April 3, 2014

Wills on the Hill

This past November, my wife and I had a our first child. We very quickly discovered the trials and tribulations of being new parents: lack of sleep, overnight feedings and diaper changes, uncertainty over the right things to do to soothe your child, and the virtual disappearance of a social life. The experience, as so many of you know, has been life-altering -- so very challenging but also extraordinarily rewarding.

As a new parent, I understand the impact that raising a child has on the daily schedule. While caring for a newborn, finding time to eat (and shower!) can prove a challenge--the idea of tackling tasks beyond that may seem like a distant dream. As time goes on, these time commitments change but don't necessarily decrease. As a result, you may end up putting aside tasks that you meant to do.

And if you are a new parent, maybe you're thinking a little bit more about the future than you before. Will you have to find daycare? Where are the best elementary schools in your area? What happens if he or she gets accepted to Harvard?

And what happens if you die?

That last question is likely to be the last thing on your mind when you're young and single and invincible. But when you start a family, it becomes important to consider how they will be provided for if the unthinkable happens. Many people have pensions or retirement plans that automatically pass to a designated beneficiary upon death (be sure to keep them up to date!), or jointly own a house or car or other property with their spouse, so there is no question as to where these assets will go. However, that potentially leaves a lot of assets and valuables whose ownership would be in dispute. That's where a will comes in. A properly written and executed will informs everyone you leave behind of your last wishes and eliminates sources of conflict and confusion.

I have started a program called Wills on the Hill because I know the limits on time that parents face. While I can help draft and execute wills throughout Washington, DC, and Northern Virginia, if you live in Capitol Hill or nearby neighborhoods, I offer home visits for initial consultations and other meetings as needed. Yes, I can do house calls during your child's nap time, on evenings and weekends, or whenever you may have a free moment.

The rewards of this effort have been multiple for me. In the months that I've been offering this service, it has been a pleasure to fill a need within the community by easing the way for people seeking to secure their families' futures. On a more personal level, it has been wonderful to grow my practice closer to home, which allows me a bit of flexibility to peek in and check on my son's progress rolling over. So if this service is of interest to you, please review the resources on my site -- and as always, please contact me with any questions.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com

March 12, 2014

What is a "residuary estate?"

by Philip Yabut in wills

Generally a will contains three types of property to be distributed: direct bequests (gifts) to specific individuals, property to be held in trust for someone else ("testamentary trusts"), and the residuary estate.

A "residuary estate" contains all of the assets leftover after direct bequests and testamentary trusts. In other words, it is what remains after you have given everything away to those whom you specify in the will. Furthermore, any specific bequests that lapse before you die (for example, gifts to specific people who die before you do) automatically pass into the residuary estate.

In the probate process, all taxes, administrative fees, and creditors' claims are paid out of the residuary estate before it passes to your named beneficiary or beneficiaries in the will. Therefore, if you have precious family heirlooms or other items that you want other people to have after you die, it is important to specify them as gifts to keep them safe from probate.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com

December 10, 2013

Limits on wills

by Philip Yabut in wills

A will can give peace of mind by determining how your assets will be distributed after you die. However, there are limits on what property a will can cover. Assets that cannot be subject to a will include:

Property held in joint tenancy with right of survivorship. This generally affects married couples, but anyone can acquire and own property jointly. A right of survivorship means that if one co-owner dies, the other automatically takes over the other's share.
Pensions, retirement, life insurance, and other accounts that have right of survivorship and/or named beneficiaries. These accounts already have beneficiary provisions that a will cannot override. Transfer of ownership would be effective immediately at death and before a will goes through probate.
Assets held in trust. While a will can set aside assets to create a trust, it cannot affect property already held in trust for a named beneficiary.

The common thread in these instruments is the named beneficiary. In short, a will only can dispose of assets whose ownership would be in question upon death of the testator. Any will provision that tries to change named beneficiaries for established trusts or payable-on-death accounts is automatically invalid. Furthermore, payable-on-death and right-of-survivorship assets are not subject to estate taxes.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com

December 2, 2013

Where there's no will, there's still a way

by Philip Yabut

When a person dies without a will, state law substitutes and property is distributed according to statute. This is called "intestate succession."

