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!
Sunday, June 6, 2010
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.
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