What law controls?

Although the military is a federal body, Washington State law controls the legal issues concerning your divorce. That means each state is different on how the law applies to a divorce. It is important to assure that Washington State has proper jurisdiction over your case. Jurisdiction is the ability of a court to issue decision is your case and make rulings with respect to your marriage, assets, children, and child support. Generally, if you and your children have lived in this state, jurisdiction will not be an issue.

What if the service member is overseas?

When the service member is overseas and you want to start a divorce, the process may take a little longer because the service member has certain protections while he or she is serving the country overseas. The law gives the service member the opportunity to delay the proceedings because he or she is out of the country and cannot effectively litigate the divorce in this state. If the servicemen is in this state, on one of the military bases, your case can likely proceed on time.

Am I entitled to a portion of his/her military retirement?

Yes. Your service member’s military retirement, which often includes a pension and thrift savings plan (similar to a 401k) is community property if the funds were accrued during the marriage. Like all community property in Washington State, that does not necessarily mean a 50/50 split. State law allows the asset to be divided as the judge or court believes fair. For example, a stay at home wife might argue she is entitled to 60% of the community portion of the retirement accounts because her long term earning potential is less than the husband’s earning power. Certain special rules apply to dividing a military pension. A pension is an asset that is paid out on retirement in a defined amount, and in the case of the military, is based on years of service and the rank the service member obtained. In the case of a service member, he or she must generally do 20 years of service in the military to qualify for the pension (another term is the pension “vests”). If you, as the spouse, have a certain number of overlapping years of marriage with service member’s time in the military, you have the option upon divorce of receiving direct payments from the military once the retirement account activates.

Can I stay on the service member’s health care after the divorce?

You can in some cases. The military’s health care system is called TRICARE. It is a good health care system and cheap. It is beneficial to stay on the plan if possible. Generally, you need to have been married to the service member for 20 years which overlap with 20 years of service for the service member. Even after divorce, you can stay on TRICARE in this scenario. If you do not have the 20 years, then you will generally have to obtain your own insurance after divorce (there is a short time where you can stay on TRICARE after the divorce but will have to pay premiums). Your children are eligible to stay on TRICARE as long as the service member is eligible.

What about child support?

When a divorce is filed, most of the time one parent will be required to pay the other a monthly fee to help support the children. Other expenses can be sought as well, including daycare and medical costs. Child support is controlled by state law. There are certain guidelines that the military may advise the service member on how much he or she has to pay – but those guidelines can be completely ignored by a judge and court in this state. The Division of Child Support can work with the military to garnish military pay in some circumstances. This means the child support will be paid prior to the service member receiving his or her pay. In calculating income for purposes of child support, one must be careful to include certain benefits. Many service members receive bonus housing pay and food pay. This counts as income for purposes of calculating the proper child support amount. Other bonuses might include hazard pay (when the service member is in a danger zone).

What about a parenting plan?

When you file a divorce, a parenting plan will be required. A parenting plan sets out the dates and times when each parent has the child or children. Washington law and judges determine which parent will have the children, on what dates and times.

Contact an attorney.

Divorces involving military issues are typically more complex than other divorces. Contact a Renton Attorney or Beetham Tran Law Firm, PLLC to assist you with your divorce.

Does the rule only apply to divorces?

No. There are many other areas of laws where jurisdiction can be established by the long-arm statute. However, for purposes of this article, we are only speaking of divorces.

What circumstances can the Courts help me? How does the Judge determine whether it has "jurisdiction" over my spouse for the divorce?

Generally, a court will have jurisdiction over the divorce if you and your spouse were living in a marital relationship within Washington even though your spouse made a subsequent departure from Washington so long as the person who filed the divorce has continued to reside in Washington or has continued to be a member of the armed forces stationed in this state.

What does "living in a marital relationship mean" for purposes of jurisdiction?

Recently, our high courts made a distinction between "living in Washington in a marital relationship" and actual residency/domicile in this state. RCW 4.28.185(1)(f), extends Washington jurisdiction to "any person who meet certain criteria, whether or not a citizen or resident of this state.” Whereas the petitioning party (who files for the divorce) must be a resident, the court found the respondent (the party who did not file the divorce) does not necessarily have to be a resident of this state in order for our courts to have jurisdiction over the case. For instance, the court noted that "long-distance" relationships are common and should not prohibit a spouse who lives in this state from divorcing a spouse who they have a long-distance relationship with in another state.

