Ruff v. Knickerbocker: A Washington superior court assumed jurisdiction of an interstate custody dispute after a Montana district court had heard it.
By Laura Morgan, Family Law Consultant
Father could not consent to Washington courts having jurisdiction over child custody dispute under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); there was no language in the UCCJEA that allowed the parties to waive the jurisdiction of one state in favor of another by their conduct or their agreement [citing UCCJEA ‘ 201 cmt., 9 pt. IA U.L.A. at 673].
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Navigating the psychological responses of clients to divorce and child custody disputes can be one of the most difficult aspects of practicing family law. Clients cannot easily compartmentalize their emotions from the division of assets and support and custody issues. Family law attorneys must assist clients in managing their emotional expectations along with their financial expectations. Without any formal training in the psychological aspects of divorce and custody disputes, family law lawyers often shoot from the hip in managing these emotional expectations, relying on common sense and reason to counsel their clients.
Failure to pay court-ordered support is a well-known problem for family law attorneys. Congressman Joe Walsh is only the latest in a long line of public figures who stand accused of failing to pay child support, racking up large sums in arrears owed to their former spouses. California recently announced that non-custodial parents in that state alone owe $19.2 billion worth of unpaid child support. Few people — including most divorce lawyers — realize that retirement plans can be used to pay child support and alimony.
One of the goals of a mediator is to help parents keep the children’s best interests in mind when making decisions. One of the biggest decisions that affect the children in a divorce is the amount of child support that must be paid. The laws in the state of Illinois, for instance, calculate child support according to a straight percentage of the spouse’s “true net” income. The percentage increases depending on the number of children that are involved. However, each state has its own methods for deciding how child support is calculated.
Diana Shepherd is the Editorial Director of Family Lawyer Magazine and Divorce Magazine. An award-winning editor, published author, and a nationally-recognized expert on divorce, remarriage, finance, and stepfamily issues, she is a frequent lecturer on the topics of divorce, finance, and marketing – both to local groups and national organizations. She has also been a Certified Divorce Financial Analyst® since 2006.
