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legal-services-Everett-WashingintonOur office handles a full range of legal matters including, but not limited to, the types listed below:

 

website-linkAdoption

 

website-linkArbitration and Mediation
Arbitration and mediation are generally non-judicial procedures to resolve disputes between parties. Advantages to arbitration and mediation, as compared with court, are relative quickness to get a resolution and the lower costs. Gregory L. Davies has been an arbitrator and mediator since 1987. If  you would like to discuss either setting up an arbitration or mediation with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

website-linkBankruptcy

 

website-linkCustody/Parenting
When parents have a dispute regarding time with their child or children, whether it be in the context of a dissolution of marriage or a paternity action,  the court will adopt a parenting plan which sets up a schedule for both parents. Gregory L. Davies has been assisting parents in setting up parenting plans or custody orders since 1980. If  you are having difficulty in setting up a parenting schedule please contact our office and set up an appointment to discuss your concerns with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

"The establishment of a parenting plans is governed by RCW 26.09.181, .187, .191, .194, .197, .210, .220 and .225. The goal is to set out a parenting schedule for both parents that takes into consideration the parent's schedules and the child or children's schedules and meets the best interests of the child or children. Under Washington law both parent's continued involvement in their child or children's lives and upbringing is highly valued."

 

website-linkChild Support
Child support is required to be established in all dissolution of marriage and paternity cases with children. Washington law requires both parents to financially support their children. Gregory L. Davies has been assisting parents in setting up child support since 1980. If  you need to explore the setting of child support please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

The way Washington State Courts calculate child support is set out in Chapter 26.19 RCW. The Courts utilize a statutory schedule that takes in to account the net incomes of the parents, the number and ages of the child or children. Child support will generally continue until the child or children turn eighteen (18) years of age or graduate from high school, whichever occurs last. Depending on a child's or children's aptitude for post high school education, the parents may be required to contribute to their child or children's college, vocational or technical schooling. However, this generally will not continue beyond age twenty-three (23) years of age. A parent's contribution to post high school education is made on a case by case basis taking in to account the child or children's needs and each parent's ability to financially contribute. The child or children must meet conditions in order to receive post high school education contributions from both parents. Our office can assist you in setting child support or dealing with post secondary education contribution.

 

website-linkDivorce/Dissolution of Marriage, Domestic Partnerships or Committed Intimate Relationships

 

website-linkDocument Review and Assistance for "Do-It-Yourself" or "Pro Se" individuals

 

website-link Maintenance/Spousal Support/Alimony
Depending on the circumstances of a case, the court may award spousal maintenance to an economically disadvantaged spouse so the disadvantaged spouse can support him or herself during and after the dissolution of marriage. Gregory L. Davies has been assisting parties in setting up maintenance provisions since 1980. If you need explore your options regarding maintenance of spouse please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

Maintenance or spousal support is governed by RCW 26.09.090. The policy underlying the awarding of maintenance or spousal support is to give an economically disadvantaged spouse funds from the other spouse in order to give the economically disadvantaged spouse the financial support to make the transition from married life to the single life. The amount of maintenance and the duration are left to the discretion of the court. There is no schedule like there is in the setting of child support.Maintenance or spousal support is determined and set in dissolution of marriage or divorce actions.

 

website-linkModifications of Child Support

 

website-linkModifications of Parenting Plans
Parenting plans and child support orders are modifiable. Parenting plans are modifiable until a child turns eighteen(18) years of age. Child support orders are generally modifiable until a child turns eighteen (18) years of age or graduates from high school, which ever occurs last.  Gregory L. Davies has been assisting in modifications of parenting plans and child support orders since 1980. If  you need to have a parenting plan or child support order reviewed and modified please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

Modification of parenting plans is governed by RCW 26.09.260, .270 and .280. Modification of child support orders is governed by RCW 26.09.170, .173 and .175. Both modifications are generally based upon some change in circumstances that has arisen since the entry of the order being modified.