So how does the court determine whether I can file a divorce in this state over my spouse who lives in another state?

Though certain legal standards in RCW 4.28.185 and constitutional tests must be satisfied, the courts essentially make the determination on a case-by-case basis looking at the individual facts of each matter. The importance of the recent court case is that actual residence/domicile is not required for a responding party (the one who does not file the divorce). The courts look to the type of contact the responding party has had in Washington. For instance, did the spouse previously live in Washington but later moved? Does he/she own property here? Does he/she engage in any business in Washington? Does he/she vacation in Washington? Receive medical care in Washington?

In summary?

The judge’s determination of whether Washington Courts have jurisdiction over your spouse (a spouse who does not live in Washington) will turn on specific facts. However, there is no strict requirement your spouse resides in Washington for you to proceed in Washington Courts for your divorce.

Is child support only awarded in cases where the parents were married?

There is no requirement that you were ever married to the person who owes you child support. Child support can be awarded in cases where the parents were married, or were never married but had children together, or where there is some other legal relationship between an adult and child which causes there to be a duty of support. For instance, where a child was adopted.

I have an order which requires payment of child support, but he/she is not paying? What next?

One method of enforcing child support is to file a petition or motion (a request) with the court. You must file the documents in the correct court. Generally, this will be the court where the children reside or where the parents reside. However, there may be exceptions. Contact a lawyer to determine where your case should proceed. This is often a complicated process and requires filing, serving, and providing the Judge specific documents.

Does the State ever enforce child support?

Yes, the State of Washington often enforces child support. The state will also initiate proceedings to collect child support even when neither parent has asked that child support be collected. This most commonly occurs when a child is placed on state benefits, such as state medical, food stamps, or temporary assistance for needy families (TANF). Many times, the state will seek to collect money from the parent who is not the primary custodial parent of the child in order to help assist the state with the costs of the child.

What happens if the other parent continues to refuse to pay child support, even after going to court? What remedies are available?

The parent seeking the child support has the option of bringing a contempt motion against the non-paying party. The parent who did not pay must show to the Judge that they lacked the resources to comply with the court order for child support, otherwise, that person may be held in contempt of court. A result of the contempt hearing, and other remedies, include monetary penalties placed against the parent who refused to pay, wages garnishment (meaning money is taken out of his/her paycheck), liens placed against his/her property, the non-payor may even be sent to jail in certain circumstances. Even if the parent is found not to be contempt, in most all cases, he or she will still owe the child support payment and any back support that is due. Contempt proceedings are sometimes difficult and an attorney may be able to assist you with going to court on this issue. There are other remedies to collect child support aside from a contempt proceeding. Speak with an attorney about your options.

I have a child support order from another state, is it enforceable in Washington?

Yes, in certain situations. RCW 26.21A (The Uniform Interstate Family Support Act) allows you to enforce your child support order from another state in the Superior Courts of Washington State. The Department of Social and Health Services may also assist in child support matters in certain circumstances. Contact an attorney in your area to learn how to enforce the child support order from another jurisdiction. The enforcement methods identified in this article may also apply to enforcing an out of state child support order.

Am I, or someone I know, in a committed intimate relationship?

To determine whether a committed intimate relationship exists, a Judge analyzes five non-exclusive factors: (1) the purpose of the relationship; (2) the pooling of resources and services for joint projects; (3) the intent of the parties; (4) the degree of continuous cohabitation; and (5) the duration of the relationship. Whether a relationship is properly characterized as committed and intimate depends on the facts of each case.

What facts does the judge look for in the five factors?

For the first factor, a judge is attempting to determine the purpose of a relationship, the judge will look for the purpose of this relationship being for emotional support, mutual companionship, friendship, physical affection, or even to raise children together. Facts that help hare engaging in recreational activities together and doing the "day to day" activities that married couples engage in, such as dining together, sleeping in the same bed, caring for one another when sick or ill, discussing retirement together, and telling each other you love one another. For the second factor, the judge attempts to determine if the parties jointly invested their time, effort, or financial resources in an asset to justify the equitable division of the property acquired during the course of their relationship." For instance, a house would be a joint asset of a CIR if the parties were pooling resources, jointly managed the house, joint renovations where made, there was a joint down payment on home, and utility and household expenses were shared. For the third factor, the judge is trying to determine if the parties intended to be in a CIR. Generally, whether the parties held themselves out to the community as a married couple. For the fourth factor, the courts want proof there was continuous cohabitation, similar to a married couple. And finally, for the fifth factor, there must be duration and length to the relationship. There is no definite time length, and the court will evaluate each case individually.

