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My spouse and I are separated or thinking about divorcing.
How should I proceed?
How old does my child have to be before he or she can
choose which parent to reside with?
If my former spouse is not paying child support, can
I deny him or her visitation with the kids?
My former spouse and I don't always agree regarding
the children. Should I take legal action?
Who may obtain a divorce or legal separation in Washington?
How is child support determined in the State of Washington?
May an unmarried mother legally force the father of
her baby to support the child?
My spouse and I
are separated or thinking about divorcing. How should
I proceed?
You consult an experienced divorce attorney who will
represent your best interests during a very difficult
time. Don't wait too long to seek legal advice. It is
important to protect your rights regarding your children
and your interest in the community property assets in
your marriage, such as the family home. Legal separation
or divorce need not be devastating if an experienced
attorney assists you in the divorce and represents your
rights.
- Legal Separation
- Dissolution of Marriage
- Transfer of Assets
- Estate Planning After a Divorce
How old does my child have to be before he or she can
choose which parent to reside with?
Under the current law, there is no provision which sets
forth a specific age at which a minor child is allowed
to choose where he or she will reside, however, generally
speaking, the older and more mature a child is, the more
the courts consider the child's desires.
In ordering a permanent parenting plan for the children
of a marriage, among a long list of other factors, RCW
26.09.187(3)(a)(vi) requires the court to consider "the
wishes of a child who is sufficiently mature to express
reasoned and independent preferences as to his or her
residential schedule ...".
When considering the desires of a child, the law does
not specify an age, and the child's preference is not
a controlling factor. The child's preference is considered
along with the many other statutory factors, however,
the older and more mature he or she is, the more significant
the factor becomes.
If my former spouse is not paying child support, can
I deny him or her visitation with the kids?
In a word, NO!
RCW
26.09.160(1) expressly provides that "[a]n attempt
by a parent to condition ... payment of child support
upon an aspect of the parenting plan ... shall be deemed
bad faith and shall be punished by the court by holding
the party in contempt ...".
The law is clear here;
a parent's and child's right to see one another is
entirely independent of that parent's duty to pay support.
HOWEVER, failure to pay support per a court order provides
grounds for the court to find the nonpaying parent in
contempt which often will result in support payments
starting up again.
My former spouse and I don't always agree regarding
the children. Should I take legal action?
Children's needs change and the orders entered at the
time of divorce may no longer meet the children's best
interests. A parent should evaluate whether to seek modification
of the arrangements. Also, at least yearly, a parent
should evaluate whether child support should be adjusted
because of changes in circumstances or in the parents'
incomes. Parenting plans should reflect the best schedule
for the children's activities, interests, schools and
location. A Marsh, Higgins, Beaty and Hatch, P.C. attorney
will represent your interests and help to make living
with divorce easier for your children.
* Custody & Visitation Issues
* Child Support Modifications
* Non-parental Actions
* Adoption & Paternity
Who may obtain a divorce or legal separation in Washington?
Washington statute RCW 26.09.030 states: “When
a party who (1) is a resident of this state, or (2) is
a member of the armed forces and is stationed in this
state, or (3) is married to a party who is a resident
of this state or who is a member of the armed forces
and is stationed in this state, petitions for a dissolution
of marriage, and alleges that the marriage is irretrievably
broken and when ninety days have elapsed since the petition
was filed and from the date when service of summons was
made upon the respondent or the first publication of
summons was made, the court shall proceed as follows:
(1) If the other party joins in the petition or does
not deny that the marriage is irretrievably broken,
the court shall enter a decree of dissolution….
(4) If the petitioner requests the court to decree
legal separation in lieu of dissolution, the court
shall enter the decree in that form unless the other
party objects and petitions for a decree of dissolution
or declaration of invalidity.”
How is child support determined in the State of Washington?
The net monthly income of each parent is determined in
accordance with standards set forth in the Washington
State Child Support Schedule; each parent's proportionate
share of the combined net income is determined; credits
are allowed for health care expenses, day care expenses
and certain other expenses; and then a net support
support obligation is determined from an economic table.
You may access forms on the Internet at http://www.courts.wa.gov/forms.
However, it is suggested that you contact a Marsh,
Higgins, Beaty & Hatch, P.C. attorney for assistance
in completing the forms.
May an unmarried mother legally
force the father of her baby to support the child?
Yes.
Both parents, married or not, have a duty to support
the child. If the father admits paternity, the mother
should have him sign a statement to that effect. Then,
if necessary, it will be easier to force the father to
help support the child. If he does not admit to being
the father, the mother may file a paternity suit against
him. If this civil action succeeds, the court will require
the father to provide support. Sometimes the court will
also require the father to pay for the mother's pregnancy
and childbirth expenses.
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