 

 

website-linkNon-Parental Custody
Non-parental custody actions are where non-parents seek the custody of a child or children from "unfit parents." This generally occurs when the parents are abusing substances to the point where they cannot properly care for their child or children. A non-parent, typically a grandparent, will seek the custody of the child or children.  Gregory L. Davies has been assisting parties in non-parental or third party custody matters since 1980. If  you are considering a non-parental custody action please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755.Or email us

 

Non-parental custody actions are governed by Chapter 26.10 RCW.
There must be a showing of parental unfitness before the court will entertain placing a child or children with a non-parent. Our offices currently charges an hourly rate of $300.00 and requires a $2,500.00 retainer or deposit of approximately 8 hours of time pre-paid. The actual time needed to complete any individual matter will vary depending upon the specific facts of any given case.

             

website-linkPrenuptial and Separate Property Agreements

 

website-linkProperty/Debt Division
"Property and debt division is to be fair and equitable. This does not always mean an equal split. Gregory L. Davies has been assisting parties in dealing with property and debt divisions since 1980. If you need explore your options regarding property and debt division please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

RCW 26.09.080 sets out the statutory factors that go in to determining what is a fair and equitable division of property and debts. These matters are generally dealt with in a dissolution of marriage or divorce action.

 

website-linkPaternity
Paternity actions can arise when non-married individuals have a child or children. The legal parentage, custody, visitation and child support matters for these children born to unmarried parents must be established.. Gregory L. Davies has been assisting parties in paternity actions since 1980. If  you need to have a paternity matter you would like to discuss please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

Paternity actions are governed by Chapter 26.26 RCW. The establishment of parentage can be done in a number of ways: by agreement, signing an acknowledgment of paternity or DNA testing. Custody, visitation and child support are determined and set in the same fashion as in a dissolution of marriage or divorce action. Our offices currently charges an hourly rate of $300.00 and requires a $2,500.00 retainer or deposit of approximately 8 hours of time pre-paid. The actual time needed to complete any individual matter will vary depending upon the specific facts of any given case.

 

website-linkPaternity/Parentage

 

 

website-linkProbate of Estates
Probate is the legal process for transferring property when an owner dies. This court-supervised procedure is used to validate a Will and determine ownership of a deceased person's estate. Probate proceedings are intended to provide an orderly transfer of property while protecting those who might have an interest in the property, including beneficiaries, heirs, creditors, and taxing authorities. Gregory L. Davies has been assisting parties in probating estates since 1980. If  you would like to discuss the probate of an estate please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

Probates are started by filing a Petition to admit a deceased's Will to the Court within 45 days of death. If there is no Will, then a Petition to administer a deceased's estate should be filed. Certain \"small estates\" under $100,000 may qualify for a simplified method of transferring property. Our offices currently charges an hourly rate of $300.00 and requires a $1,500.00 retainer or deposit of 5 hours of time pre-paid. The actual time needed to complete any individual matter will vary depending upon the specific facts of any given case.

 

website-linkPersonal Injury

Mediations are a process in which a mediator assists parties in reaching an agreement to resolve their disputes. Arbitration is a process in which an arbitrator conducts a "trial like" proceeding, taking testimony and receiving documentary evidence, and making a decision based upon the evidence presented. Either procedure is an alternative to using the courts with the goal of resolving disputes quickly and inexpensively. Mr. Davies has arbitrated family law matters, to include dissolution of marriage, custody, visitation, child support, property and debt division and maintenance of spouse issues. Mr. Davies has also arbitrated personal injury, construction and business matters. Mr. Davies' mediations have primarily involved family law matters. Our office currently charges an hourly rate of $250.00 and requires a $1,000.00 retainer or deposit of 4 hours of time pre-paid for arbitrations or mediations. The actual time needed to complete any individual matter will vary depending upon the specific facts of any given case.