What happens if I am in a committed intimate relationship, which ends?

If a Judge has determined there is a committed intimate relationship, a Judge must: (1) evaluate the interest each party has in the property acquired during the relationship, and (2) make a just and equitable distribution of the property. The focus is on property that would have been characterized as community property had the parties been married.

What is done with my assets and debts acquired during a committed intimate relationship?

Property acquired during a committed intimate relationship creates a rebuttable presumption that it belongs to both parties. A judge may look to the dissolution statute, RCW 26.09.080, for guidance in fairly and equitably distributing the property acquired during a committed intimate relationship.

What about assets and debts acquired before, or after, the committed intimate relationship?

Only property acquired during the relationship is before the court for just and equitable distribution in a committed intimate relationship. A trial court should not consider the property that each party owned before the relationship or the property that would have been characterized as separate property had the couple been married. And similarly, property acquired after separation is not subject to equitable division.

Title to the asset, like our house, is in the other person's name, does that matter in a committed intimate relationship?

The fact that title is in the name of one of the parties does not, in itself, rebut the presumption of common ownership. In addition, income acquired during the relationship should be characterized in a similar manner as income and property acquired during marriage.

My labor and efforts increased an asset of the other person, can I be reimbursed?

Yes. The court has the power to reimburse a party for increases in value to the other parties' separate property in a CIR. "If the court is persuaded by direct and positive evidence that the increase in value of separate property is attributable to community labor or funds, the community may be equitably entitled to reimbursement for the contributions that caused the increase in value." In re the Meretricious Relationship of Long and Fregeau, 158, Wn. App. 919, 222 (2010).

What if I was married, but never divorced my prior spouse, could I be in a committed intimate relationship with a new person?

Yes, if you satisfy the legal tests stated above. Our Supreme Court has determined the existence of a CIR is not dependent on the legality of the relationship between two parties. Vasquez v. Hawthorne (Vasquez II), 145 Wn.2d 103, 107 (2001). That means it is possible to still be legally married and have a committed intimate relationship with a new person. However, there must be proof that your marriage has been defunct, meaning you have separated and facts support that your marriage is all but legally over.

Can I, or my spouse, change the parenting plan?

Yes. But there are certain legal standards that must be met and acknowledged by a court/judge. Major modification of a parenting plan is a two-step process. First, the moving party (in this context "moving party" means the parent who is asking the Judge for a change in the parenting plan) must show the court they have "adequate cause" to change the parenting plan. Generally, this means the parent requesting the parenting plan be changed has to provide a written declaration or affidavit showing facts which, if proven, would form the legal basis for a judge to change the parenting plan. This written statement must be accompanied by a motion to the court. There are different rules in courtrooms across the state pertaining to the exact procedures and rules to obtain a hearing on adequate cause and an attorney should be contacted in order to assist you in starting your case.

What happens after a judge finds adequate cause?

If adequate cause is found, that means a Judge has made a legal determination that you may move forward for a full hearing on custodial arrangements for the child. It is important to know that just because a judge has found adequate cause to move forward on your case, does not mean your parenting plan has changed. Instead, a full hearing will be required and in some counties, a trial date will be set for as much as one year out. Temporary orders are available to address residential arrangements between the time of filing your petition for modification and a trial date. Consult a Renton Attorney one in your area to discuss the legal requirements of adequate cause.

What does a Judge consider to determine if I can change the parenting plan?

Under 26.09.260 Revised Code of Washington, a court may not make a major modification to a parenting plan unless a substantial change has occurred in the circumstances of the child or the nonmoving party and the modification is necessary to serve the best interests of the child. In addition, the law provides that in applying these standards, the parenting plan shall stay the same unless: (a) the parents agree to the modification, (b) the child has been integrated into the petitioner's family with the consent of the other parent, (c) the child's present environment is detrimental, or (d) the court has found the nonmoving parent in contempt of court.