In Virginia, if you die with:

Children, but no spouse -- children inherit 100%.
Spouse, but no children -- spouse inherits 100%.
Spouse and children, all of whom are descendants of that spouse -- spouse inherits 100%.
Spouse and children, at least one of whom is from someone other than than that spouse -- spouse inherits 1/3, children inherit 2/3.
Parents, but no spouse or children -- parents inherit 100%.
Siblings, but no spouse or parents -- siblings inherit 100%.

For a complete list of intestate inheritance rules should the decedent have no siblings, parents, spouses or children, see Va. Code § 64.2-200.

In the District of Columbia, if you die with:

Children, but no spouse -- children inherit 100%.
Spouse, but no children or parents -- spouse inherits 100%.
Spouse and children from you and that spouse, and spouse has no other descendants -- spouse inherits 2/3, children inherit 1/3.
Spouse and children from you and that spouse, and spouse has descendants from another relationship -- spouse inherits 1/2, your children inherit 1/2.
Spouse and children from you and someone other than that spouse -- spouse inherits 1/2, your children inherit 1/2.
Spouse and parents -- spouse inherits 3/4, parents inherit 1/4.
Parents, but no spouse or children -- parents inherit 100%.
Siblings, but no spouse, children or parents -- siblings inherit 100%.

For the complete rules of intestate succession for DC, go to D.C. Code § 19-306, § 19-307, § 19-308, § 19-309, § 19-310, § 19-311, and § 19-312.

Because these are default rules, it is important that you create a will so you do not have the state distributing your property in a manner that is against your wishes.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com

November 27, 2013

Changing your will

by Philip Yabut in wills

Like the tides, life does not stay the same from one moment to the next. Changes may be sudden and immediate, like having children or selling your house, while others may happen gradually over time. Chances are that if you have already written a will, changes in your life may not be reflected in what your final wishes were at the time.

There are two ways to make changes to a will:

You can write an entirely new will. A properly executed and witnessed will automatically supersede and replace all others before it.
You can amend provisions of your will while leaving the rest of it intact. This is called a "codicil," and it is not a matter of simply crossing out and replacing items on the page. A codicil must properly be witnessed and executed like a complete will for it to be effective (i.e., signed before two witnesses, and both witnesses signing in turn). Any amendment that is not properly executed will be deemed invalid by a probate court.

A codicil may also be used to "revive" or reinstate a former ("revoked") will.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com

November 25, 2013

Peace of mind on a piece of paper

by Philip Yabut in wills

Life is full of uncertainty. People get married, kids are born, accidents and illnesses happen. Death is an inevitable fact of life, and it can happen without warning. And since we cannot take our possessions with us when we die, it is important to figure out well ahead of time how your assets will be distributed when the unthinkable happens.

A will is a statement (oral or written) that directs the disposition of your property after you die. It becomes final when it is properly signed and witnessed, and it becomes effective after you die and when all probate procedures are met.

It is important to note that a will has no legal effect as long as the testator (the person who wrote the will) is still alive.

What you need to know before you write a will

Before you create a will, you have to gather necessary information. This includes:

Beneficiaries and heirs -- people or charitable organizations who will inherit your property.
Property (including where it is located and who is on the title) and debts.
Bequests -- the names of people and specific property they will receive, and who will receive the property if they do not outlive you.
Residuary beneficiary -- the person or people who will receive property you do not specify in the will.
Executor (and alternate) -- the person or people who will be responsible for carrying out the will.
Guardian (and alternate) -- person or people who will care for your children or dependents.
Provisions for disposition of your debts and funeral expenses. Usually, this comes from the residuary estate (i.e., what is leftover after specific bequests of property). Please note that will executions often take place after the funeral, so it may be prudent to take care of burial arrangements separate from a will.

Elements of a will

In order to be legally binding, a will must meet several basic requirements. These are:

Legal age -- you must be 18 in both DC and Virginia.
Testamentary capacity -- also referred to as "of sound mind," meaning you must have the sufficient mental capacity to create a legal will.
Intent to make the document or statement your will.
The will must be voluntary, without coercion or duress.
The will must properly dispose of your property.
The will should be written and witnessed by two other parties (though wills can be oral).
The will must be properly executed, per state law. In DC and Virginia, this means that you must sign the will in front of two witnesses, and both witnesses in turn must sign as well.