 

As of September 1, 2009, the Snohomish County Superior Court requires that before a family law case can proceed to trial the parties must mediate their case before a neutral third party mediator. Mediators generally charge an average of $250.00 per hour and some require a retainer of between $1,500 to $2,500 before mediation can take place. In any event, payment to the mediator will be expected at the end of the mediation at the latest. Therefore, you will be expected to deposit your share of the mediator's fees before mediation takes place. If you are unable to pay your share then mediation will not take place and your trial date will be stricken by the Court. Mediation and trial will have to be rescheduled.

 

website-linkRelocation
Relocation of a child or children away from a non-custodial parent is one of the most difficult matters facing clients and the courts. There must be a weighing of the "right" of a custodial parent to relocate with the child(ren) against the "rights" of the non-custodial parent to have regular and meaningful contact with the child(ren). Gregory L. Davies has been assisting parties with relocation matters since 1980. If you need explore your options regarding relocation of a child please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

The factors the court must weigh are contained in RCW 26.09.405 through 26.09.901.These matters are required to be handled very quickly by the courts. The moving parent is required to give a minimum of 60 days written notice to the other parent of an intended relocation. The non-custodial parent has 30 days in which to provide written objections to the relocation. Once there is an objection then the custodial parent cannot move without first requesting and receiving the permission of the court. An expedited trial date is provided for by statute if the parties cannot reach an agreement. Our offices currently charges an hourly rate of $300.00 and requires a $2,500.00 retainer or deposit of approximately 8 hours of time pre-paid. The actual time needed to complete any individual matter will vary depending upon the specific facts of any given case.

 

 

website-linkWills, Trusts, Powers of Attorney, Physician's Directives (Living Wills), Guardianship
Wills and trusts are legal documents that direct how one person wants their estate to be distributed upon their death. A power of Attorney is a legal document that grants to another person the legal authority to act on behalf of another. A guardianship is a legal procedure to grant legal authority over an incapacitated person. Gregory L. Davies has been assisting parties in the preparation of Wills, Trusts, Powers of Attorney and Guardianships since 1980. If  you are considering having your Will, Trust or Power of Attorney prepared or a Guardianship established please contact our office and set up an appointment to discuss your matter with Mr. Davies.
Our phone number is 425-259-2755. Or email us

 

Wills are the documents or instruments that set out the written instructions for the orderly distribution of a persons property or estate upon their passing. Trusts are another legal means to achieve the same result. The use of a trust might be dictated by the size of a persons estate to avoid or minimize state inheritance or federal estate taxes. A Living Will or Physician's Directive is a legal documents that sets out your wishes regarding the use of extra ordinary medical procedures to maintain life. A Power of Attorney is a legal document in which one party give another party the legal authority to act on their behalf when that grantor become incapacitated and can no longer make decisions for themselves. A Guardianship is a legal action in which a party asks the court to appoint a guardian to take care of and/or make decisions for a party that cannot take care of themselves or make decisions for themselves. A power of Attorney and a guardianship are similar except a power of Attorney is given by a person while they are competent and a guardianship may be provided for after a person is incompetent and may not be able to care for themselves. Our fees vary depending on which need you may have. Please give our office a call to set up an appointment to discuss these issues and to get a quote on our fees.

 

website-link

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OVERVIEW OF CHILD RELOCATION

Thank you for your interest in our office and our legal services. It is our goal to provide you with professional and efficient legal services. In order to make you more fully aware of the future course of your child relocation proceeding it is important that you have full and complete information regarding the process through which your case will continue until its final conclusion.

 

Disclaimer: The following overview of the child relocation process is intended for information only and is not intended as a substitute for meeting personally with Gregory L. Davies and getting legal advice regarding your specific matter.

Please visit our website at www.gregorydavieslaw.com for more information about our office and the legal services we provide. When visiting our website please like us on Facebook by clicking on the Facebook icon on our website home page lower right hand corner.

A child relocation proceeding can be complex and confusing. Whether you decide to process your child relocation case yourself or hire our office to work with you there is no substitute for proper legal advice to ensure your child relocation case is properly prepared, filed, negotiated and finalized.

