Seattle Divorce Lawyer
Seattle Family Attorney
My
practice focuses on the following family law areas:- dissolutions/divorce
- legal separations
- paternity
- child support
- parenting plan modifications
- post-dissolution disputes
The Importance of Child Support:
Child support is the money paid by one parent to another to cover a portion of the costs of food, clothing, and shelter for the children. The amount of child support is generally set at a pre-determined amount based upon the incomes of the parents. Sometimes parents can be obligated to pay additional expenses for the children in addition to normal child support such as day care, counseling expenses, and school tuition.
The amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent's living standard, child support must to some degree reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments may incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent's other relationships). Children are entitled to share in the non-custodial parent’s elevated standard of living despite custodial parent's lower income.
Child support obligations can last for many years. As a result, the support amount may need to change from time to time. This may include major changes caused by job loss, disability, or large changes in salary. It can also include smaller periodic adjustments to keep up with raises and promotions for each parent. Finally, a support modification can address college expenses for a child who is graduating from high school.
If you or someone you know in Washington State needs the assistance of an experienced Seattle Family Lawyer, call Attorney Kevin Scudder today at 866-715-2846, or complete the contact form provided on this site to schedule your initial consultation.
Kevin has been an active member of the King County Bar Association since obtaining his law degree and has been a member of a variety of committees with the Bar Association for many years. Kevin is also a member of the King County and American Bar Associations, Family Law Sections, and the Alternative Dispute Resolution of the American Bar Association. Kevin’s practice has been part of the Better Business Bureau of the City of Seattle for the last several years.
Kevin's family law practice focuses on:
- Child Support Issues
- Custody Disputes
- Dissolution
- Modifications
- Paternity
- Property Division
The answer is no. Child Support and visitation are two different things. The Court treats them as separate obligations. It is very important to comply with Court orders on both issues.
When is child support an issue that I need to be concerned about?
Any parent will have to deal with child support in a divorce, separation, or when a child is born out of wedlock. Depending on the circumstances a parent is obligated to provide support for a child until that child reaches the age of majority. In some jurisdictions and in some situations this obligation can continue through completion of the child’s college education. The amount of child support is determined by the financial situations of both parents and on the needs of the child. Every parent is obligated to pay child support unless that obligation is terminated as a result of adoption or death.
When is custody an issue I need to be aware of?
A parent will have to deal with custody issues in cases of separation, divorce, or when a child is born out of wedlock (Paternity Actions). Child custody only applies to minor children unless your child has special needs. The best approach is for the parents to attempt to establish an agreement between themselves. This recommendation is given as both parents have a right to be involved with their child’s life and they will both be raising the child together until at least the age of majority. Generally speaking children will remain living with the mother but of course certain facts and circumstances may change this.
I do not have a lot of money. Is it expensive to hire an attorney to represent me in Family Law matters?
My experience as an attorney is that careful pre-dissolution planning, and a willingness to enter into mediation to resolve any disputes between you and your spouse, that attorney’s fees can be kept to a minimum. It is also my experience that parties that have a “simple” dissolution, meaning those with no children, no real property, and no other debts or assets, that such individuals often do not need to hire an attorney. When you are dealing with issues of child support, property division, and residential issues, however, it is my recommendation that you at least educate yourself on the issues that you are going to face. A percentage of my practice is working with people who are already in the middle of divorce proceedings that they had tried to handle themselves, and they have gotten themselves into a bad situation. The money that you invest in hiring legal counsel will save you money in the long run and, in all likelihood, result in a fairer result in the dissolution action.
Practice Areas and Legal Definitions
Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.
Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.
Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.
A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.
Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.
Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.
The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.
Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.
These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.
Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.
There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.
Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.
While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.
Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.
Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.
If you or someone you know in Washington State needs the assistance of an experienced Seattle Family Lawyer, call Attorney Kevin Scudder today at 866-715-2846, or complete the contact form provided on this site to schedule your initial consultation.
Additional Questions or need further information?
