Avoiding Property Division Mistakes

Few things are more challenging than separating two lives in a divorce. A Washington couple who has been together for any length of time certainly has financial and legal matters in common, and the process of dissolving a marriage focuses on these entanglements. Spouses can take certain steps to make property division go more smoothly, especially if they are willing to compromise. However, there are also mistakes a spouse can make that may result in a post-divorce full of struggle.

Demonstrating to the court one’s joint and separate worth involves documentation and paperwork. A spouse who neglects to gather and organize the appropriate information may have difficulty obtaining a fair share of joint assets. This documentation includes all information related to bank accounts and investments, an accurate picture of the spouse’s income and papers describing property ownership and maintenance.

Understanding the tax ramifications of divorce is something many spouses overlook. For example, the laws related to alimony recently changed, and the sale of the family home may also have tax implications that must be considered for a fair division of assets. It is critical to know if tax penalties exist for withdrawing money from some retirement funds for the purpose of splitting the accounts.

Divorcing spouses in Washington must be careful to protect their credit by closing joint accounts. They can also find other ways to avoid overspending on a divorce by seeking alternatives to litigation, such as mediation. Seeking the advice of individual counsel can improve the chances of obtaining a full and fair share of assets during property division.

Making Parenting Plans Work in Difficult Situations

One of the most complex issues in any divorce is determining what will happen to the children and how custody will work. Child custody is an emotional and difficult subject, and it does not necessarily get easier simply because the divorce process is final. In fact, ongoing animosity between parents can make it difficult for those who have to co-parent and abide by the terms of parenting plans.

Co-parenting is not easy, especially when one parent is being difficult. However, there are certain steps a Washington parent can take to make this process work more smoothly and reduce the chance of the children experiencing upheaval. One thing that can help is to recognize that a parent cannot control everything, including how the other parent acts and responds.

It may also help to set emotional boundaries. This can mean waiting to respond, refusing to engage in petty arguments and sticking to the terms of the parenting plan as much as possible. If a parent is being aggressive, hostile and is refusing to stick to the terms of a custody plan, the other parent may have legal options available. It is prudent to carefully document the inappropriate behavior of the other parents.

Washington parents may not always find it easy to abide by the terms of parenting plans, but they do not have to navigate these difficult situations on their own. In some cases, it may be beneficial to seek legal help to resolve ongoing custody issues. A complete evaluation of the case can determine how a parent should proceed.

Common Reasons Why Couples Divorce

Couples in Washington may be encouraged to know that the rate of marriage breakups has fallen over the past few years. However, analysts continue to study the reasons why couples divorce. When asked about the factors that led to their divorce in a recent poll, 75 percent cited that one or the other spouse was not fully committed to the marriage. That lack of commitment may have contributed to the immediate causes of their breakups.

More than half of divorced couples admitted that infidelity and lack of communication eroded their relationships. While more couples are waiting until their late twenties or thirties to marry, those who marry younger may have a greater chance of divorce. Perhaps some of these couples could avoid serious conflict if they had more family support and counseling about how marriage works. In fact, many couples polled mentioned that they lacked conflict resolution skills that are essential to a successful marriage.

Personal issues like substance abuse and religious differences are also common factors in the high divorce rate. Domestic violence was a factor in nearly one quarter of the divorced individuals polled. This is not limited to physical abuse but also emotional abuse. Often, the abuse in a relationship went in cycles that escalated over time.

While each couple has its own difficulties, some find it more difficult to overcome the most common struggles, such as financial troubles and prolonged illness. When a Washington couple determines it is time to end the marriage, there are many factors to consider, including child custody and financial issues. Seeking the assistance of a family law attorney is often a wise step to obtaining a fair divorce settlement.

Washington Among the 10 Most Expensive States for Child Care

On Behalf of The Law Office of Stacy D. Heard, PLLC | Jan 30, 2019 | custody and support modifications

Raising kids can get very expensive. Among the costs that can get particularly high are those related to child care. This appears to especially be the case here in Washington state. That is what recent rankings suggest.

The rankings came from a recent CNBC article. The article contained a top 10 list for the most expensive states for child care, based on the costs of center-based care for infants and preschoolers.