 

What is Child Relocation?

A child relocation legal proceeding involves a residential (custodial) parent request for court authorization to change the principal residence either permanently or for a protracted period of time of a child or children. And, such a relocation will disrupt the non-residential parent’s residential time (visitation) with a child or children and therefore necessitate a modification or change to a parenting plan for the child or children.

 

Required Notification of a Relocation:

A person with whom the child resides a majority of the time shall notify every other person entitled to residential time or visitation with the child under a court order if the person intends to relocate.

(1)The notice of an intended relocation of the child must be given by:

(a) Personal service or any form of mail requiring a return receipt; and

(b) No less than:

                                    (i) Sixty (60) days before the date of the intended relocation of the child; or

(ii) No more than five (5) days after the date that the person knows the information required to be furnished under subsection (2) of this section, if the person did not know and could not reasonably have known the information in sufficient time to provide the sixty-days' notice, and it is not reasonable to delay the relocation.

(2)(a) The notice of intended relocation of the child must include:

(i) An address at which service of process may be accomplished during the period for objection;

(ii) a brief statement of the specific reasons for the intended relocation of the child; and

(iii) a notice to the non-relocating person that an objection to the intended relocation of the child or to the relocating person's proposed revised residential schedule must be filed with the court and served on the opposing person within thirty days or the relocation of the child will be permitted and the residential schedule may be modified pursuant to RCW 26.09.500.

The notice shall not be deemed to be in substantial compliance for purposes of RCW 26.09.470 unless the notice contains the following statement: "THE RELOCATION OF THE CHILD WILL BE PERMITTED AND THE PROPOSED REVISED RESIDENTIAL SCHEDULE MAY BE CONFIRMED UNLESS, WITHIN THIRTY DAYS, YOU FILE A PETITION AND MOTION WITH THE COURT TO BLOCK THE RELOCATION OR OBJECT TO THE PROPOSED REVISED RESIDENTIAL SCHEDULE AND SERVE THE PETITION AND MOTION ON THE PERSON PROPOSING RELOCATION AND ALL OTHER PERSONS ENTITLED BY COURT ORDER TO RESIDENTIAL TIME OR VISITATION WITH THE CHILD."

(b) The following information shall also be included in every notice of intended relocation of the child, if available:

(i) The specific street address of the intended new residence, if known, or as much of the intended address as is known, such as city and state;

                  (ii) The new mailing address, if different from the intended new residence address;

                  (iii) The new home telephone number;

                  (iv) The name and address of the child's new school and day care facility, if applicable;

                  (v) The date of the intended relocation of the child; and

(vi) A proposal in the form of a proposed parenting plan for a revised schedule of residential time or visitation with the child, if any.

(3) A person required to give notice of an intended relocation of the child has a continuing duty to promptly update the information required with the notice as that new information becomes known.

A form of a Notice of Relocation can be found at the Snohomish County Superior Court Clerk’s office or on the internet by logging on to the Washington State Pattern Forms website. Please refer to the “Services” and “Resources” page on our website for a link to the Washington State Court forms website.

 

When is Notice of a Relocation Not Required or Delayed:

Relocation Within the Child’s School District:

When the intended relocation of the child is within the school district in which the child currently resides the majority of the time, the person intending to relocate the child, in lieu of notice discussed above, may provide actual notice by any reasonable means to every other person entitled to residential time or visitation with the child under a court order.

 

A person who is entitled to residential time or visitation with the child under a court order may not object to the intended relocation of the child within the school district in which the child currently resides the majority of the time, but he or she retains the right to move for modification of the parenting plan.

 

Domestic Violence:

If a person intending to relocate the child is entering a domestic violence shelter due to the danger imposed by another person, notice may be delayed for twenty-one days.

 

Address Confidentiality Program:

If a person intending to relocate the child is a participant in the address confidentiality program or has a court order which permits the party to withhold some or all of the information required by RCW 26.09.440(2)(b), the confidential or protected information is not required to be given with the notice.

