Pacific Northwest Family Law - April 2023

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APRIL 2023

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Easter Reminds We Can Move Forward

Easter and Passover teach us that we can overcome even the worst experiences in life. Our belief in the power to improve lives informs the work we do at Pacific Northwest Family Law. We work with our clients to create a brighter future for themselves and their loved ones. This type of change requires long-term thinking. There are plenty of law firms that feed on clients’ base instincts when they come seeking help. For example, a person is furious at their spouse, so their attorney marches to court and starts filing motions. In other circumstances, a parent may stop paying child support, or a cohabiting couple might not agree on handling a co-owned home after a breakup. Again, the attorney heads to court and starts making aggressive legal maneuvers. All with complete disregard for the effects on the client, the case, or those intimately involved in the case, but have no say in how it is carried out (children). And why not pound the table and declare the faults of the other side loudly in open court? It feels good in the moment. But when the dust settles, many people whose attorneys take that approach find their lives aren’t any better than they were before. And they now find themselves on the losing side of close decisions the Court makes. Judges seek to treat both sides fairly. But fairness is the first victim when you believe the world cannot get better. The second victim may be your own case. “How you handle a family law case has much bigger ramifications than the immediate legal outcome.”

A belief that there is a future, and it is bright and good, fuels our long-term approach and strategy with each case. Ultimately, how you handle a family law case has much bigger ramifications than the immediate legal outcome. It impacts how your kids, family, and community see you. Most importantly, how you address these matters affects how you see yourself.

Our clients are right to feel betrayed, angry, and hurt. Working with a long-term vision with our clients in mind, we can transform that energy into something positive for our clients, their kids, and future generations. With a little help, you, our client, can overcome anything. You may find help in your faith, in your family, in your friends, and even in your attorneys at Pacific Northwest Family Law. From the tragedy of divorce or related family law matter, you have the opportunity to build a brighter future, and it’s an honor to help you on that path.

–Zachary Ashby

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FIND MORE ‘YOU’ TIME Developing a Self-Care Routine

MAKE TIME FOR HOBBIES. Most people find themselves constantly juggling countless tasks and obligations. With so much to do, making time for your least favorite activities likely won’t happen; instead, do something you enjoy. After all, self-care is about you! Yoga, reading, journaling, jogging, and meditating are just a few ways to get in some “you time.” If you like it, do it! PLAN YOUR SELF-CARE TIME. Without adding self-care to your schedule, your healthy behaviors may get placed on the back burner. Block off time for your favorite activities: Once it’s on your calendar, you’re more likely to work a routine into your day. KEEP IT SIMPLE. Complex rituals may create more stress or anxiety when you should be relaxing. Instead, keep it simple by focusing on relaxing, breathing, and recharging. Go for a walk in the park, take a nap, get a massage, stretch, or take a few moments to do absolutely nothing. Simplicity is the key.

Life isn’t easy — when juggling a career, family, children, social obligations, and housework, finding time for yourself can be difficult. Studies show that roughly 59% of individuals only make time for self-care after they’ve become stressed out. Here are some ways to develop a healthy routine that suits your busy life. BECOME INTENTIONAL. When developing a self-care ritual, it’s essential to identify your reasons behind taking better care of yourself and to pinpoint your needs. With a clear vision and motive behind your efforts, developing healthy habits to nurture and incorporate into your everyday routine becomes easier. CREATE LARGE AND SMALL SELF-CARE OPTIONS. You don’t need to do the same self-care ritual all the time, but make it a point to do something for yourself every day. On busier days, you may only have a moment to take a few deep breaths and mentally reset, but on other days, you may have time for a relaxing bath, massage, workout, or pedicure.

Who Pays for Private Schooling?

Most parents have strong opinions about their children’s education. Some firmly believe in the value of public education, while others think a private school would better serve their children. Those opinions can also change over time depending on location, finances, and a child’s special needs. So, what happens when divorced parents disagree on whether private school is necessary? Child support agreements often include provisions for school tuition. The process is generally straightforward when the parents agree their child(ren) should attend private school, with parents splitting the cost proportionately. But cases often arise where one parent believes private school is beneficial while the other thinks it’s an unnecessary expense. When parents cannot negotiate a resolution, courts consider several factors before deciding whether to order private school tuition as a part of child support.

