Practice Areas and Legal Definitions

Marital Dissolution (Divorce):
Application to a court of law is the only way one can obtain a decree of dissolution of marriage (divorce), legal separation, nullity or otherwise terminate a marriage. Other than the termination of the marital status, the court has an obligation to resolve other issues that are intertwined in the existing marriage at the time the court enters the decree. Said issues include but are not limited to: entering a parenting plan which provides for custody and visitation rights, division of property of the marital estate, spousal support, child support, awarding attorney’s fees and costs of litigation, and entering restraining orders.

Parenting Plan (Child Custody):
A parenting plan adopted or approved by the court is entered in each case in which a minor child has been born to or adopted by the parties. Parenting plans are also entered in third party custody proceedings. Parenting plans establish the residential schedule for the child, in other words, the residential time that each parent spends with his/her child(ren); how major decisions affecting the child, such as education, religious upbringing, training, health and welfare, are made; and how disputes between the parents regarding parenting plan matters are resolved, i.e, mediation, arbitration, counseling, or court action. Many factors influence which parent will be awarded primary residential care of the child, and the way a case is prepared and presented in court can have a large impact on the result for you and your child(ren). The award of primary residential care of your child(ren), will generally have far reaching consequences both on you and on their well-being and development.

Child Support:
Child support is a periodic payment which is normally made to the primary residential parent by the other parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related expenses. When one parent is awarded primary residential care of a child, as in the event of a marital dissolution, the other parent is generally required to fulfill his or her child support obligation by making a set transfer payment which may include variable expenses such as contribution toward child care, long distance travel expenses, private school expenses, and expenses for child related activities. In other cases the obligated parent will pay a set transfer payment and a percentage of actual expenses directly to the provider of those services. Additionally, the non-primary residential parent will pay a percentage of the child’s extraordinary health care expenses. The court will further require one or both parents to provide health insurance for the child if such insurance is available through the parent’s employment or union membership. When parents are awarded equal residential care of a child, the support obligation is determined in an equitable manner, in which each parent’s direct contributions toward support for the child are considered in setting the support transfer payment.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Under exceptional circumstances a party may have equitable defenses to a support collection proceeding. Each state has a schedule or has guidelines that factor the amount of child support based on the income of each parent and the standard of living the child is accustomed to. The court may allow adjustments to the child support transfer payment where a parent is paying child-related expenses such as long distance travel expenses, in relation to residential time spent with the child. In addition, the court can deviate from the standard calculation based on a number of factors, including but not limited to sources of family income, nonrecurring income, debt and high expenses, possession of wealth, residential schedule, and children from other relationships.

Property and Debt Division:
All property of the parties is subject to distribution in a marital dissolution proceeding, regardless of whose name it is under. While the court has the power to divide both community and separate property, the court will most frequently award separate property to the owner and will divide community property in a fair and equitable manner after considering various factors such as the length of marriage, the health of each party, the nature and extent of both community and separate property and, most importantly, the economic circumstances of each spouse at the time of the division of property. Property subject to division can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. Separate property includes property that a party brings into the marriage/relationship, property acquired during the relationship by inheritance or gift to one spouse, property acquired after separation, and the “rents issues and profits” of the separate property. All other property is community property, and absent clear proof of separate character, property acquired during the marriage/relationship will be deemed to be community property.

Similarly, debts incurred during the marriage from which the marital community derives a benefit, or which are in the names of both parties, will generally be deemed community debts. Creditors are not parties to marital dissolution proceedings and are not bound by the characterization of property or debt within that proceeding. Therefore, assignment of a debt to one party does not bind the creditor, and the only remedy available to the non-obligated spouse may be to try to collect reimbursement from the obligated spouse. That remedy may be insufficient if the obligated spouse is insolvent. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move-away cases have gone back and forth for over 20 years on allowing and disallowing a move by the custodial parent with the minor children. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA), when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony, termed maintenance under Washington law, is temporary or permanent financial sup¬port paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guide¬lines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective ages and health; the length of the marriage; the kind of property involved; and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity, or determining that someone is not the parent of child, can have a significant impact on divorce settlements, property division, child custody, child support, and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or a loved one needs the help of an experienced Seattle Family Law attorney, call David Ordell today at 866-632-2706, or complete the contact form provided on this site to schedule a consultation.

If you or someone you love needs the assistance of an experienced Seattle Family attorney, call The Ordell Law Offices today at 866-632-2706, or complete the contact form provided on this site to schedule a consultation.

ADDRESS OF THE FIRM:
The Ordell Law Offices
705 2nd Ave
Suite 1300
Seattle, WA 98104
Phone: 866-632-2706
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Attorney David J. Ordell

• Jurisdictions Attorney is Licensed in: Washington State
• Date Admitted to the Bar: 1973
• Colleges Attended, Degree & Year Graduated: University of Washington, BA 1969; University of Washington, JD 1973
• Professional Memberships & Achievements: Washington State and King County Bar Associations, member family law sections