 

Risk to the Health or Safety of a Person or Child:

If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the health or safety of a person or the child, notice may be delayed for twenty-one days.

 

Apply to the Court for an Order for a Waiver of the Notice Requirement:

A person intending to relocate the child who believes that his or her health or safety or the health or safety of the child would be unreasonably put at risk by notice or disclosure of certain information in the notice may request an ex parte hearing with the court to have all or part of the notice requirements waived. If the court finds that the health or safety of a person or a child would be unreasonably put at risk by notice or the disclosure of certain information in the notice, the court may:

(a) Order that the notice requirements be less than complete or waived to the extent necessary to protect confidentiality or the health or safety of a person or child; or

(b) Provide such other relief as the court finds necessary to facilitate the legitimate needs of the parties and the best interests of the child under the circumstances.

 

Failure to Give the Required Notice:

The failure to provide the required notice is grounds for sanctions, including contempt if applicable.

In determining whether a person has failed to comply with the notice requirements for the purposes of this section, the court may consider whether:

                  (a) The person has substantially complied with the notice requirements;

(b) The court order in effect at the time of the relocation was issued prior to June 8, 2000, and the person substantially complied with the notice requirements, if any, in the existing order;

                  (c) A waiver of notice was granted;

                  (d) A person entitled to receive notice was substantially harmed; and

                  (e) Any other factor the court deems relevant.

 

A person entitled to file an objection to the intended relocation of the child may file such objection whether or not the person has received proper notice.

 

Objection to Relocation or Proposed Revised Residential Schedule.

A party objecting to the intended relocation of the child or the relocating parent's proposed revised residential schedule shall do so by filing the objection with the court and serving the objection on the relocating party and all other persons entitled by court order to residential time or visitation with the child by means of personal service or mailing by any form of mail requiring a return receipt to the relocating party at the address designated for service on the notice of intended relocation and to other parties requiring notice at their mailing address.

 

The objection must be filed and served, including a three-day waiting period if the objection is served by mail, within thirty (30) days of receipt of the notice of intended relocation of the child. The objection shall be in the form of: (a) A petition for modification of the parenting plan pursuant to relocation; or (b) other court proceeding adequate to provide grounds for relief.

 

Effect of a Proper Objection to Relocation:

Unless Notice of Relocation is not required, the person intending to relocate the child shall not, without a court order, change the principal residence of the child during the period in which a party may object. The order required under this subsection may be obtained ex parte.

 

If the objecting party notes a court hearing to prevent the relocation of the child for a date not more than fifteen days following timely service of an objection to relocation, the party intending to relocate the child shall not change the principal residence of the child pending the hearing.

 

Failure to Timely or Properly Object to the Proposed Relocation:

If a person entitled to object to the relocation of the child does not file an objection with the court within thirty (30) days after receipt of the relocation notice, then the relocation of the child shall be permitted.

 

A non-objecting person shall be entitled to the residential time or visitation with the child specified in the proposed residential schedule included with the relocation notice.

Any person entitled to residential time or visitation with a child under a court order retains his or her right to move for modification.

 

If a person entitled to object to the relocation of the child does not file an objection with the court within thirty days after receipt of the relocation notice, a person entitled to residential time with the child may not be held in contempt of court for any act or omission that is in compliance with the proposed revised residential schedule set forth in the notice given.

 

Any party entitled to residential time or visitation with the child under a court order may, after thirty (30) days have elapsed since the receipt of the notice, obtain ex parte and file with the court an order modifying the residential schedule in conformity with the relocating party's proposed residential schedule specified in the notice upon filing a copy of the notice and proof of service of such notice. A party may obtain ex parte and file with the court an order modifying the residential schedule in conformity with the proposed residential schedule specified in the notice before the thirty days have elapsed if the party files a copy of the notice, proof of service of such notice, and proof that no objection will be filed.