What do I need to do to show the Judge the parenting plan should be changed?

Modifying a parenting plan is legally complex, as Judge's favor continuity in the child's life. If you are considering seeking a change in the residential arrangements of your child, you should identify facts which occurred since the date your last parenting plan was entered which meet the legal standard identified in the previous paragraph. Generally, Judges will not consider facts known to you prior to the time when your parenting plan was entered. It is also important to remember that your allegations for a major modification must relate to the life of the child or of the primary custodial parent – changes in your own life do not form the legal basis for attempting to modify the parenting plan.

Will the modification change child support?

If the primary custodial home of the child is changed, then your child support will likely change too. Generally, if you were the parent receiving child support when you have the child the majority of the time, and now the court has ordered your ex-spouse to have the child the majority of the time, instead of receiving child support, you will now be paying child support. The opposite is true as well, if you used to pay child support when your ex-spouse had the child (or the other parent to the child when you never married) the majority of the time, and now the court ordered you to have the child the majority of the time, you will now be the person receiving child support. Contact a Renton Lawyer or lawyer in your area to discuss how child support is affected by a change in the parenting plan.

What part of the child support order can the court change?

You can seek to change the "transfer payment", meaning the money that you send or receive as child support each month (note, the same is true if DCS/DSHS administer your support payments). In addition, your modification is not limited to only the transfer payments, you can also seek to modify other provisions of your child support order, such as how the income tax exemptions were awarded or special expenses not considered at the time the original child support order was entered, such as certain medical expenses (like braces) or special expenses (daycare or certain activities for the children).

Why would I want to change child support?

The answer varies greatly according to your individual circumstances. Some people might seek a change in child support because they lost their job and have no income (despite his or her best efforts to try and find a new job). Others might seek a change in child support because their children are growing older (the amount of child support should increase for children after the age of 12). Other reasons exist for changing the child support payment: the child support payment may go up or down based on an agreement of the parties, or the other parent has a new husband or wife in the household; or perhaps one parent has a new job that pays them a much higher income than they earned when the child support order was entered. Contact a lawyer to discuss these issues, as different time periods and legal standards differ according to the factual basis by which you seek to change your child support payment.

When will the change occur?

The very earliest the change in child support will occur will be on the date you file a petition for modification of child support. The change will take place retroactively, once the judge allows each party to be heard and produce documentation to support his or her proposed change in the child support payment. Washington law is particular on how to initiate a petition for modification of child support. Also, each county has specific local rules on the process for changing your child support order. Contact a lawyer in your area, or one who is familiar with your county's court rules, to help you modify the child support.

Can I request the other parent to pay for my child's college or university?

Yes, Washington law allows one parent to seek financial assistance from the other parent for a child's college expenses. There must be a child support order in place and the parent seeking assistance must file a petition with the court before the existing child support order terminates. The parent should contact an attorney to address the issue as it is complicated. Additionally, a child support order will lose jurisdiction to seek this type of child support if not timely exercised. This means, if the parent does not seek financial assistance from the other parent for college (or university) expenses in a timely manner, the parent will lose the right and be prohibited from seeking assistance. In determining whether to have the other parent pay for college expenses, the court will consider a number of factors, including the financial resources of the parents, how much the child needs, how much the parent is seeking, and the parents own level of education and whether college was always an expectation of the parents in raising the children. These are only a few of the factors a judge would consider, and an attorney may be consulted for further explanation of your rights.

What is a "minor modification"...?

Minor modifications can include: changes in the days you have visitation with your child (for instance, changing a weekend schedule, vacation schedule, or holiday schedule), changes in the transportation arrangements between you and your former spouse, and in some circumstances, you can seek more residential time with your children, up to 90 more days per year than in your current parenting plan. In addition, if you had "conditions" placed on you in the original parenting plan, for instance, completion of a substance abuse class or domestic violence program, you can seek to notify the court that you have completed those classes and are now entitled to more time with your child or children.

What is the difference between a "major" and "minor" modification?

Generally, the distinction lies in the amount of time you are seeking to have with your child or children. The legal standards applied to small changes in the parenting plan are different, and less burdensome, from those that apply when you seek to change "primary custody" of your child or children. In effect, if your former spouse has your child the majority of the time, and you are now seeking to have the child the majority of the time, that is called a "major modification" and is the topic of another article.