PLEASE NOTE: There is no notary requirement for a will in either Virginia or DC.

Once your will is properly signed and witnessed, you should keep the original in s secure place, either in a safety deposit box, safe, or with your attorney.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut@prylaw.com

August 29, 2013

What is an "intrafamily offense?"

by Philip Yabut in domestic violence

In a D.C. Civil Protective Order (CPO) case, the petitioner needs to prove that he or she was a victim of an intrafamily offense or act of violence. Under § 16-1001(9) of the D.C. Code, "intrafamily violence" is "an act punishable as a criminal offense committed by an offender upon a person to whom the offender is related by blood, legal custody, marriage, having a child in common, or with whom the offender shares or has shared a mutual residence; or with whom the offender maintains or maintained a romantic relationship not necessarily including a sexual relationship." It is important to note that under this definition, an intrafamily offense must necessarily be a physical assault or battery, or something that can be prosecuted as a crime, like stalking. This means that yelling or cursing at a child, family member, or spouse/partner, even if done repeatedly over a long period of time, probably will not by itself be enough for a judge to issue a CPO.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut01@gmail.com

February 26, 2013

Divorce: Property Distribution

by Philip Yabut in divorce

Property division is one of the most contentious elements of a divorce proceeding. If the parties cannot settle their differences out of court, the judge hears arguments and determines how marital property will be distributed upon the final divorce decree. The state's overriding property distribution laws determine how much leeway a judge has in this decision.

Ten states (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) use the community property doctrine, which means all marital property is divided 50-50 regardless of circumstances. Each spouse also maintains their own claims on separate property. The remaining states (including Virginia) and the District of Columbia use equitable distribution, which gives a judge much more discretion to determine what is a fair division of property. The final decision does not have to be an even 50-50 split, but what is fair to both parties. Various court cases over the years have given judges some guidance as to what is considered "fair," but generally speaking, equitable distribution statutes allow judges to consider the facts and be creative. We will discuss some of these cases in a later post.

Obviously, the best way to deal with property issues is for the parties to settle, saving you the contentiousness and expense of a trial. And it would be more advangeous to have a pre-marital (pre-nuptial) agreement in place.

February 5, 2013

Collaborative Divorce: An Introduction

by Philip Yabut in collaborative divorce, divorce

In popular culture, divorce depicted as an ugly adversarial process with estranged spouses always dramatically at each other's throats. Real life is usually never as "exciting" as it is on television, but it is really not that far off. Divorce can be an ugly adversarial process that takes a lot of time, money and emotional cost.

Back in 1990, a Minneapolis lawyer named Stuart Webb founded the collaborative divorce model. The process of collaborative divorce is to get both spouses and their attorneys in the same room and work together to hammer out an agreement without going to court. Instead of the secrecy and strategy of the traditional adversarial setting of a divorce trial, the parties would lay everything on the table and figure out the best way to move forward in as cooperative an atmosphere as possible.

Collaborative divorce uses a different financial model than the traditional adversarial model. Instead of filing court pleadings and hiring experts as the process drags on, the spouses decide from the beginning who the attorneys, mental health professionals who will act as advisors, and the neutral financial analyst will be before beginning negotiations. As a result, much of the cost of the divorce will be borne earlier in the process rather than escalating as the trial gets closer.

Collaborative divorce is a form of alternate dispute resolution, but it is not mediation, which is generally done in conjunction with a traditional adversarial process.

Further reading: History of Collaborative Divorce from collaborativedivorce.net.

October 30, 2012

Presentation: Standing to File a Civil Protection Order in DC

by Philip Yabut in domestic violence

[slideshare id=14961000&w=427&h=356]

This presentation is the first of a series on filing a Civil Protection Order (CPO, known in other jurisdictions as a "Restraining Order") in the District of Columbia. It covers who is eligible to file a CPO in D.C. Superior Court.

