Amnesty Law

The old law was focused primarily on the needs of the parties, especially the party in need. The new law changes this completely. Interim spousal support is now intended to reduce the gap between the incomes of the respective spouses, rather than merely address a spouse’s needs. It was certainly the hope and the expectation of women’s groups that this would create more generous awards.

Simply put, under the new law a spouse who has less than two-thirds of the income of the other spouse is automatically entitled to monthly interim spousal support to reduce the income gap between the two spouses. Specifically, the statute requires the court to set temporary maintenance as either (i) 30% of the moneyed spouse’s income less 20 percent of the non-moneyed spouse’s income or (ii) 40% of the couple’s combined income less the non-moneyed spouse’s income, whichever is lower.

The court may deviate from the formula if the result would be “unjust and inappropriate” but only if the court explains its reasons in writing and makes specific reference to a “laundry list” of 17 factors that it must consider in doing so. The authors of the statute seem to have intended to appeal to the natural inclination of busy judges to apply the arithmetical formula in most cases rather than writing lengthy opinions that might then be subject to appellate review.

This creates a significant problem because the statutory formula is extremely simple while the real life of families is invariably far more complex. The formula does not factor in child support issues or the payment of household expenses. It is not integrated with the statutory provisions for child support. It makes no provision for medical insurance or housing. It operates independently of the division of marital property which does not take place in New York until the conclusion of a divorce case. Continue Reading

Although many people consider a family attorney as primarily dealing in divorces, family attorneys are able to provide you with legal representation, information and much more in many aspects of collaborative law. This can include prenuptial agreements, issues regarding children as well as divorce. With a prenuptial agreement, you will want to find the best attorney that you can in order to protect you, your interests, your property and assets against the possibility of divorce. The best attorney will be able to create the most protective prenuptial agreement possible, so in any case there is dissolution of your marriage, you will be protected. In addition, and experienced family attorney will be able to help in cases of divorce, whether there is a prenuptial agreement in place or not.

Regardless of whether it is a divorce or annulment, the best family attorney can help you in dealing with all of the issues that may arise concerning a divorce. This can include alimony, division of property, child custody and much more. Concerning child custody, the best attorney will be able to tell you what your rights and obligations are under law. Regardless of whether you need paternity established, or the appointment of legal guardians in the case of death or other incapacitation of the biological parents, the best attorneys available can help with this. What’s more, the best attorneys can also provide emotional support, in often complex and emotionally charged divorce cases. This is completely understandable, as your family attorney will not be able to protect you from the emotional trials and tribulations of divorce, but can protect your rights and privileges under the law.

It is extremely important that you do not try to attempt to understand the extensive collaborative laws on your own, because trying to understand the legalese and the functions of the court system are so complex that attempting it on your own will likely end very badly. For this reason, you want find the best family attorney to help you. You’ll know that you have found the best attorney for your specific case, because they will understand what you’re going through, and be able to provide you with emotional support as well as the most extensive, knowledgeable and professional legal representation possible. Continue Reading

Jane Doe is a fictional divorcée whose plight will sound familiar to most divorce attorneys. Her husband, John Doe, had repeatedly and flatly lied in gaining primary residential care of Jane’s young daughters. He claimed to cook the majority of their daughters’ meals, wash their clothes, read to them… the fabricated list went on and on. Few witnesses could contradict him because he maintained a convincing façade for family and friends. The only third-party witnesses who knew the truth were the parties’ daughters, and Jane Doe’s attorney declined to offer the young girls’ testimony. Her attorney said testimony from “kids is usually inadmissible.”

Jane Doe, like many divorcing parents, may have lost custody because her attorney was unaware of recent legal developments opening the door for child testimony. In 2010 the Washington Supreme Court’s opinion in State v. S.J.W., 170 Wn.2d 92 clarified that children are presumptively competent to testify. As the Court wrote: “A six-year-old child… may be more competent to testify than an adult in a given case; no court should presume a child is incompetent to testify based upon age alone…. [W]e hold that courts should presume all witnesses are competent to testify regardless of their age.” The Court buttressed its opinion with comparable federal law.

At a 2011 Family Law Evidence Continuing Legal Education Seminar in Snohomish County, commentator Karl Tegland stated witnesses over the age of four tend to survive competency challenges in Washington. An audience member responsively chortled that no Snohomish County family law “commissioner would leave an attorney with a shred of dignity” if the attorney tried to submit a declaration from a child that age. Other attendees shared the vocal audience member’s reservations about child testimony. Obvious practical and public policy concerns have given local courts and practitioners good reason to avoid child testimony, especially in family law hearings where parties submit evidence by declaration. Continue Reading