What legal standard will the court apply to a "minor" modification?

The Judge will require that the moving parent (meaning the parent who wants the change in the parenting plan) to show a "substantial change of circumstances" which justifies the change in the parenting plan. This change of circumstances can be in the lives of either parent or the child. The change should generally have been one that occurred after your parenting plan was entered. For a minor modification, you do not need to show the judge that your former spouse agrees to the change or that there is any sort of detriment to the child in your former spouse's home. These types of facts are required for a "major modification" of the parenting plan. Importantly, for those person's serving in the military, special rules apply and a lawyer should be consulted to discuss your situation.

The amount of time you seek to change with your child is legally significant in a minor modification.

If the change to the parenting plan you are seeking is more time with your child, but your proposal still has the child primarily with your former spouse, the amount of time you are seeking is important from a legal standpoint. The judge will apply a different standard based on the amount of time you are seeking with your child. For instance, if your new proposed parenting plan results in 24 full days or less of more time with you, the law will be different than if you are seeking anywhere from 25 to 90 additional days with your child. Please consult an attorney to discuss these differences.

Why would I need a minor modification?

A minor modification can be used to accommodate a change in your life, your former spouse's life, or the child's life. For instance, if you had a job that used to be Monday through Friday, and you have your child or children on the weekend, you might need to change your parenting plan if your job changed and you now work weekends. A minor modification can help you change your visitation days to a time where you can spend more time with your child. There are other circumstances where a minor modification can help you, please consult an attorney to discuss your options.

About how long will this take?

When you seek to change your parenting plan, you are limited to a certain county you can file your case in. This is called "jurisdiction" over your case. Courtroom procedures differ according to the county you live in. Many lawyers are familiar with the procedures in different counties, and you should contact a lawyer to discuss how long a minor modification will take in the county where your minor modification will occur.

Who can marry in Washington?

Washington's law tells its citizens who may enter a marriage and who may not. In Washington, a person must be 18 years of age or older and capable of entering the civil marriage contract. In some circumstances, a person may marry another when they are under age 18; however, that person must get permission from a Superior Court Judge. For instance, the marriage may be allowed by the Judge where the woman is pregnant.

What do I need to do before I get married?

If two people wish to marry, they should procure a marriage license from the county auditor. Failure to do so may be punishable by law but lack of a license will not invalidate the marriage. The couple must arrange for the marriage to be solemnized by specific individuals, which may include a judge or ordained minister of any religion. At least people must witness the couple declare that they take each other as husband and wife. For a full list of those who may solemnize, see 26.04.050 Revised Code of Washington.

Can same-sex couples marry in Washington State?

The current law in Washington is that marriage must be between a male and a female. However, in January 2012 the Washington State Legislature began discussing the possibility of same-sex marriage. A bill could come out of this legislative session and signed into law by our Governor which would allow same-sex couples to begin marrying as soon as June 2012. As of January 2012, New York, Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont, are all states that allow same-sex marriage as well as the District of Columbia.

I was married in another state (or country), is that marriage valid in Washington State?

Marriages recognized in another jurisdiction are generally valid in Washington so long as the marriage is not prohibited by Washington Law and the parties intended to enter into a marital relationship. Our courts and judges presume a marriage is valid when the couple has held themselves out to the community as a husband and a wife. Our courts and judges will also presume that when a marriage ceremony is performed, that it was performed correctly. In some circumstances, the person wishing to assert a foreign marriage (one occurring in another country) may need to present evidence through documents or eyewitnesses that the foreign marriage was held in accordance with their customs and recognized in the country where the ceremony occurred. There are certain marriages which would not be recognized under Washington law, including same-sex marriage (as of January 2012), marriages where certain family relations exist, and marriages where one of the parties is already married. Those laws are found in 26.04.020 Revised Code of Washington.

Who can modify a parenting plan?

The majority of modifications involve the non-custodial parent (this means the parent who has less time with the child on an annual basis) seeking to change the parenting plan so he or she has more time with the children. Assuming you have a parenting plan signed by a judge in Washington State, it can be modified by following a two-step process. First, if you are the party seeking to modify the parenting plan, you must file a motion and affidavit setting forth facts that support your requested modification.

