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November 2014 Archives

Distribution of Debts in a Divorce

Division of Debts in Divorce - Overview (C)Bruce Clement

One important task for the court in a divorce is to divide the responsibility for paying debts between the parties. The basic rule is that responsibility is equal, and that debt should be divided equally. However, divorce court is a "court of equity", and the judge can actually divide marital debts in any way the judge feels is fair. For more information on how the court divides assets and debts in a divorce, see my Blog on Distribution of Assets and Debts.

Child Abuse and Neglect - CPS Cases in Washington State

Introduction

It is frightening to be questioned about child abuse or neglect by the police or Child Protective Services social workers. These can be heart-wrenching situations for the children and parents. An experienced attorney can often calm things down, explain the process to you and help you prove to the authorities the truth about the allegations.

Distribution of Assets and Debts in a Divorce

Each Spouse Owes a Fiduciary Duty to the Other

Both spouses owe a fiduciary duty to disclose all community and separate property assets prior to the entry of a Decree of Dissolution. In re Marriage of Sievers, 78 Wn. App. 287, 310, 897 P.2d 388 (1995). This fiduciary duty is continuing; it does not cease upon physical separation, or the contemplation or pendency of a dissolution proceeding. In re Marriage of Sanchez, 33 Wn. App. 215, 218, 654 P.2d 702 (1982); Seals v. Seals, 22 Wn. App. 652, 655-56, 590 P.2d 1301 (1979).

Post Secondary Education Support (PSES) in Washington State

What Evidence is Needed for PSES

The commissioner will need proof of the costs of the college (books, tuition, lab fees, room and board, etc.). In Pierce County the max allowed will be these costs at the UW; if the college used is less than that, the lesser amount will be used. The commissioner will also need info on the income and financial resources of both parties.