WA Bar Washington Family Law 2 — Questions and Answers
Question 1: Under Washington law, which of the following is NOT a factor courts consider when awarding spousal maintenance (alimony)?
- The standard of living during the marriage
- The financial resources of the spouse seeking maintenance
- The fault of either spouse in the breakdown of the marriage (Correct answer)
- The duration of the marriage
Correct answer: The fault of either spouse in the breakdown of the marriage
Washington is a no-fault state — RCW 26.09.090 lists factors for maintenance but expressly excludes marital fault as a consideration.
Question 2: In Washington, a third party (grandparent) seeking visitation rights over a parent's objection must show:
- That visitation is in the child's best interest is presumed and the parent must rebut it
- Clear and convincing evidence of parental unfitness
- That denial of visitation would harm the child, overcoming the presumption that fit parents act in their child's best interest (Correct answer)
- Only that a significant relationship exists between the grandparent and child
Correct answer: That denial of visitation would harm the child, overcoming the presumption that fit parents act in their child's best interest
Following Troxel v. Granville, Washington courts presume that fit parents' decisions regarding visitation are in the child's best interest, and third parties must overcome this presumption.
Question 3: Under Washington's Uniform Parentage Act, a voluntary acknowledgment of paternity signed by both parents has what legal effect?
- Creates a rebuttable presumption of paternity only
- Has the same force as a court judgment establishing parentage after 60 days (Correct answer)
- Requires subsequent court approval to be enforceable
- Establishes paternity only for birth certificate purposes
Correct answer: Has the same force as a court judgment establishing parentage after 60 days
Under RCW 26.26A.235, a signed and notarized acknowledgment of paternity becomes a legal finding equivalent to a court judgment after 60 days, with very limited grounds for rescission thereafter.
Question 4: Washington's community property laws require what disposition of community property debts upon dissolution?
- All community debts are automatically discharged
- Community debts are divided equitably by the court, which may allocate responsibility to one spouse (Correct answer)
- Each spouse is always equally responsible for 50% of all community debts
- Community debts follow the asset they were incurred to purchase
Correct answer: Community debts are divided equitably by the court, which may allocate responsibility to one spouse
Under RCW 26.09.080, the court divides community debts equitably, which may include assigning debts to a particular spouse, though creditors are not bound by the divorce decree.
Question 5: In Washington, a court may modify a final parenting plan based on a showing of:
- Any change in circumstances since the original order
- A substantial change in the circumstances of the child or either parent (Correct answer)
- Either parent's desire for more parenting time
- The child's stated preference regardless of other factors
Correct answer: A substantial change in the circumstances of the child or either parent
Under RCW 26.09.260, modification of a final parenting plan requires a threshold showing of a substantial change in circumstances, protecting stability for the child.
Question 6: Under Washington law, at what age does a child's preference regarding custody become a significant factor courts consider?
- Any age if the child can articulate a preference
- Age 12 (Correct answer)
- Age 14
- Age 16
Correct answer: Age 12
While there is no specific statutory age, Washington courts give increasing weight to a child's preference by age 12, when the child is deemed mature enough to express a reasoned preference.
WA Bar Washington Family Law 2
Under Washington law, which of the following is NOT a factor courts consider when awarding spousal maintenance (alimony)?