What are the first steps to modify my parenting plan?

The type of facts contained in your affidavit to modify the parenting plan must generally be those that occurred after the date your parenting plan was finalized. For instance, in a divorce, the pertinent date would be the day the judge signed your "final papers" which is typically the day those final papers are filed with the court. Your affidavit should focus primarily on factual events which occurred after that date to substantiate your claim the parenting plan requires modification (the reason being that if you knew of facts which may affect your desired parenting plan prior to the date the final papers were entered, then you should have argued those facts prior to finalizing). If your divorce was uncontested, there is an exception to this general rule according to the case of In re Marriage of Timmons, and you may allege facts in your petition for modification which occurred prior to the time you parenting plan was finalized.

What will the judge consider?

The facts alleged must support a finding of "adequate cause" by the judge. This means the judge has found the facts you alleged allow you to move forward for a full hearing. If the judge does not find adequate cause, then you are not allowed to move forward with your modification (though you are allowed to challenge the decision denying adequate cause). In making this determination, the judge will consider whether the proposed modification is in the best interests of the child and whether a substantial change of circumstances has occurred in the child's or custodial parent's life which supports a modification. Changes in your own life (for instance, a new job or new house will not satisfy the legal standard). The court will have a preference that the current custodial arrangement (the parenting plan in place prior to the modification) continue unless there is a factual allegation which supports an agreement by the parties to alter the parenting plan, integration of the child into the household of the moving party (non-primary parent), or a detriment to the child's health exists in his or her current residential household with the custodial parent.

If adequate cause is granted by the court, the moving party (the party seeking modification of the parenting plan) may move forward with a full hearing.

 

Question: How long should the insurance company have to complete their property damage investigation?

Answer: WAC 284-30-390 requires insurance companies to complete their claim investigation within thirty days after a claim has been notified. An exception to this is only if the investigation cannot be reasonably completed within thirty days.

 

Question:Who pays for the property damage repair if liability is clear?

Answer: If liability is clear, you can have either your insurance pay (if you have collision coverage) for the repair or have the at fault party's insurance pay for the repair. If liability is clear and you decide to have your insurance company pay for the repair, depending on your policy, usually your insurance company will pay the amount of the repair but less the deductible. Your insurance company will then go after the at fault party's insurance company to subrogate the amount your insurance company paid out and your deductible. Once your insurance company receives full payment of the value it paid out and your deductible, your insurance company will send you a check to reimburse you for your deductible. If liability is clear and accepted by the at fault party, you will most likely get your deductible back if the at fault party is insured. If the at fault party is not insured, you will only get your deductible back once your insurance company collects the amount from the at fault party.

If liability is clear, you can also have the at fault party's insurance pay for your repair. This may be more desirable because you can avoid the deductible assessed by your own insurance. And because the reimbursement of a deductible can take quite some time, having the at fault party's insurance pay for your repair will allow to avoid having to wait for the deductible to be reimbursed.

 

Question:Who pays for the property damage repair if liability is not clear?

Answer:If liability is not clear, the at fault party's insurance will likely not pay for the repair until liability is determined and admitted to by the at fault party's insurance. You may choose to wait until liability is clear to have the at fault party pay for your repair but generally there is a requirement for you to mitigate damages. Otherwise, you can have your first party insurance pay if you have collision coverage. As discussed above, although a deductible is assessed, you will likely be reimbursed for the deductible once the at faulty party's insurance admits liability. If liability is determined and you are 100% at fault, then you will not receive reimbursement for your deductible.

 

Question:What should one do if the at fault party is uninsured?

Answer:If your policy is includes coverage for uninsured motorist and depending on your policy, it may be preferable to submit an uninsured motorist claim for property damage rather than a collision coverage claim. Uninsured motorist claims usually have lower deductibles than a collision coverage claim.

 

Question:When is a car considered totaled?

Answer:A car is considered totaled when the cost of repairing it exceeds the cost of its fair market value. Insurance companies will not pay for the cost of repairing a car if it cost more to repair it than the car is worth. Most insurance companies will "total" out a car when the repair costs estimate reaches a certain percentage, sometimes 60% to 70% of its fair market value and sometimes less. Insurance companies will refuse to pay for a repair when it reaches near the fair market value for fear that the repair will be more than what was anticipated when initially estimated and that it may end up costing more than the fair market value.