Washington was on this list, coming in at No. 8. The article noted that the average annual cost of center-based care in the state is:

• $14,208 for infants
• $10,788 for four-year-olds

High child care costs can put significant financial strains on parents. This can particularly be the case for single parents. According to the article, this is how big of a portion of the median single parent income would be taken up by the average cost of center-based child care here in Washington:

• For infant care: Over half
• For four-year-old care: Around 40 percent

Single parents here in Washington can face financial challenges in meeting the various costs, including child care expenses, related to raising their children. Child support can be an important source of help for such parents in meeting these challenges. Given how big of a portion child care expenses can make up of the costs related to raising a child, it can be critical for such expenses to properly be taken into account in proceedings and negotiations related to the formation or adjustment of child support arrangements.

Miguel Cabrera Ordered To Pay Child Support And More

Many Washington married couples encounter relationship problems when one or the other spouse engages in an extramarital affair. Some situations result in divorce while other spouses decide to work out their problems and keep their marriages intact. That was the ultimate choice Major League Baseball first baseman Miguel Cabrera’s wife made after learning her husband had been unfaithful to her. While Cabrera was no doubt happy that his wife decided to stay married to him, his problems had only just begun because his ex-mistress decided to sue him for child support to provide for the two children she had during the affair.

The woman filed a paternity lawsuit against Cabrera and it proved that he was indeed the father of her two children. She requested $100,000 per month in child support from the man who is one of the highest paid professional baseball players in the nation. The woman’s attorney told the court that his client was just trying to protect her children’s interests as their father set them up in a particular lifestyle then pulled the rug out from underneath them when he decided to end the affair and stay with his current wife.

A long, drawn-out court battle ensued. Cabrera accused his ex-mistress of trying to extort money from him by threatening to go public with their affair. He said he was and always has been willing to pay child support for his children but reduced the amount of money he had been sending because he felt his children’s mother was simply trying to take financial advantage of the situation.

The judge overseeing the woman’s paternity lawsuit, however, ruled that Cabrera not only must pay $20,000 per month in child support, he also has to cover the cost of the million-dollar home he bought for his mistress at the time. In addition, he must also provide his children from his ex-mistress with regular perks similar to those he gives his kids that live with him and his wife, such as annual passes to a Disney theme park. An experienced Washington family law attorney can provide guidance and support to any concerned parent facing similarly complicated child support problems in this state.

Lessons To Learn From Jeff Bezos’ Divorce

Jeff Bezos, among others, would likely tell you that he wished he would have signed a prenuptial agreement. Bezos, the chairman and CEO of Amazon, recently announced that him and his wife, MacKenzie, were splitting after 25 years of marriage. Unfortunately, $137 billion dollars is now on the line and likely to be divided in half.

Because Amazon was started one year after the couple was married, CNBC reports that MacKenzie could be entitled to over $65 billion dollars. While a recent article suggests that she will likely not want to split the assets– so they continue growing– most divorcing spouses are not that amicable.

Whether you are getting married or have been married for years, you should consider signing a prenuptial or postnuptial agreement to protect your assets in the event of a divorce.

Prenuptial agreements

Prenuptial agreements no longer have the stigma they did in the past. In fact, CNBC found that more than half of divorce attorneys report to receiving more requests for prenuptial agreements in the past few years than ever before.

Americans are aware of how prevalent divorces have become. Sadly, many people have witnessed the devastating outcomes for couples who never signed a prenuptial agreement and were involved in a highly-contested divorce. While no engaged couple hopes to get divorced, prenuptial agreements can help protect your assets in the event you and your partner decide to part ways in the future.

Postnuptial agreements

Similarly, data suggests postnuptial agreements are also on the rise. A postnuptial agreement provides all the same protections associated with a prenuptial agreement, except a couple signs it after they are already married.

Both postnuptial and prenuptial agreements help determine which assets should remain separate and which assets to consider as “marital property” that can be divided. Unfortunately, for Jeff Bezos, all the assets from Amazon will be considered marital property because the couple never signed a prenuptial or postnuptial agreement after the company was started.

Divorces can be highly complex, especially if there are substantial assets involved. Consult with an experienced family law attorney to learn more about the benefits of a prenuptial or postnuptial agreement.