 

How to Start a Child Relocation Case:

A child relocation proceeding is started in the superior court by the custodial parent filing a Petition to Modify a Parenting Plan or a non-residential parent filing an Objection about Moving with Children (Relocation) in the county where the child is a permanent resident or where the child is found.

 

Washington State has adopted mandatory pattern forms that are required to be used in child relocation proceedings. The pattern forms can be found online or purchased from the Snohomish County Superior Court Clerk. If you choose to prepare your own child relocation case you will need to obtain the proper forms. Please refer to our website in “Services” under “Resources” for links to the Washington State forms website and the Snohomish County Superior Court Clerk’s website.

 

If you choose to hire our office to assist you with your child relocation case our office will provide the appropriate pattern forms.

 

Current Filing Fee for a Child Relocation Case:

The filing fee currently charged by Snohomish County Superior Court Clerk for a Child Relocation case is $ 56.00 for an existing Snohomish County case (Modification) or $260.00 for filing a case with an out-of- county parenting plan.

 

Motion to Temporarily Allowing or Preventing Move with Children (Relocation):

A party seeking or preventing a relocation may file a Motion for Temporary Order Allowing or Preventing Move with Children. The motion must address the basis or factors a court must address to  allow or prevent a child relocation.

 

Basis or Factors for a Court Granting or Denying a Relocation:

The person proposing to relocate with the child shall provide his or her reasons for the intended relocation.

There is a rebuttable presumption that the intended relocation of the child will be permitted.

A person entitled to object to the intended relocation of the child may rebut the presumption by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child and the relocating person, based upon the following factors.

The factors listed in this section are not weighted. No inference is to be drawn from the order in which the following factors are listed:

(1) The relative strength, nature, quality, extent of involvement, and stability of the child's relationship with each parent, siblings, and other significant persons in the child's life;

                  (2) Prior agreements of the parties;

(3) Whether disrupting the contact between the child and the person with whom the child resides a majority of the time would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;

(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW 26.09.191;

(5) The reasons of each person for seeking or opposing the relocation and the good faith of each of the parties in requesting or opposing the relocation;

(6) The age, developmental stage, and needs of the child, and the likely impact the relocation or its prevention will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child;

(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and proposed geographic locations;

(8) The availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent;

(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;

                  (10) The financial impact and logistics of the relocation or its prevention; and

                  (11) For a temporary order, the amount of time before a final decision can be made at trial.

 

Factor Not to be Considered by the Court:

In determining whether to permit or restrain the relocation of the child, the court may not admit evidence on the issue of whether the person seeking to relocate the child will forego his or her own relocation if the child's relocation is not permitted or whether the person opposing relocation will also relocate if the child's relocation is permitted.

 

The court may admit and consider such evidence after it makes the decision to allow or restrain relocation of the child and other parenting, custody, or visitation issues remain before the court, such as what, if any, modifications to the parenting plan are appropriate and who the child will reside with the majority of the time if the court has denied relocation of the child and the person is relocating without the child.

 

Guardian ad Litem:

In contested relocation proceedings, the court may order an investigation and report concerning the proposed relocation and custodial arrangements for the child, or may appoint a guardian ad litem, or both. The investigation and report may be made by the guardian ad litem, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families.

 

Criminal History Required:

Before granting any order final order regarding a parenting plan of a child, the court shall consult the judicial information system, if available, to determine the existence of any information and proceedings that are relevant to the placement of the child.

 

Agreement, Settlement or Mandatory Mediation:

Agreement or settlement is the preferred way to resolve a child relocation case. Parties have more control over the final outcome, it is generally less expensive and quicker to reach an agreement or settlement. If the child relocation case proceeds to trial the parties have lost control over the outcome and the expenses are greater. Parties may reach an agreement or settlement between themselves; parties may reach an agreement or settlement with the assistance of attorneys; or parties will be required to attend a mandatory mediation session with a neutral third-party mediator to try to reach an agreement or settlement.