 

Question:What happens when one disagrees with the insurance company on what the fair market value is?

Answer:You have to be willing to do some research and homework. You should search and scan newspapers and other publications for asking prices of cars that are comparable to yours. You should also obtain written appraisals or evaluation from dealers or mechanics for similar vehicles. You may also search the internet for vehicle valuation. Websites recommended are Edmunds and Kelley Blue Book allows you to input information specific to your car to obtain a fairly accurate valuation of your vehicle. You can also obtain a professional automobile appraiser to appraise the value of your car. Any upgrades to your car should also be documented. All of these suggestions are aimed at documenting the market value of your damaged car. To win against the insurance company, you need to willing to put major effort into documenting the condition of your damaged car prior to the collision.

 

Question:How should one obtain an estimate for the damaged vehicle?

Answer:You should have at least two estimates of your car, if not more. Generally an insurance adjustor will over to drive by to the location of your car to do an estimate. This is generally not advisable because an adjustor whom visits your car for a quick estimate cannot discover underlying damages without taking the car apart. For this reason, its recommended that your bring your car to a shop to have it estimated. A shop is more likely able to do a more thorough evaluation of your damages and estimate your damaged car.

 

Question:Where should one have their car repaired?

Answer:You can have your car repaired at a shop recommended by the insurance company or at a shop of your own choice. However, if you do have your car repaired at the insurance company's recommended shop, then you should always try to obtain a second estimate to determine whether the recommended shop's estimate is fair.

 

Question:Could a repair estimate or the value of repairing one's car effect one's bodily injury claim?

Answer:A car repair estimate or the value of repairing one's car may affect one's bodily injury claim. Some adjustors will equate smaller property damage with less bodily injury. For this reason, and for the sake of keeping money in its pocket, insurance companies have incentive to under value the damage to your car.

 

Final Tip: It is important to review your insurance policy carefully when dealing with your insurance. If a dispute arises as to some aspect of your claim, it is important to obtain your policy and to review it thoroughly as it will likely determine the outcome of your dispute.

There are several methods of dividing up pension plans in a dissolution or legal separation. A common way is to determine the present value of the benefits by sending the information to an actuary. An actuary will determine the today's dollar value of the benefits based on life expectancy tables and projected interest rates. Generally, once this is done, the benefit can be rewarded to one spouse and other properties will be awarded to the other spouse to offset the benefits.

A second common way of dividing up pension plan is through a Qualified Domestic Relations Order (QDRO). With a QDRO, parties in a dissolution or legal separation can divide the benefits now but the spouses will not enjoy the benefits until retirement age. With a 401(k), a QDRO can award a spouse an interest in the retirement benefit in a divorce without incurring any penalty and without any tax as long as it is rolled over into another tax deferred retirement plan (e.g., IRA). With a QDRO, the parties can be awarded either a percentage or a dollar amount. This can be done retirement plans and benefits for most businesses and for Boeing employees whom often have pensions and Boeing 401(k) (VIP and FSP).

QDRO's are usually not utilized for retirement benefits and pensions stemming from government jobs. Retirement benefits and pension plans offered through government jobs are often subject to special statutory requirements for division during dissolution. You can gather more information about goverment related job retirement benefits and pensions by clicking the following link:

Washington State Department of Retirement Systems

WSBA Article on "Using QDROs to Collect Child-Suport Payments"

Boeing- Voluntary Investment Plan (VIP)

Boeing- Financial Security Plan (FSP)

Thrift Savings Plan (TSP)

The modification may have the effect of allowing individual to remain in the United States. In some cases, the modification may be allowed where the immigrant was not aware a plea agreement could result in his or her deportation.

The Immigration and Nationality Act provides that a non-citizen may be removed from the United States in certain circumstances. One of those circumstances is committing a crime punishable by 365 days in jail. Many of these convictions are the result of a plea agreement where the immigrant/defendant finds it beneficial to forego the risks of trial in favor of a lighter, agreed to sentence. Unfortunately, the non-English speaking immigrant/defendant is often not aware the plea agreement could have the collateral result of removal from the United States. The Washington State legislature has recognized the severity of the problem in passing RCW 10.40.200. That law contains several important provisions, among them, when a defendant has not been advised a plea of guilty which "may have the consequence of deportation, exclusion from admission to the United States, or denial of naturalization" a Court must vacate the judgment and permit the defendant to withdraw the plea of guilty and enter a plea of not guilty.