Understanding Community Property Division Laws In Washington

Divorcing couples are often concerned about the future. In addition to the many emotional components of a divorce, the very practical elements, such as post-divorce finances, may play a role in the level of confidence a spouse may feel about his or her decisions. While it is common for those who divorce to struggle for a time after losing each other’s income, this risk may be minimized if property division issues are handled correctly.

Washington laws consider nearly all assets a couple acquires during marriage to be community property. That includes both incomes, anything either spouse purchases with joint funds, and the interest or appreciation of investments or businesses. Without a prenuptial agreement, these and other assets will be split equally between the spouses during the property division phase of the divorce.

A spouse may claim as separate property any gifts he or she received individually during the marriage and any assets owned before the wedding. Community property also exempts inheritances that one spouse receives. However, if the spouse commingles any separate assets with community assets, such as using an inheritance to renovate a family home or depositing a monetary gift into a joint bank account, those assets become community property.

Even if a marriage lasts a short time, it may be difficult to determine which assets are individual and which are community property. When disputes arise, it may place one spouse at risk of losing his or her rights to certain assets. For the best chances of obtaining a fair and complete property division, many in Washington seek the experience of a family law attorney.

Bezos Divorce May Take A Preordained Path Agreed To By The Couple

The richest couple in the world are getting a divorce. They are residents of Washington state and after getting married 25 years ago, they launched a startup called Amazon. Jeff Bezos announced by a tweet on Jan. 9 that he and wife MacKenzie are getting a divorce but will remain a family and will always be “cherished friends.” They have four children.

The emphasis on remaining a family is a wise characterization that indicates continuity and, as such, will assist in minimizing the trauma to the children. Details on the custodial arrangements and financial support of any minor children were not revealed. With respect to property division, it is notable that Washington is a community property state, which means that all property acquired during the marriage is presumed to be owned on an equal basis.

Knowledgeable observers indicate that the couple does not have a prenuptial agreement. That may be considered a mistake from the husband’s perspective under these circumstances, but where a couple does not choose to have a prenup, that is their choice and not one that needs to be second-guessed. Generally, the prenup is an enforceable contract that protects the assets of the wealthier spouse from being open to claims by the less wealthy spouse. In this case, however, MacKenzie reportedly assisted Jeff in setting up and administering the growth of Amazon.

Under the divorce laws of the state of Washington, the preceding fact increases the equities in her favor and can only strengthen her claims for an equal division of the community property acquired during the marriage. If there is a settlement that attempts to bring about an equal division, that would make MacKenzie the world’s richest woman. However, in order to raise that amount of cash, Jeff would have to liquidate a great number of his shares of voting stock, thus exposing himself to being deposed as the leader of Amazon. It is more likely that the parties have agreed not to require it because they both will benefit from the continued growth of Amazon.  

The Importance Of Logistics In Co-parenting

Among the things that impact how co-parenting efforts go for parents after a divorce is how the various logistical details are handled. There are all kinds of such details a co-parenting relationship involves, such as scheduling and pickup issues.

These details can have impacts on the whole family. Also, if the right steps aren’t taken, logistics could end up being a flashpoint for disputes that could make having a strong and focused co-parenting relationship much more difficult.

Setting a road map

One thing that can help with making sure logistical issues are properly addressed in co-parenting efforts and reducing the chances of conflicts arising over such issues is setting clear expectations on how such issues will be handled moving forward. Such a road map can be set within a parenting plan in a divorce.

Adjusting to evolving needs

However, logistics are not simply a matter to be addressed in an initial parenting plan and then never closely looked at again. While all kinds of issues can be addressed in parenting plans, there is always the potential for issues not addressed in such a plan to arise. Also, circumstances can change quite a bit for families over time. Such shifting circumstances can lead to changes in the logistical needs connected to co-parenting.

So, it can be important for co-parents to have regular and open discussions with each other about the details related to the raising of their kids and the co-parenting relationship. This can enable parents to catch potential issues early and make changes to how these details are handled as needed.

Keeping things cordial and respectful in logistics discussions

When having these conversations, it can be important for parents to not let things that could unnecessarily trigger conflict to seep in. Anger and disrespect entering into the mix could quickly derail things. So, staying focused on what is best for the kids, how to best keep one’s temper in check and how to best work with one’s ex can be crucial when preparing for such discussions.