September 12, 2012

Pro Bono opportunity: DC Volunteer Lawyers Project

by Philip Yabut in pro bono

Recently, I learned of a pro bono organization that could help young or new attorneys gain hands-on experience and give back to the community. The DC Volunteer Lawyers Project is always looking for new volunteer attorneys, so if you're interested, please visit http://www.dcvlp.org/ for more information. From their website:

The DC Volunteer Lawyers Project is a nonprofit organization whose mission is to provide high-quality, free legal services to low-income District of Columbia residents in family law cases. Our volunteer lawyers provide pro bono legal representation to:

survivors of domestic violence in civil protection order, custody, visitation, divorce, child support and immigration cases
children in high-conflict custody cases
foster parents in adoption, guardianship, placement and licensing matters
third-party caregivers in custody cases

Founded in January of 2008, the DCVLP addresses the urgent need for more pro bono family law lawyers by tapping into an unused resource -- experienced lawyers who have left full-time legal practice, many of them to raise families, and want to use their legal skills to help the community. The DCVLP assists these lawyers in reentering the legal profession by providing training programs, a professional support network, and mentorship and supervision throughout the duration of a case. The DCVLP also provides volunteers with malpractice insurance, an office for client meetings, online legal research tools and other resources they need to provide free, high-quality legal representation to indigent clients.

September 7, 2012

Divorce in Virginia -- it's not always no-fault

by Philip Yabut in divorce

No-fault (uncontested) divorce became commonplace late in the last century, and now it has become a lot easier to end a marriage than it had been historically. Since the bonds of matrimony were chiefly religion-based, civil law made it exceedingly difficult to break them. But even before the divorce revolution of the late-20th century, there were ways to get out of a marriage. And, in fact, Virginia still has them on the books (Va. Code § 20-91(A)(1-6)).

Virginia, of course, has its uncontested divorce law at § 20-91(A)(9)(a). The other "fault" grounds are:

1. Adultery,

2. Sodomy or "buggery" (sexual act against nature) committed outside the marriage,

3. Conviction of a felony by either party resulting in one year imprisonment, and

4. Cruelty or willful desertion, one year after the date of such act. In cases of cruelty, the abused spouse will not be charged with desertion if s/he leaves the marital home as a result.

DC no longer has fault grounds for divorce -- all proceedings must begin after living separate and apart for six months if it is voluntary and mutual. If it is not mutual and voluntary, the period is one year.

September 3, 2012

Child Support: the ABCs

by Philip Yabut in child support

Determining child support is mostly a mechanical process. The parents present the court with their gross monthly incomes and the court applies them to the guidelines based on the percentage of the whole each parent makes. The guidelines, which are revised from time to time, are the default for determining support, but the court has some leeway to adjust amounts based on mitigating factors. These include actual monetary support from other family members, special needs of the children, and earning capacity of the parents.

I've said it before, but it cannot be said enough that it is important to remember that child support is not for the parents but for the children. The court will take its #1 rule in proceedings involving children -- do what is in the best interests of the child -- and apply it to its determination of child support. Unlike other proceedings like custody or visitation, whatever personal feelings and acrimony that exist between the parents are not a consideration -- it's all about numbers.

Child support schedule - Virginia: Va. Code § 20-108.2.

Mitigating factors: Va. Code § 20-108.1(B).

Child support schedule and mitigating factors - DC: D.C. Code § 16-916.01.

August 26, 2012

Civic Duty

by Philip Yabut in Uncategorized

Recently, I found myself back in DC Superior Court. Not for "court-sitting" or for a client, but for jury duty. Not even lawyers can get out of jury duty in DC, though it's a point of contention if many actually get selected for a trial. In DC, any citizen can be chosen for jury duty as long as there is no felony on their criminal record, and no one can be chosen again for 24 months.

Here's an account on how my day went.

8:10 am -- I got in line outside the Jurors Office with about 30 others waiting to check in.

8:25 am -- After checking in, you get sent to the jurors' lounge to wait until you are called for a trial. The lounge is brightly lit and fairly comfortable with a few amenities, including free wi-fi Internet access and a business center with access to fax and copy services.

8:52 am -- Finally watching the orientation video. It's long. There's an explanation of voir dire and a note not to take it personally if counsel uses a peremptory challenge to strike you.