The issues of obtaining a vacation of the judgment are often complex. For instance, certain time limitations, and whether those time limits can be tolled, on a motion to vacate the judgment may apply. The Court of Appeals has provided some guidance on these issues. See, for instance, In re Personal Restraint of Hoisington, 99 Wn. App. 423 (2000); State v. Littlefair, 112 Wn. App. 749 (2002); State v. Robinson, 104 Wn. App. 657 (2001). An alternative method used by some attorneys is to proceed under CrR 7.8(b)(5). That Criminal Rule allows a Court to relieve a party from judgment for "Any other reason justifying relief from the operation of judgment."

Whatever method is used, an attorney should be consulted for any individual facing removal from the United States.

Referendum 71, a vote held by the people of Washington confirmed this bill. The bill was approved 53% to 47%.

This bill made domestic partnership in the state of Washington equivalent to a marriage without being called a "marriage." It is often referred to the "Everything but Marriage" bill.

The legislature's intent was clearly stated in RCW 26.60:

"It is the intent of the legislature that for all purposes under state law, state registered domestic partners shall be treated the same as married spouses… this act shall be liberally construed to achieve equal treatment, to the extent not in conflict with federal law, of state registered domestic partners and married spouses."

Many Washington state family laws now apply to state registered domestic partners. If you are involved in a domestic partnership and have any questions or concerns how Washington state family law may apply to you in a family legal proceeding, call us at (425) 228-1500 for a free consultation.

It is critical for the MRJC to continue to operate through the event of flooding. Preparing for evacuation and finding alternative solutions to continue operation of court proceedings has been a heavy task.

King County has entered into a lease at the Park Place Building located at 6th and Seneca in downtown Seattle. This new location will house family law proceedings from the MRJC. Three or four will relocate to the Nakamura Federal Courthouse to try civil bench trials. Although such alternative will alleviate some of the problems with having to evacuate the MRJC, it is likely that the court will face many other obstacles along the way. These obstacles will include technology hiccups, cases continued due to lesser court room availability for individual trials, less jurors and longer security lines.

A number of the MRJC staff lives in the high risk flood area. This means these staff members will have to deal with their homes flooding and having to evacuate from their homes. With this in mind, the MRJC also anticipates less staff will be available to assist in the transition and operation of administrative tasks and court proceedings transferred from the MRJC.

The Honorable Judge Helen Halpert, has written an article on how the "Court Prepares for Possible Flood at the Maleng Regional Justice Center". You can read her article by clicking the following link:

http://wsba.org/courtpreparesforpossibleflood1109.pdf

The legislative intent was to equitably divide child support obligation between the parents. The schedule calculates child support based on the incomes and assets information of both parents. State law requires that all financial income and resource be disclosed to determine the child support amount. Parents are required to disclose their income and resources by providing income tax returns, bank statements, and other pertinent financial documents. Where a parent does not have income, the court may impute income to the unemployed parent who is voluntarily unemployed or under-employed.

After the net income of the parents are calculated, it is added together to determine each parent's proportional share of child support obligation based on a percentage of their income. The noncustodial parent is obligated to pay his or her proportional share of child support obligation to the custodial parent. Starting October 1, 2009, the basic support obligation tables will change. A few of the changes to the child support calculation are:

• Child Support Schedules continue to a combined net income of $12,000 rather than the $5,000 presumptive and $7,000 advisory.
• Minimum child support payment has been increased from $25 per child per month to $50 per child per month.
• Some overtime or second job income can be excluded from the income for purposes of calculating child support.
• Health care costs (to be shared) have been defined.
• Deduction for retirement contributions from gross income increased from $2,000 to $5,000 per year.

The changes to the Washington State Child Support Schedule can be found by clicking on the following link:

http://www.dshs.wa.gov/pdf/esa/dcs/WSCSS_pamphlet.pdf

If you have any questions about how the new changes will affect your child support obligation or your current Child Support Order, call us at (425) 228-1500 for a free phone consultation.