 

If the parties have not reached an agreement or settlement either on their own or with the assistance of their attorneys, they are then required to attend mandatory mediation as a precondition for trial. Professional mediators generally charge between $250.00 to $300.00 per hour. Parties generally split this fee equally. Mediators expect to be paid before or at the mediation session. Parties engaging in mediation are expected to participate in good faith and make a reasonable effort to reach an agreement or settlement on any disputed issues. Parties are not required to reach an agreement or settlement and mediators have no authority to impose any decision on the parties regarding disputed issues.

 

Mediation sessions are confidential and neither party may disclose any discussions engaged in at mediation in any court proceeding. Mediators cannot be called as witnesses.

 

Expedited Trial on Relocation:

A trial will be necessary to resolve and finalize a child relocation case if the parties are not successful in reaching an agreement or settlement. A child relocation case is given priority on the Court’s trial calendar. In Snohomish County a trial is assigned generally within sixty (60) days and there is no pre-assignment of a judge for the relocation case. A child relocation case only goes to trial if the parties have engaged in mandatory mediation but were not successful.

 

At trial a judge will listen to both sides testify and present evidence regarding their respective positions and at the conclusion of the trial will render a decision detailing how the children are provided for both physically and financially.

 

The final parenting plan and relocation documents are then prepared by either the parties or their attorneys and then presented to the court for approval. Once the final documents are approved the child relocation case is final.

 

Attorney’s Fees and Costs

 

Our attorney’s fees are based on an hourly rate along with an estimate of the amount of time we believe it will take to finalize your relocation case. Our current fees are listed on our website in “Services” under “Fees.” Relocation cases that are resolved by agreement or settlement will cost less than ones that are contested and must be resolved by the court.

                 

Note to Do-It-Yourselfers:

                 

If you choose to do your own child relocation, we always recommend you have our office review your paperwork before you file it with the court. We do charge a minimal fee for this review or any other services you request. We also encourage you to consult with our office during the child relocation process as you feel the need. If, at any time, you feel overwhelmed with the child relocation process and doing it yourself we will be ready to take over your representation.

                 

Our office keeps itemized billing records that are created at the same time as specific services provided for your case. This itemized billing statement is provided to you at the end of each month. You should review this billing statement carefully as it is not only a record of our time and charges for your case but also a record of our services provided.

Our office also prepares a written attorney fee agreement for each case. The agreement is signed by you and Gregory L. Davies. The original is kept in our client file and a copy is provided to you.

 

Thank you for your interest in our office and our legal services. If you have any questions concerning your child relocation case (or any other legal matter), whether you hire our office to work with you or you are processing your child relocation case yourself, please contact our office to set up an appointment to meet with Gregory L. Davies.  

To find our find out more about how our law firm can help you with your legal needs, contact Gregory L. Davies, Attorney at Law, in Everett, Washington. Call (425) 259-2755 or email us.

OVERVIEW OF THE CHILD SUPPORT PROCESS

Thank you for your interest in our office and our legal services. It is our goal to provide you with professional and efficient legal services. In order to make you more fully aware of the future course of your child support matter, it is important that you have full and complete information regarding the process through which your case will continue until its final conclusion.

 

Disclaimer: The following overview of the child support process is intended for information only and is not intended as a substitute for meeting personally with Gregory L. Davies and getting legal advice regarding your specific matter.

 

Please visit our website at www.gregorydavieslaw.com for more information about our office and the legal services we provide. When visiting our website please like us on Facebook by clicking on the Facebook icon on our website home page lower right hand corner.

 

Child Support:  Washington statutes require parents to financially support their minor children. Parents cannot agree to waive child support except in certain narrow circumstances and only upon approval of the court.  

A common misconception is that a parent who does not pay court ordered child support is not entitled to visitation. Child support and visitation are not dependent on each other. A parent who is not paying child support is still entitled to visitation.  

