Seattle Divorce Lawyers Blog
8Apr/150

Child Support in Arrears in Washington

child-support-arrearsIf you owe more than $2,500 in back child support, you are ineligible to receive a US passport. This requirement can cause a tricky predicament for fathers that are required to travel internationally for their jobs.

During a recent appearance on Life Coach with Danny Bonaduce, a caller from Olympia wondered if he needed to pay all back child support before he could obtain a passport for work. His job requires international travel and he needed advice about what his options might be.

Rick informed the caller that the first step is to contact the Support Enforcement and explain that his income and future ability to pay the child support is dependent on having a passport.  Additionally, having a statement or declaration from his employer that outlines the necessity of a passport as a requirement of his job would be helpful.

Rick goes on to explain that the support enforcement office may ask to have the caller sign a waiver of the statute of limitations.  Signing a waiver of the statute of limitations allows the support enforcement office to continue to collect back child support indefinitely.

Check out the video below to hear all of Rick’s advice. If you have questions about back child support or any other family law issue, please give us a call. Our managing attorney, Ken Alan,  is always happy to answer your questions at no charge and no obligation.

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9Mar/150

March Madness: Goldberg Jone Bracket Challenge

march-madness-prize

Who’s on Fire? Who is going to razzle-dazzle this tournament and take home the NCAA National Championship Trophy? With the Journey to the Tourney reaching its end, it is time to start predicting the teams that will duel it out to the end. However, the competition is not limited to the court—Goldberg Jones will be holding its annual Bracket Challenge.

Think your bracket has the best spread? Then take the Group ID: 21981 and fill out the bracket at tournament.fantasysports.yahoo.com. Prove that your intuition and knowledge for the game and stats will prosper.  You can begin filling it out starting March 17th and ending March 21st. The dominating bracket will win a $250 Amazon Gift Card; that’s just money in your pocket.

Similar to last year, the Bracket Challenge is a winner-takes-all event. So start crafting your bracket ASAP to ensure total domination. To keep up with the action; make sure to follow our Twitter and give us a “like” on Facebook. It will be absolute madness and there is no reason to miss out.

Be part of the action and join us in the most exhilarating tournament that keeps your eyes locked on the TV and internet statistics. Get your gear on, check the stats, craft your bracket, save your seat and let the tourney unfold.

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26Feb/150

Child Support Accountability

child-support-accountability

Anyone who writes a monthly check to cover a recurring payment  expects  to know where their money is going and if it is being used as intended. But what about child support payments?

Child support is a tool to ensure the child(ren) are entitled to a similar financial security and lifestyle as they had previous to a divorce. These numbers are drawn up by splitting the income in half as if in one household, from there the support is calculated equitably.

Maintaining “a similar lifestyle” after divorce can be difficult. When a household is divided by the dissolution of a marriage, the separate households must continue to provide for the child(ren). While the collective income of both households is a key factor in calculating support, the expenses of both homes are not taken into account.  The result is two households trying to function on the same income as the single household that existed during the marriage.

Is showing accountability of the payments a requirement in the child support settlement?

It is important to mention that the money paid for child support can be spent as the custodial parent sees fit. This means, in most cases, the custodial parent is not required to provide an accounting of how they spend the support money from the noncustodial parent.

Only rarely, on specific occasions, will the child support recipient be required to provide detailed reports on how support payments were allocated to cover specific expenses. These exceptions are made (very seldom) for: child care expenses, unreimbursed medical costs, extracurricular activities, and for children with special needs.

Keeping Track

It is imperative that all support payments are documented and made through the appropriate channels. Too often men try to be accommodating and make arrangements that are not outlined in the support order. Without proper documentation and acknowledgement by the court, these “side deals” can quickly turn out to be a sticky situation where dad is required to pay back support due to there being no record of the payments he had been making on time.

If you find yourself in this type of dilemma or are in the midst of a separation or custody case it important to understand all your rights as they pertain to your unique situation.  Knowing your rights will help ensure you are paying, or receiving, the appropriate amount—and your child(ren)’s well-being is paramount.

 

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22Dec/140

8 Ways to Help With the Holiday Blues During a Divorce

divorce during the holidays

credit: russavia

 

Thanksgiving, Christmas, Hanukkah, New Years— the holidays are expected to be filled with the utmost merriment. However, when dealing with a divorce or separation, some families are unable to share in the festivities. Traditions and gatherings become so common within families that when change occurs, it is difficult for not only the parents, but the children as well to adapt.

Even with the challenges that divorce and change can bring, there are ways to get through the holiday blues.

