5.18.11

Each group should have received financial documents in response to email.

Emergency issues- usually present in family law cases. EX dangerous situations, emptying of bank accounts, etc.

Family Law Process
Phase 1- filing of petition and emergency orders.
Phase 2- discovery
Phase 3- dispute resolution

Child Support- Strict guidelines
Review charts to determine support in Arnica case
Focus on kids needs is paramount- stable, maintenance of lifestyle and social/learning/school situation

Motion to modify- must be substantial change in circumstances

Relocation Statute- Included in all parenting plans
May limit movement of custodial parent in interest of child

Child Support
-Net income of each parent, added up, equals total benefit to child.
Proportionate share from each parent is determined. Parent who makes more income gives "transfer amount" to parent who makes less.
-Money can be transferred by check, joint account, or DSHS may act as routing authority. Involving DSHS helps track payments, and has enforcement rights under order.
-Termination date must be established for child support. Line between spousal maintenance and child support can be blurred. Pay-or can deduct spousal maintenance for tax purposes, but not child support. Usually when child turns 18, or graduates high school, whichever comes last.
-Statute allows child support to be requested for any dependant, regardless of age, (developmentally disabled, etc.). Practice in King County is to not allow it.
-College education support may be allowed, but must be requested before the child turns 18. (Jurisdiction)

Domestic violence, addiction, and other danger issues
- People are reluctant to discuss/admit
- "What was the level of tension during the marriage?"
- Ask about conflict resolution in the marriage. Responses can be very telling.
- The Cycle - Honeymoon - Tension - Explosion - Apology - Reconciliation
- If there have been issues, joint custody and joint parenting may be restricted.

Create- Child support worksheets, proposed orders, and parenting plan.
Decide how to proceed based on strategy. Make arguments for division and use of property, who should have custody and why, and why support will be required based on custody. What is the strongest argument that we can make?

Proposed order by attorney, and declaration from client that addresses these issues. Don't look to case law, go for fairness and justification.

PROJECT DUE WEEK after NEXT

Fill out child support worksheet, and parenting plan worksheet. Also prepare declaration from client.