Generally speaking, the first question is whether the child attended private school before the divorce. If the family previously paid for private schooling, the parent who wants to change the arrangement will generally bear the burden of proving a valid reason. Judges will also determine whether a parent can afford private school. Changes in material circumstances, like reduced income due to job loss or disability, can result in an altered child support agreement. However, courts generally don’t change a child support arrangement due to a voluntary change, like willingly leaving a job for a lower-paying one. Courts usually do not order child support for private schooling when the child previously received a public education. Still, there can be extenuating circumstances. The judge will weigh a child’s special needs and whether a private setting can better serve them. Social concerns,

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TAKE A BREAK

“Til death do us part” is included in most wedding vows, and few people enter a marriage intending to get divorced. Spouses often spend years planning a long-term future together, including their retirement. When circumstances change, and a divorce occurs, the couple must determine how to split the assets they planned to use in their golden years. Since spouses generally divide expenses and plan for retirement together, Washington state considers most retirement accounts joint assets — even when only one spouse financially contributed to the plan. The complexity of splitting the funds will depend on several factors, including the account’s value and when it was opened. Smaller retirement account balances are typically split in a relatively straightforward manner. Often, couples use the process of “equalization,” where they trade the retirement account for an asset of similar worth. For example, one spouse may keep the $10,000 in their retirement account while another retains ownership of a similarly valued family vehicle. But 401(k), IRA, and other retirement savings can sometimes be the most valuable asset a couple owns. Most of these cases are resolved in Washington using a Qualified Domestic Relations Order (QDRO). A QDRO establishes a retirement account division between spouses and designates an additional payee. Once a QDRO is established, the spouse whose name is not on the account will receive a division of the funds. The recipient spouse can choose to keep the funds in the original account, roll over the funds into an IRA account, or withdraw all or a portion of the value in cash. However, anyone under 59 1/2 will face significant tax penalties on a cash withdrawal and should understand the full financial consequences. Dividing retirement assets during a divorce is often one of the most complex portions of the process. A QDRO drafted without adequate care can produce devastating financial consequences, profoundly affecting one’s future quality of life. Couples should never attempt to split these assets without an attorney’s assistance, nor should they try to “hide” or “claim” the assets by withdrawing from the accounts. Contact our office with any questions about retirement assets during a divorce, and we can help you develop a fair, legally sound plan. THE BEST LAID PLANS How to Legally Divide Retirement Assets

SOLUTION:

like extreme bullying, can also be a factor. Ultimately, the court will base its decision on the child’s best interests.

Crucially, conflicts over educational costs don’t necessarily end after a child’s high school graduation. Disputes also erupt over post-secondary expenses for children attending college. As we shared in a previous newsletter, you must meet specific deadlines to receive post-secondary support from your child’s other parent — and the clock is quickly running out. If you have questions about securing post-secondary support, please call our office at (564) 212-2733 before it’s too late.

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1359 Columbia Park Trail Richland, WA 99352 564.212.2733 pnwfamilylaw.com

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

1 | How We Leave Our Clients Better Off

2 | Putting Together a Self- Care Routine

The Division of Educational Expenses

3 | Divorce and Your

Retirement Accounts

4 | Earth Day

Documentaries to Watch

5 Documentaries to Watch on Earth Day Share the Facts With Your Whole Family!

Earth Day is coming up on Saturday, April 22. But do your kids know why we

beaches. It’s available for free on National Geographic’s YouTube channel!

between climate change and pandemic diseases. “Extinction: The Facts” is available on PBS.org or Prime Video. ‘KISS THE GROUND’ — Join actor Woody Harrelson on Netflix for an inspiring look at soil, why it matters, and what farmers and activists are doing to save and enhance it — and our food supply. The documentary is family-friendly and rated G. None of these documentaries existed in 1970 when anti-pollution activists came together to create Earth Day, build the Environmental Protection Agency (EPA), and pass laws to protect our air and water. But they’re a wonderful extension of that spirit! Hopefully, you will be able to find time to watch at least one of them this month. After watching, consider taking action and volunteering for a green project near you.

commemorate the holiday? Do you? If you don’t know much about the history of environmentalism — or just want to learn more about the state of our planet — consider celebrating Earth Day by watching a documentary as a family.

(If you watch it and love this documentary, check out the PG-rated flick “Plastic Island” on Netflix, which tackles the same issue in Indonesia.)

‘BRAVE BLUE WORLD: RACING TO SOLVE

OUR WATER CRISIS’ — This PG-rated documentary about water security takes place on five continents and stars celebrities Liam Neeson, Matt Damon, and Jaden Smith. Check it out on Netflix. ‘Extinction: The Facts’ — This hard-hitting documentary from famous nature historian David Attenborough is perfect for kids ages 16 and up. It tackles serious topics like species loss, food and water shortages, and the relationship

Dozens of fantastic films cover everything from the crusade to preserve our coral reefs to how farmers use soil health to enhance the planet. Here are a few of our favorites. ‘KIDS TAKE ACTION AGAINST OCEAN PLASTIC’ — This short five-minute documentary from National Geographic follows a group of Hawaiian students determined to clean up their local

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