CP/family

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Author:
maggieblund
ID:
162920
Filename:
CP/family
Updated:
2012-07-17 22:50:16
Tags:
CP family
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Description:
cp/family
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  1. Valid Marriage
    valid marriage or registered domestic partnership requires capacity of parties, consent, a solemnization ceremony performed by authorized person in front of two witnesses, and filing of marriage or partnership license. 
  2. Property Distribution
    • property prior= SP. Characterization of a house can be divided between SP and CP. Value of house, based on share, attributable to the portion secured through financing by the parties during marriagge will be considerd CP. Improvements to SP may create interest in the community. 
    • All prop during marriage presumed to be CP. SP will remain SP unless so comingled with CP that it is no longer traceable. All prop divided in just and equitable manner. Ct considers length of marriage, type of prop, and economic circumstances of the parties. Prop distributed without regard to misconduct.  
  3. Debts
    All debts during marriage are presumed to be community debts done in furtherance of the community
  4. Common Law Marriage
    WA doesnt have but will recognize CL marriage from another state. 
  5. committed intimate relationship
    CIR are defined as stable relationships evidence by factors as continuous cohabitation, duration of it, purpose of it, pooling of resources for mutual benefit, and intent of parties. Cts will evaluate interests of each party in the prop acquired and amke fair and equitable distribution

    only community like property up for distribution 
  6. Maintenance
    based on standard of what is just in light of needs of one party and others ability to pay. Does not apply to CIRs. Will be set without regard to misconduct. Ct may consider financial resources, standard of living, duration of it, the age, physical and emotional conditions and employability of the parties. WA also recognizes and facors rehabilitatve maintenance for preiod of time only to get more skills. 
  7. Good will of community biz or profession
    constitutes an asset to be considered for property distribution!
  8. Dissolution
    WA is no fault. One party needs to assert that marriage or partnership is irretrevably broken. 90 day wait period.

    Early on, can petition for temp relief, including temp parenting plan, child support, maintenance, and payments of debt or restraining orders.  
  9. Paternity
    Uniform Parentage Act. Presumption of paternity if child born during marriage or 300 days after termination of one. Ct may order paternity test. Or if signs and files acknowledgement of paternity, can't later say not the father. 
  10. Parenting PLan
    Based on best interest of child. Will include dispute resolution process, allocation of decision making authority, residential schedule, designation of custodial parent pursuant to fed requirements and any applicable limitations on contact.

    Reasons for limiting contact with kids include history of DV and crim activity.  
  11. Child Support
    WA has adopted mandatory child support schedule based on income and number of kids. Duty of support till kid is 18. subject to modification based on standard of substantial change in circumstances. ct retains powers to find a party in contempt if it is determined that he willfully took steps to avoid child support obligations. automatic wage assignment avaialable to assit party in enforcement of child support payments

    schedule must be followed unless allowable reasons for deviation, such as time spent with kids, extraordinary debt, significant disparity beyond control, or kids special needs. And may deviate if significantly higher income of one spouse. 
  12. Prenumtial K
    valid IF good faith, fair dealing, full disclosure of material facts, and the opportunity to obtain independent advice.

    Must be fair on its face and both must sign voluntarily with full knowledge of rights.  
  13. Attorney Fees
    may be awarded to one spouse base don what is fair. If one has no income and other has great income, may award to poor spouse.
  14. Dissolution
    WA is a no fault state. One party needs to assert marriage/domestic partnership irretrievably broken. 90 day waiting period. 
  15. Changes to parenting plan
    WA favors keeping one in palce. Substantial chagne in circumstances asserted by moving party setting forth adequate cause that failure to change plan for the care of child more harmful than proposed change. 
  16. One parent moving
    Must notify the other party and if other party objects, will onyl be entitled to move in a way that eliminates some of the party's parenting time if it is encessary and in the best interests of the kids. Faiure to timely object = waiver. 
  17. Restraining Orders
    Have power to order one that prevents removal of kid form state while action aprents, and parent can't relocate wihtout proper notice and a hearing.
  18. Retirement Benefits?
    only portion of a partys retirement benefits earned from employment during marriage is CP, those benefits accumulated before or after are SP. 
  19. Disability Benefits?
    DB paid to compensate for loss of ability to work maintain same character as employment earnins. 
  20. Stock Options
    accrued as a result of investment of a party's time and labor during marriage or parntership are also CP. 
  21. Third party visitation
    not unless parents are determined to be unfit. a non parent can bring visitation only during ongoing legal action between parents but not independently. Ct may order or modify visitation in bets interst of kids. Must be ale to show significant relationship

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