Wong Fleming Family Law: March 2014

Friday, March 7, 2014

More Single Dads? What Does the Other Side Think?

As a follow up to the previous post on a possible presumption of shared custody, I thought I would also outline the other side of the argument. A shared custody schedule works well for children of parents who reside in close proximity and are able to work together well for the child’s benefit.

For many children, equal custodial arrangements for the parents can be difficult. Some children feel overburdened by the alternating home life and a shared custody schedule and frequent exchanges can cause increased parental conflict that has a negative effect on the child. In addition, some children feel insecure and anxious due to alternating homes. If the parents can work together to apply similar rules, schedules, and structure in their respective homes, the child will feel less stress.

Some argue that a shared custodial schedule is simply to benefit the emotional needs of the parent rather than the child. In 1979, California adopted a presumption for joint custody but later amended the law to allow joint custody only when the parents agreed to it.

Whatever the trend, both sides of the argument should be balanced by what is in the best interest of the child. In Washington, we do not have a joint custody presumption; however, there is certainly a trend toward joint custody. In addition, the court will review other factors such as a history of domestic violence by either parent, drug or alcohol abuse by either parent, child abuse, or even seemingly innocuous “issues” such as distance between the parents’ households.

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Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more.

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More Single Dads?

Although traditionally fathers were the non-custodial parent in custody battles, according to a recent survey, single fathers makeup about 8 percent of current households with minor children. This reflects a 9x increase in the United States since the 1960s. Whereas, the increase of single mothers only increased by 4x in the same period of time.

Source: http://www.pewsocialtrends.org/2013/07/02/the-rise-of-single-fathers/

What effects does this trend have on the current state of family law? Although Washington abandoned the tender years doctrine years ago, today the courts are making an effort to be more equitable in division of time to both parents in viewing that it is often in the child’s best interests to spend time with both parents.

Some state legislators have shifted their inquiry away from the traditional “best interest of the child” model, to a policy that favors more integrated, joint physical custody of the child. In particular, our southern neighbor Oregon has taken a pretty aggressive stance on the custody issue and has passed legislation that makes joint parenting the default. This thereby encourages that the child spend equal time with both parents. However, according to the research, this may be a reason for an increase of single fathers as the custodial parent.

Some argue that this new trend functions as an empowerment tool. As single fathers are granted more time with their children, these men begin to value their parenting abilities. As such, they may be more inclined to ask for more parenting time. Further, given the reality that only a small percentage of custody cases go to trial, this allows for more opportunities to negotiate parenting schedules, thus prompting fathers to seek more time with their children.

Sources:

http://www.theatlantic.com/national/archive/2014/02/the-rise-of-the-single-dad/284016/

http://www.pewsocialtrends.org/2013/07/02/the-rise-of-single-fathers/

Tuesday, March 4, 2014

Funding Your Child's College When Divorced: Post Secondary Child Support

It’s that time of year. College-bound seniors are receiving acceptance letters and rejection letters from schools. Parents now wonder how post-secondary education will be paid. I came across this article on the Huffington Post website and have a few items to add:

Check your Order of Child Support. When does it terminate? If you plan on requesting that the court order post-secondary support, you must file for it before termination of the child support. For many, the termination date is the date of graduation from high school, but it is best to check the language of the order as the termination date can vary.
Wait. You definitely need to file your request for post-secondary support before the termination date, but it is also best to wait until you’ve filled out the Free Application for Federal Student Aid (FAFSA) and received the financial aid package from your child’s school of choice. This way you know what scholarships, grants, and loans are available for the child at each school.
Narrow school choices. If your child has been accepted at fifteen schools, congratulations! However, it is best to make the request for post-secondary support based on one, two, or maybe three schools. This is likely a discussion that you, your ex, and the child will need to have to determine which school is the best for the child.
Try to negotiate an agreement with your ex. Sometimes parents can agree to the terms of the post-secondary support. Often, they decide that each parent will be responsible for a third of the tuition, room, board, and books for school and the child will be responsible for the other third. Sometimes, the parties agree to split the costs 50/50. If you get an agreement regarding payment for post-secondary education support, you need to enter a new Order of Child Support. Be sure to include whether the cost of car insurance, car payment/upkeep, and medical costs are included.
File for a Modification of Child Support. If you cannot come to agreement with your ex, file for a modification. Post-secondary support is not guaranteed and the court looks at several factors in analyzing whether it will order the parents to contribute to this expense.