Creating Parenting Plans In Washington

One of the most stressful parts of a divorce for parents is making decisions related to the children. It is likely that both parents want what is best for their children, but the emotions of a divorce may cloud their ability to make wise choices. Ideally, Washington parents can arrive at parenting plans without the interference of the courts, but they must still obtain court approval for their plans to ensure their decisions are in the best interests of the children.

A parenting plan is more than just a schedule of which parent has the children when. It involves dividing parenting functions, or the authority to make decisions about the children, such as those related to education, financial support, building relationships with others and providing for their basic needs. In addition, a parenting plan includes agreements about how the parents will maintain parenting functions as the children grow, with as little reliance on the courts as possible.

Parents who negotiate a parenting plan and schedule can submit it to the court. If the court agrees that the plan works in the children’s best interests, it will likely approve the plan. In Washington, parents who cannot agree on a plan must try mediation. If mediation does not work, the parents will present their separate plans to the court, and a judge will choose one or order a new plan.

It is not easy to create workable parenting plans that can accommodate the growth and change in a family. In addition to seeking the best interests of the children, parents want to be sure their own rights are protected. To help them reach their goals, many Washington parents seek advice from a family law attorney who understands the nuances of parenting functions and can guide them in creating an effective plan.

Under What Circumstances Can Child Support Be Modified?

During a divorce, most parents negotiate which will have primary custody of their children. The other spouse usually provides financial support for the children. The amount of child support is determined by income, housing needs and the child’s financial needs.

Later, when one of the parents faces a life event such as the loss of a job or a serious injury, the monthly child support amount needs to be modified.

How to modify child support

In Washington state, how you change the amount you pay in child support depends on whether the amount was determined by an administrative order or by a court order.

If your child support was determined through a Notice of Finding of Financial Responsibility by the state Division of Child Support (DCS), then you must fill out a form – the Petition for Modification-Administrative Order, or 9-208b.

This petition includes the meat of the matter: why you think the amount should be changed and what you think the amount should be. Once the form is received by the DCS and if all parties agree, then the amount will be modified. If all parties don’t agree, then there will be a telephone hearing to decide if the amount should be modified.

If your child support was determined by the court, then your request must go through the county prosecutor’s office along with several forms and data:

• A Child Support Order Review, or form 9-741
• A Confidential Information form
• A Financial Declaration form
• The Washington State Child Support Schedule, commonly referred to as “the worksheets”
• Your most recent paystubs
• Your most recent tax returns
• Other financial documents the court needs

If the DCS decides the case should go forward, a prosecutor will guide the case through the legal system.

In other states, the amount you owe for child support doesn’t change until a judge in the same court where your divorce was adjudicated signs off on the new amount.

Don’t stop or change your payments too soon

Even if your spouse verbally agrees to a change in the amount, you are responsible for paying the previous amount until the change is official. Failure to pay the full amount leads to penalties such as interest and garnishment of wages.

Some child support amounts change automatically when a divorce calls for adjustments based on a cost-of-living adjustment.

Remember, the court will always consider the needs of the child above the needs of the parents when determining a child support amount.

Protecting The Parent Relationship After A Divorce

No parent enters a marriage or has a child believing the relationship will end in divorce. But divorce is still a frequent occurrence in Washington and around the country. When children are involved the impact on them can be devastating and frequently the parent’s first concern is to minimize that negative impact. There are things parents can do to minimize the trauma of the divorce.

The first of these is to ensure that both parents spend significant amounts of time with the children. Children do best when they have as close to equal time with both parents as possible. To facilitate this parents should try and remain in close proximity to each other. This increases the feelings of stability for the child and decreases the likelihood of having to give up after school activities or other things the child enjoys which could possibly breed resentment.

Another important aspect of life going forward is the need to remain positive regarding one’s children in both words and actions. Children need to understand that they in no way caused the family to break up and that they are equally loved by both parents. Snide comments, fighting in front of children and disrespecting the other parent to the child can all have a significant negative impact on a child’s sense of well-being.

Divorce is difficult and the desire to protect one’s children as best as possible can be strong. A person in Washington who is considering divorce may benefit from discussing possible options with an experienced family law attorney. A knowledgeable attorney can look at the family situation and help one arrive at a fair and comprehensive settlement.