Hiring the Right Family Attorney.

Family law often involves too much conflict and litigation, whether it is a divorce or unmarried parents establishing a parenting plan, or adjusting child support to changing incomes.  As long as the attorneys on both sides do their jobs, the court is likely to apply the statutes and case law in a very predictable way. 

If the other party begins intensely litigating to put “their” facts before the court, then you must respond with equal intensity to put your facts before the court.  As long as each side does their job getting their facts to the court, then you are right back to where you began, getting the same decision you would have gotten before the intense litigation began.

This is why so many family law clients appreciate Craig Mason as their family law attorney.  Mr. Mason seeks amicable resolution as his first approach to his cases, and he often finds creative ways to formulate agreements that meet the needs of both parties.  However, if the other party, or the opposing attorney, insist upon intense litigation and a “war over the facts,” Craig Mason will work very hard to help you present the documents and witnesses you need to make sure your side of the story is told, so that the court can make a fair decision.

Quashing a Restraining Order.

Okay, so perhaps you got hit with a disturbing piece of paper to start the New Year…a restraining order.  Seriously, why now?  It does not matter when it happens, it hurts all the same.  You may feel distraught, but you are definitely NOT powerless!  It’s time to fight back and quash that restraining order.

If you act quickly in concert with a great family law attorney you can set in motion the process to quash any “no-notice” order on two-days’ notice to the other side.  Sometimes it can happen even more quickly than that, if you can get your defense together right away.  It is important to get to court BEFORE the hearing date set in the order.  For example, when an ex-parte order is served up to fourteen days before your hearing, and if you are restrained from your children, you do not want to wait that long to see them.

All of this may be overwhelming to the layman, but not to a veteran family lawyer.  The right man to call and take immediate action is Spokane restraining order attorney Craig Mason.  Attorney Mason will “go to bat for you” right away.  So do not hesitate even one day.  Call Spokane, WA family lawyer Craig Mason at (509) 443-3681.

Starting 2017 with the Right Attorney.

If you have a family legal issue on your mind as the New Year begins we know it is a heavy burden to take into 2017.  Just as marriage is a part of most lives, unfortunately divorce is also a part of about half of those lives.  Approach this situation with a fresh perspective.  Separation or divorce may be inevitable this year, and hiding your head in the sand won’t change that.

Maybe you have already encountered the first step in the process - the realization that this union is no longer best for you or your family.  You have jumped the first hurdle.  Now you must prepare for life as it will be in the months and years to come.  That cannot be done without professional representation and the right family attorney to represent you in court.

When it pertains to the divorce courts of Spokane and Eastern Washington hundreds of men and women have trusted the services of Craig Mason.  For decades this Spokane area family attorney has helped people navigate through the system to get the most favorable and fairest results possible.

Contact Craig early in the New Year to meet at his office at 1707 W. Broadway.  Call (509) 443-3681.

Parenting Plans on the Holidays

Hopefully everyone got along for the holidays, and all the visitation happened as it was supposed to under your parenting plan.  If the other parent was not cooperative, you are to be congratulated for waiting until after the holidays to seek relief in the courts.  It is very hard to be cheated out of parenting time, and it is even more emotionally freighted during the holidays.

If you do need to file a contempt of court (or defend against an unjustified attempt to hold you in contempt), remember that a contempt of court is a willful violation of a court order, without good excuse.  Most court orders are plainly worded, and so the violation is clear.  Next, the good excuse and willfulness elements interact most of the time.  Perhaps someone accidentally violated the parenting plan, but that is not likely.  More likely, the person violating the order thinks he or she has a good excuse, and the other side thinks the violation was simply a willful desire for the violator to get their way, despite the court orders.

Spokane Washington family attorney Craig Mason will sit down with you to explore these contempt issues.  Mr. Mason has years of experience in bringing and defending contempt actions.  You want and need an experienced representative who knows his way around Spokane County family court.  Give him a call to set up your initial consultation at (509) 443-3681.

Division of Property in Washington State.

In dividing property in Washington State, the court will “characterize” property as community property (acquired by the labor of the marriage partners, or by gift during the relationship) or as separate property (owned before marriage, such as a business, or received as gift to just one spouse even if during the marriage, such as an inheritance).

The court will make a “just an equitable distribution" of both kinds of property. Community property will certainly be divided.  As to separate property, the court may respect the “separate character” of something like a pre-existing business, and leave it with the person who owned that asset prior to marriage, or the court may give the separate property of one spouse to the other spouse at dissolution.  Many factors will be considered by the court, from length of marriage and earning power of each spouse, to who has the children, to something like an award of property instead of a spousal maintenance award.  (HINT:  This is also why a good pre-nuptial property agreement is wise.)

Craig Mason has been a Spokane area family lawyer for decades and will help “your side” sort it out.  Craig has long been a strong defender of his client’s rights in divorce disputes as a practitioner of family law from his office on 1707 W. Broadway in Spokane WA.  DO NOT go into a division of property dispute without representation.  Call attorney Craig Mason at (509) 443-3681.

Types of Restraining Orders.

There are three types of restraining orders that can typically occur in a family law action:   Anti-harassment (RCW 10.14), Domestic Violence (RCW 26.50); or civil restraints issued under the dissolution (RCW 26.09).

If there is a danger or physical harm or other irreparable harm, then you or your attorney can get an order good for up to 2 weeks without notice to the other side (based upon the possibility that the opposing party will commit the irreparable harm before the order prohibiting it can be issued on normal hearing times).  These “no notice” restraining orders are called “ex parte” orders, because you get to go to the court without the normal two-week notice to the other party, and without the other side having a chance to tell their side of the story before the emergency order is issued by the court.

Unfortunately, because these orders can allow the person making the allegations an opportunity to grab the children and the home without notice, they can be abused.  In which case you need to quickly gather your facts and bring a “motion to quash” the restraints.

Craig Mason will aggressively fight for you to get your facts to the court, whether you have legitimate concerns, or you have been abusively restrained.  Call him today to arrange for a free consultation at his Spokane office at (509) 443-3681.

Child Support Modifications

Child support orders can be an afterthought after a dissolution in which the parenting plan was the focus of the litigation.  Sometimes they can be unfair, and a party will seek to modify the child support order as soon as the law allows.  Other times, there can be a substantial change in the financial condition of one parent or the other, perhaps even immediately after the decree was entered.

In Washington, either parent can petition to modify child support at any time (even immediately after final orders in the dissolution) if there has been a substantial change in circumstances.  Otherwise, after a year, there is no need to show a substantial change in circumstances if the order is working a “severe hardship” on either party or the child, or if the child has moved into a new age category (or if post-secondary support – college support – is now requested).  After two years, either parent may modify the child support order simply due to changes in the incomes of either parent, or if the economic tables used to calculate support have changed.  (This type of change in child support may only be sought every two years, at the soonest.)

To negotiate the complexities of pursuing, or defending, a child support modification, contact Craig Mason of Mason Law in Spokane, WA at 509-443-3681.