10:00 am -- Watching the orientation video. Again. For the "9:30 group."

11:26 am -- The disembodied intercom voice finally calls a bunch of people out of the lounge to get empaneled on an actual jury.

12:00 noon -- Still here. Just wrote a blog post about Chick-Fil-A.

12:42 pm -- I can hear someone snoring loudly, even though I'm wearing headphones. A woman chuckles.

1:00 pm -- Lunch. Had a conversation with a client.

2:35 pm -- The disembodied intercom voice tells all jurors to assemble in the lounge for a "status report." People wonder if it means we're getting dismissed for the day.

2:47 pm -- Dismissed! For two years!

Without jurors, our justice system does not work. When you get a jury summons, don't just throw it out or ignore it -- show up. Or use the proper court procedures to get out of it if you absolutely need to.

August 19, 2012

From the Client Files: Voluntary Unemployment to Avoid Child Support

by Philip Yabut in child support

Child support is a big deal. State and local governments go to great lengths to protect the "best interests" of children, especially in family law statutes. So it's no surprise that just about every state has an "imputed income" provision in their child support guidelines.

Imputed income is simple -- if a non-custodial parent decides to voluntarily become unemployed or underemployed in for the purpose of lowering his/her support responsibilities, the court can assume the income that he/she would have made and add it to its child support determination. The reason is also simple -- to prevent unscrupulous people from cheating the system and to protect children from poverty.

It is always important to remember that child support payments are not for the benefit of the parent, but for the children. Often, children end up becoming pawns and innocent bystanders when parents fight over finances. Maybe if more parents thought about their children's well-being there would be a little less acrimony in child support cases.

D.C. Code § 16-916.01(d)(10): If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent's bad faith or deliberate effort to suppress income, to avoid or minimize the parent's child support obligation, or to maximize the other parent's obligation, the judicial officer may impute income to this parent and calculate the child support obligation based on the imputed income. The judicial officer shall not impute income to a parent who is physically or mentally unable to work or who is receiving means-tested public assistance benefits. The judicial officer shall issue written factual findings stating the reasons for imputing income at the specified amount.

Va. Code § 20-108.1(H): In any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title, Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy, the court in which the action is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the deposition of the person to be evaluated. The order shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law.

Brody v. Brody, 16 Va. App. 649, 432 S.E.2d 20 (1993). In an initial proceeding for child support, the unemployed/underemployed parent must prove that his/her situation was not voluntary. Also, if childcare is available, a unilateral decision to stay at home is not sufficient to show that unemployment is involuntary. Finally, the court can impute income from employment recently and voluntarily terminated.

Other cases: Virginia Divorce and Family Law Legal Resources at www.vadivorcelaw.net.

July 9, 2012

DUI 101: A Summary of Your Defense

by Philip Yabut in DUI

The repercussions of a DUI conviction can be severe. Not only can you face a fine and/or jail time, but you will likely lose your driving privileges for an extended period. So, of course, the best way to avoid a DUI conviction is simply to avoid drinking and driving.

But if you do somehow end up in a situation where you are charged with DUI, and you want to go to trial and not try to cut a plea deal for a lesser charge with the prosecution, there is a minefield to negotiate on your way to an acquittal. In your preparation for that undertaking, you should begin formulating your defense with the following points:

1. Visit the scene of the traffic stop and arrest and learn it backwards and forwards.

2. Know the specifics of the arrest and detention itself, paying close attention to possible 4th Amendment search and seizure violations.

3. In cross-examination, dissect the arresting officer's knowledge and administration of the Standard Field Sobriety Test for deficiencies.

Above all, be thorough. The standard is proof beyond a reasonable doubt, so even minor details that can question the evidence against you or your client can be important enough to result in an acquittal.

June 22, 2012

Adventures in Court-Sitting, Part II: DC Superior

by Philip Yabut in law firm management

On an extremely hot early summer morning, I embarked on my second day of courthouse self-orientation observation tours, this time the Superior Court of the District of Columbia. In short, it was an exercise in re-orientation and sampling the nuances of DC's trial court.