  1. Do not feel discouraged, your child needs you to keep the positive light in the house while still being real about the situation. There is no need to pretend that everything is just fine, it is okay to be honest about it all, but reassure them that it will all be okay in the end and to still smile because there is still love filling the home.
  1.  Plan accordingly with the other parent if they want a day for Christmas. If there are children involved you want to be sure they see both sides. Children begin to feel forgotten or to blame if they do not see the other parents. Try to get all other holiday shopping, family visits and legal meetings all on a schedule that works best for you and the child. It is not easy to juggle all the holiday madness. Plan ahead, but also leave some meditation and relaxation for yourself. It is easy to get caught up in the madness so always set aside some time for yourself.
  1. Continue to be social even if it is with family. Family and friends are there for the support you need, you cannot do this alone. Get out and enjoy some part of the holidays. Spending time with friends can clear your head and provide a good distraction. If questions arise in these group meetings and you do not want to discuss them then just simply state to them that that is not a topic you wish to discuss at that time.
  1. Let your traditions evolve. There is no reason to abandon your favorite parts of the holidays because your circumstances have changed. Finding new a creative ways to carry on holiday traditions can build new meanings and memories.
  1. Stay active. Physical activity has been shown to boost energy levels and moods.  It can also be a great tool for managing stress, and during the holidays it can counteract the extra calories from eggnog, cookies, and the inevitable big meals.
  1. Giving back to others can remind your children that this is still the time of giving thanks by also giving back to your community. Whether it is just donating towards a food drive, or lending a helping hand at the homeless shelter. Contributing and bringing meaning of the holidays to others can help heal some of the raw emotions that come with divorce.
  1. Showing respect towards your ex during this time will help things  operate more smoothly for you and the children. Anger, frustration, and denial are all feelings that are common during this time, but it is wise to keep a positive relationship for the children.
  1.  In the end, be honest that things are not the same as they were, but that does not mean things cannot get better. There is so much to live for and so many more days in our lives that we cannot let these days bring us down and shape our whole being. Keeping the positivity and hope that they are still family and there is still love will help the children cope with what is to come and possibly be more accepting.

There are new tales to be told and new ventures to seek so do not get caught up in the holiday blues. They will pass with time, but stay together and be there for one another. Do not let anger or frustrations come out and bring negativity to the household, merriment should still fill the air because there is still each other to be thankful for.

 

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19Nov/140

How Child Support is Calculated in Washington

child support calculation

credit: Vox Efx

 

Going through a separation, divorce, or custody dispute is stressful; trying to reach agreements of  support and custody can add to that stress.  Parenting plans and support arrangements are a complex area of law and a plethora of issues can arise when trying to reach a resolution. One facet of child custody that garners a lot of questions is: “ How is child support calculated in Washington State?’

Before tackling how support payments are calculated it is important to cover what child support is. Child support is money paid by one parent to  another parent that provides financial support to meet the needs of the child’s living expenses and to cover the cost of care.

In Washington State support payments are calculated using a specific formula. The income of both parties is factored and a calculation produces an amount that each party (parent) is responsible to contribute. Support payments are made on a monthly basis.

The Washington State Support Schedule provides the standard  basis for calculation. Through this, the court is able to take the information and the calculated income of both parties and evaluate it with the number of children as well as their ages.

A parent has a legal obligation to financially support to their children up to the age of 18 (and in some cases beyond).  The age of the child is a relevant factor in the support calculation. After age 12 support may be modified to accommodate  increased expenses during preteen and teenage years. During this time, there are often more requests by the child, but also more expenses arise as the child grows older.

Both gross income and net income are taken into account for the calculation. Gross income is the total made before tax deductions—but the support amount is ultimately based on your net income.

In cases where a parent is suffering financial hardship and cannot make the support payment, the court may provide recourse to accommodate the circumstance.  The most common reasons recognized by the courts include a loss of a job or significant change in financial circumstances stemming from factors outside the parent’s control. In these situations the court will require documentation that proves unemployment. If documentation is not provided the court will default to the assumption that you are working full-time and making an adequate net income to provide for the child/children.

The court will expect that the party take the initiative to find another job to keep up with the obligation. No matter what status a parent may fall into, the court will order that the basic support still be paid, unless the parent is viewed by the court as making a dreadfully low salary and cannot even afford the basic support; then the court will order that the parent pay minimum payment of  fifty dollars for each child.

In many situation the support obligation ends when the child turns 18 or graduates high school—which ever occurs later. In some circumstances post-secondary support can be awarded. This is financial support that continues after a child turns eighteen or has graduated high school,  and is used as a tool to share the financial burden of post-secondary education. Generally, the petition for post-secondary support must be filed prior to the child turning 18 or graduating from high school.

Jurisdiction is an important factor in custody cases. Generally speaking jurisdiction is determined by the child’s state of residence. For example: Washington’s laws apply in out-of-state separation case as long as the child still resides in Washington.

Divorce and separation are never an easy pill to swallow, but with careful consideration and effort, an amicable solution is possible. Frustration is a common byproduct, but remaining committed to acting in the best interest of the child is imperative. If you have questions regarding child support, custody or parenting plans, please give us a call. We are happy to answer questions regarding your unique situation over the phone at no charge and no obligation. (206) 448-1010

 

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