Child support is based upon the income of both parents. If the parents are employed and working full-time, child support is generally easy to calculate. If one or both of the parents is working part-time, a court may use income based on full-time  employment  for a parent who is not working full-time for the purpose of child support calculation.  Additionally, if a parent is “voluntarily unemployed or underemployed” a court may also use income based on full-time employment for such parent for the purpose of child support calculation. Examples of voluntary unemployment may include a mother who stays home to take care of children, a parent who is attending school full-time, or other such circumstances.  

Once the income of both parents is calculated pursuant to statute, child support then is based upon child support schedules that have been adopted by the Washington State Legislature. A DSHS child support calculator online link is in our website in “Services” under “Resources.”  

Each parent’s contribution to child support is based upon the child support schedule and the percentage of each parent’s income that goes into the total combined income of the parents.  

Once child support is calculated by a court an Order of Child  Support  is entered by the court. 

Daycare:  

The reasonable and necessary cost of work related daycare for minor children is paid by both parties in the same percentage as their contribution to child support. This cost is in addition to child support. 

Extracurricular Activities:  

The cost of reasonable extracurricular activities for minor children, if appropriate, is also paid by both parties in the same percentage as their contribution to child support. These costs are also in addition to child support. 

Private School:  

A court generally will not require parents to contribute to a private school unless there is a history of the children attending a private school or the parents agree. The cost for private school is in addition to child support. 

Healthcare:  

Both parents are financially responsible for the reasonable and necessary health care of the children. Both parents may be required to pay for healthcare insurance. All uninsured healthcare costs for minor children are paid for in the same percentage as each parent’s contribution to child support. These costs are in addition to child support.   

Where Child Support Is Paid:  

In most cases child support is paid to the Washington State Child Support Registry in Olympia. However, a court may direct that one parent pay their child support directly to the other parent. 

Tax Exemptions:  

The IRS tax exemptions for children may be allocated by the court between the parents.  

Termination of Child Support:  

In most cases child support terminates upon a child reaching the age of 18 years or graduation from high school, whichever occurs last.   

Post High School Education Contribution:  

In some cases parents may be required by the court to contribute to their children’s post high school education expenses; these expenses include, but are not limited to, tuition and books for college, vocational or technical education. There are a number of factors considered by the court in determining whether a parent will be required to contribute and to what extent. 

Attorney’s Fees and Costs:

A court, in its discretion, may award attorney’s fees and costs to be paid by one party to the other party. A court will consider the respective incomes and resources of the parties and balance the needs of one party against the ability of the other spouse to pay attorney’s fees and costs of the other party.

                 

Our attorney’s fees are based on an hourly rate along with an estimate of the amount of time we believe it will take to finalize your child support matter. Our current fees are listed on our website in “Services” under “Fees.” Child support plan matters that are resolved by agreement or settlement will cost less than child support cases that are contested and must be resolved by a trial judge.

                 

Note to Do-It-Yourselfers:

If you choose to do your own child support matter, we always recommend you have our office review your paperwork before you file it with the court. We do charge a minimal fee for this review or any other services you request. We also encourage you to consult with our office during the child support process as you feel the need. If, at any time, you feel overwhelmed with the child support process and doing it yourself we will be ready to take over your representation.

                 

Our office keeps itemized billing records that are created at the same time as specific services provided for your case. This itemized billing statement is provided to you at the end of each month. You should review this billing statement carefully as it is not only a record of our time and charges for your case but also a record of our services provided.

                 

Our office also prepares a written attorney fee agreement for each case. The agreement is signed by you and Gregory L. Davies. The original is kept in our client file and a copy is provided to you.

                 

Thank you for your interest in our office and our legal services. If you have any questions concerning your child support matter (or any other legal matter), whether you hire our office work with you or you are processing your child support matter yourself, please contact our office to set up an appointment to meet with Gregory L. Davies.                

 

To find our find out more about how our law firm can help you with your legal needs, contact Gregory L. Davies, Attorney at Law, in Everett, Washington. Call (425) 259-2755 or email us.

3721 Colby Avenue Everett, WA 98201