This wasn't the first time I had visited the H. Carl Moultrie Courthouse, but every time I go I am amazed by the controlled chaos inside. The courthouse is very reminiscent of a busy commuter train station. There is a grand central lobby with a giant message board listing all of the judges and their courtroom numbers. From that lobby you see wide hallways leading to rows of courtrooms, with plenty of seating for anyone waiting for their cases to come up, and each room's daily docket is usually taped on the wall next to the door. On a normal day, there are dozens of people milling around, conferring with their families and/or attorneys or simply waiting around in silence.

The courtrooms themselves are unique in that the gallery seats are nothing like church pews, but are padded with arms like in a movie theater. The room setup is circular, with a large round lit structure on the ceiling over the judge's bench, which makes it look like you're looking up inside the Hirshhorn Museum's "donut hole." I sat in on a morning criminal docket, so I saw a few shackled defendants being led in and out of the holding room for scheduling hearings and guilty pleas. There wasn't much else for me to see that morning, but it still was worth my time.

May 15, 2012

Building up vs. tearing down

by Philip Yabut in child custody

To say that child custody is a delicate matter is an understatement. Emotions run high whenever a child is in the middle of a dispute, and when a court has to get involved, the stakes are all that much higher.

A child custody hearing is essentially a trial, complete with opening and closing statements, witness testimony and exhibits. The object is the convince the judge that your proposed custody arrangement is is in the best interests of the child. The judge will look at the evidence and testimony and consult the local jurisdiction's guidelines as to what will be the best arrangement for the child. And absent evidence to the contrary, the default position is that the parents should have joint physical and legal custody.

Because this is such a touchy subject, it is easy to go ahead and try to demonize the other party and convince the judge that s/he is incompetent or incapable or something worse, and therefore would be unfit to have his/her proposed custody arrangement in place. Pointing out the other side's faults may work well in a political campaign, but in these matters it is much more important to try to paint yourself or your client in the best light possible. Do not get bogged down in telling the judge everything wrong with the other party -- instead, tell the judge why you are a good parent and rebut every point that the other side tries to charge against you through friendly witnesses and positive evidence.

Same-sex divorce in DC -- it's easier than you think

by Philip Yabut in gay marriage and divorce

At the time of this writing, only eight states and DC allow same-sex marriage. The corollary is that if a state does not recognize gay marriage, it (usually -- more on that in another post) will not help a same-sex couple get a divorce, and with so few gay-friendly jurisdictions it could be difficult to end a union that ends badly.

Fortunately, if you got married in DC, you're in luck. In March, the DC Council unanimously approved a bill that clears the way for routine gay divorce. The law goes a bit further by allowing a divorce even if one or neither party lives in DC, just as long as the marriage happened in the District and the parties live in a jurisdiction that will not let them get a legal divorce. And, finally, for legal gay marriages not performed in DC, the law allows for the a six-month residency requirement, tying it with Vermont for the shortest in the country.

The result of this law is that in DC gay couples seeking a divorce may now go through the normal process as their opposite-sex neighbors. For the full text of the law, click here.

January 12, 2012

Change a Judge Can Believe In

by Philip Yabut in child support, spousal support

National Park Service

To paraphrase the old philosopher Heraclitus, change is the only constant in the universe. Everything in nature is in continuous movement, and one never sees the exact same thing twice. You can go to the same spot overlooking the Grand Canyon a thousand times, but each visit is unique, a little (or a lot) different. No matter how similar it looks, if you examine your surroundings more closely, you'll find differences both obvious and subtle.

In family law, change is paramount in cases of child and spousal support. After the judge's initial support decree, the parties have two choices: live with it until it expires on its own, or try to amend it. Both the Virginia and District of Columbia codes provide for modification of support orders if the party asking for it can show a material change in circumstances. That change can be as major as a new (or loss of a) job, marriage, health problems -- or something as mundane as the passage of time. If you show the judge that things are different, you can get more (or be compelled to provide less) support for yourself or your children.

Support guidelines are generally mechanical in nature -- you both supply income and assets/liabilities information and, for the most part, the judge chooses the number that comes up. The judge has some leeway for extenuating circumstances like those I mentioned above. When you seek a support order modification, be sure to tell your attorney everything you can think of that can or actually does affect your financial status, no matter how mundane. Because even the smallest change can be significant.