Some States Consider Mandatory Rules for Divorce Payments

Some States Consider Mandatory Rules for Divorce Payments

Divorce judges have it pretty tough. The lawyers and the couple in a divorce case are all trying to sway the judge’s opinion. Their final ruling will have consequences that will remain for the rest of the couple’s lives. Deciding what is “fair” in such a case isn’t always clear, but a decision must be made.

In some states, lawmakers are trying to make this decision easier for judges by codifying rules for divorce payments into law. This is somewhat similar to mandatory minimum sentencing laws. Florida, for instance, has tried twice now to eliminate permanent spousal maintenance (alimony) and instead make it temporary. They also proposed to put a cap on maximum payments and to disallow any spousal maintenance for a marriage that lasted less than two years in most cases.

But this bill failed because an amendment was added that would have made a 50-50 child custody split the standard in Florida. While it looks fair on the surface, Florida’s family law still leans heavily toward the idea that the father is the economic provider for a child and the mother provides the direct parenting. Critics say that not all parents are equally skilled or suitable for parenting, and so the bill was killed.

Divorce is such a tricky and complex subject that it is very hard to determine what is fair. What we can do at Elise Buie Family Law Group, PLLC is go over the relevant issues, give you our opinion based on previous cases, and fight for your rights in family court. If you are considering or facing divorce and you live in Washington, call us today.

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.
ebl home subscribe image

FURTHER READING

Latest Blog Posts

Child support is one of the most contentious issues in divorce cases where parties have minor children. Even though Washington state law uses the same complex mathematical formula to determine the amount of child support for each child, there is…

Family law and estate planning often intersect. This is particularly true when contemplating divorce, remarriage, or blending families.

At some point during your divorce case, friends and family members whose own marriages ended in divorce probably told you that it gets better, and it does. Of course, from your perspective, getting out of a bad marriage might be…

Co-parenting over a long distance when you are a non-residential parent does not have to equate to sacrificing involvement in your children’s lives. But it likely does mean you will have to make tweaks in your communication and parenting style to accommodate the new living arrangement.

If you have a significant amount of money saved, you might be considering giving some of it away while you are still alive via what is known in estate planning jargon as a living inheritance. Depending on your desires, you can give your beneficiaries a portion of or all of the inheritance you intend to give them.

Estate planning is commonly associated with preparing for asset distribution and financial management in the event of the estate plan owner’s incapacitation or death. However, an estate plan can protect more than just people and what they have worked so hard during their lifetimes to build. A carefully crafted Washington state estate plan can also protect pets.

Despite being divorced, you may still be able to collect social security benefits through your ex-spouse. Even if you went through a high-conflict divorce or are not on good terms with your ex-spouse currently, they cannot stop you from collecting these benefits if you are eligible. Likewise, your ex-spouse does not need to permit you to apply for social security benefits or have previously completed an application themselves.

If you live in Washington State and have an estranged family member, are you worried about them contesting your will after you die? Well, don’t worry quite yet. There are a variety of criteria an individual must meet to contest a will in the state of Washington.

Depending on your situation, there might also be measures you can take as you revisit your existing estate plan or create a new one to cause them to think twice about doing so. Here is what you need to know about whether an estranged family member can contest a will in Washington state.

When parents go through a divorce, child custody can be one of the hardest issues to deal with. But increasingly in American households, pets are part of the family, and separating can create similar concerns over who gets the family pet.

As a Seattle entrepreneur, you’ve undoubtedly dedicated countless hours and resources to building a successful business. You’ve dotted all of your I’s and crossed all of your T’s. But have you considered what will happen to your business after you're…