important in your DUI defense, but the criminal charge is not the only issue.  According to Washington law, even if you are not formally charged with a DUI, the Department of Licensing will administratively suspend your license to drive.  Depending on several factors, you could loose your license for a little as 90 days and as much as several years.

             Each person is given two pieces of paper that describe the administrative process, but, for many, so much is going on that this information gets lost or misplaced.  You have a very brief period of time to challenge the administrative suspension, and, if you miss the cut off, your license will be suspended.  Your attorney can help you with this process, but steps need to be taken right away or it’s just too late.

            For some jurisdictions, there could be a significant delay between when you are stopped for the DUI and when you are actually charged with the crime.  I’ve talked to people that were stopped, but they didn’t hear anything back from the police or court and just assumed nothing would happen.  It isn’t unusual for 2, 4, or even 8 months to go by before you receive the arraignment notice in the mail.  These delays are largely due to the back log in some courts, and will not stop, only delay, the prosecutor from bring charges.

             The delay in charging the crime can make collecting evidence in your defense more difficult.  The arraignment notice comes six months later, and who can really recall the details of that night?  It makes sense to assume you will be charged, and to start preparation right away.  When you are charged, you will have done the work to prepare your defense when the event is still fresh in your mind. 

            Finally, I has been my observation that many defendants go to their arraignment without an attorney.  This can be a mistake, especially if you have prior DUI arrests.  The court has the authority to set conditions for your release at the arraignment.  This can be as simple as law abiding behavior and to appear at future hearings.  At times courts will want to hold the defendant in custody and set a bail requirement for release.  If you are going to hire an attorney, you might as well get the benefit of his or her experience from the very first hearing.

            Next time we will talk about non-alcohol DUI’s.

Alcohol Related Crimes

Alcohol Related Crimes

             Yes, it’s finally Summer (although the weather may not feel much like Summer!).  With a lot of outdoor activities on the schedule, it seems like a good time to talk about alcohol and the law.

             Obviously, the best thing to do is not drink and drive, but, if you do, be ready for a close encounter with the law.  There will be DUI sweeps, and most police departments will be on heightened awareness patrols.  Here are some things to keep in mind:

             The bottom line is that if an officer wants to stop you, he or she will find a reason to pull you over.  It just doesn’t work to drive safe and slow if you have been drinking.  The basis for the stop, commonly known as “probable cause”, is easy to find, and once you are stopped the officer can usually make a case for investigating the “strong odor” of alcohol. 

             Be respectful to the officer, and provide your license, registration, and proof of insurance when requested.  I’ve said it before, but do not make any self-incriminating statements.  The officer will ask you questions, and it may seem like a simple conversation, but they will be used against you in court.  Be polite, but insist on speaking with an attorney before you answer any questions about your driving or alcohol consumption.  I know this will be hard to do, but it is very important to pay attention to this advice.  Many DUI convictions are made based on the defendant’s statements during the stop.

             You should not take the field sobriety tests.  These are voluntary, and you will not pass the tests.  Again, the test results will be used in court to establish your impairment.  Just politely decline the invitation to take the tests – it will pay big dividends later.

            At the police station, the same rules apply.  Make sure you speak with an attorney, and follow his or her advice.  The arresting officer will make use of the time at the station to try to gather more information from you – all of which will later be used against you.  Generally, it is a good idea to take the breath test.  The results are open to challenge in court, and, if you refuse, the level of proof of your intoxication becomes less important than the fact that you refused the test.

             Once you are released, you need to contact an experienced DUI attorney if possible the next business day.  The more time he or she has to prepare your defense, the better job he or she can do for you.   No one should try to “go it alone” when charged with a DUI.

            There are other issues we need to talk about, but they will have to wait for next time.  Please have a safe Summer!

What happens to those you love if something happens to you?

What happens to those you love if something happens to you?

             I believe it is human nature to put off planning for our own death.  Regardless of age or health, most everyone believes deep down that it will never happen to them.  As unrealistic as this may be, many people never take the time to plan for their eventual passing.

             The result of this procrastination can be a real disaster for your family, and, in the end, can result in much more harm than good.  Regardless of your age, health, and assets, appropriate estate planning can make a big difference to those you leave behind.  In Washington State, if you die without a valid will, the division of your estate will be controlled by the intestacy statute.  Under this law, someone will likely have to be appointed the administrator of your estate, and, after all just debts are paid, the remainder will be paid out according to a scheme adopted by the legislature many years ago.  Your wishes will be ignored (the thinking is that if you didn’t care enough to make a will, you get what you get).

             There are a number of issues that need to be addressed when creating a will.  Do you have young people who may receive assets under your will?  Have you ensured that all significant assets are included in your estate?  Will the right people get what you want them to receive?  Are the right people in position to make important decisions, and to ensure that your last wishes are carried out?  Have you considered the tax implications to your estate?

             I have seen multi-million dollar estates with no will.  The tax hit was scary, and largely avoidable had he done a little advance planning.  I have seen young adults receive significant amounts of money, with no strings attached, and then seen their lives fall apart.  I have seen loved ones excluded from any share of an estate, simply because there was no prior planning.  You can easily ensure that your friends, family, and loved ones are taken care of by making sure that you do just a little advance planning.

             It is never fun to contemplate your death, but by showing some responsibility now you can save your loved ones from even more heartbreak later.  The process is really very simple – any estate planning attorney can walk you though the process.  You can usually find an attorney that will provide you with a free or low cost consultation, and, at a minimum, you will leave the meeting with a much better understanding of what you need to do to set your estate in order.

             Take an hour and do the right thing for those you will leave behind.  It’s simple, low stress, and you will feel better after it is done.

Planning for Incapacity

Planning for Incapacity

             The truth is, as people live longer it is more likely that there will come a time when many people are unable to make their own life decisions.  Whether it is an accident, surgery, or major illness, you may be put in a position where important decisions about your health care or finances need to be made, and you are unable to make those decisions.   The length of your incapacity may be short or long term, but important decisions will need to be made.

             If you roll the dice and hope that this never happens, you run the risk that these decisions will not be made the way you would want them made.  If you become incapacitated for any reason, someone will likely step up and take on the responsibility – just not necessarily the person you would pick.  In all likelihood a friend or family member would be forced to hire an attorney and seek to be appointed your guardian.  This can be an expensive and lengthy process, and in the end you get the person the court appoints for the job.

             I have seen many cases where friends and family, often with the best of intentions, get into very ugly legal disputes over who should be appointed guardian for an incapacitated person.  This can be very expensive, and the end result is often a divided and angry family.

             Even if you are married, your spouse may not have the authority, in the event you are incapacitated, to make all the decisions needed to manage the family finances and your health care.  As an example, if it was necessary to mortgage property, and both your names are on the title, your spouse would not likely be able to obtain funds without your consent.  In the end, even your spouse might be forced to seek a guardianship.

             Before any of this happens, it is simple enough to grant a power of attorney to the person or persons you choose to have this authority in the event that you become incapacitated.  You can pick the person, give the direction you want, and better ensure that the decisions made are consistent with your desires.  You can control who makes the decisions and how the decisions are made, if you act now.

            You can determine under what circumstances the power of attorney becomes active, and you can always take the power of attorney away.  This can be done for a small fraction of the cost of a guardianship, and you have all the control.  Planning ahead is a prudent and cost effective way to ensure that the person you select has the authority to immediately step in and help you in your time of need.

Estate Planning: The long and short view

Estate Planning:  The long and short view 

            We have talked about estate planning before, but I thought it might be helpful to take some time and cover several topics over the next month.  For today, I’d like to talk about some general issues and ideas.

            Regardless of the size of your estate and your family, taking the steps necessary to ensure that if you are incapacitated or if you die your wishes regarding your medical care, financial management, and the disposition of your estate need to be appropriately planned.  The best approach is to get some quality legal and financial advice before you take concrete action.  Tax planning can be a big part of making sure that your estate is managed in accord with your goals.  The right kind of tax planning can legally minimize taxes to you, your estate, and your heirs.  There are many ways to approach realizing your goals, but the first step needs to begin with good solid advice.

            An estate planning attorney can give you a good idea on how to achieve your goals.  Coupled with sound tax planning, the end result will be a plan that maximizes your assets and assures that your heirs get what you intend for them in the manner you want them to receive your gifts.  As with most things in life, prior planning will best ensure an appropriate outcome.

             Talk to any CPA or attorney and you will hear horror stories of people that either ignored their estate planning or relied on the internet for advice.  Last wishes not honored, sizable shares of the estate going to legal fees and taxes, and lives ruined due to a lack of guidance in making and receiving a bequest.  Regardless of your goals, the first step is to get quality advice.  The estate planning the flows from this advice will ensure that your goals are met in the least expensive and most effective manner possible.

- Next time, we will talk about planning in the event you are incapacitated or otherwise unable to make your own medical and financial decisions.

New Beginnings & Post Secondary Education Issues

New Beginnings

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!

 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.