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Posts from the ‘Family Law Section’ Category

23
Mar

Court of Appeals Interprets ‘Proceeds’ Attached by Attorney Lien in Dissolution Case

Gavel and Benjamins

Division I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child support by the husband to the wife and a separate property settlement under which the husband made monthly payments to the wife for her share of the couple’s business. The wife’s attorney withdrew following the resolution and filed a lien for fees. In light of the lien, the husband paid the amounts due under the property settlement into the court. Represented by new counsel, the wife challenged her former lawyer’s lien over the funds the husband had deposited into the court.

The trial court concluded that the funds involved were not subject to the lien. The Court of Appeals, however, concluded that the property settlement funds were “proceeds” capable of being attached by the lien and reversed.

Gavel and BenjaminsDivision I of the Washington Court of Appeals recently interpreted the term “proceeds” to which an attorney lien attached in a dissolution case. Matter of Marriage of Shulikov, 2017 WL 3476783 (Wn. App. Aug. 14, 2017) (unpublished), involved a dissolution case that had settled in trial court. The resolution involved payments of maintenance and child support by the husband to the wife and a separate property settlement under which the husband made monthly payments to the wife for her share of the couple’s business. The wife’s attorney withdrew following the resolution and filed a lien for fees. In light of the lien, the husband paid the amounts due under the property settlement into the court. Represented by new counsel, the wife challenged her former lawyer’s lien over the funds the husband had deposited into the court.

The trial court concluded that the funds involved were not subject to the lien. The Court of Appeals, however, concluded that the property settlement funds were “proceeds” capable of being attached by the lien and reversed. Read more »

2
Nov

Social Security and the 10-Year Marriage Rule

divorce
Social Security benefits may not be on clients’ minds when getting divorced, but one critical timing mistake could cost them a bundle.

divorceSocial Security retirement benefits may not be the first thing on your clients’ minds when they are getting divorced, especially if they are younger. The right to Social Security benefits is a federal entitlement not affected by state law, and rarely discussed much during divorce. But one critical timing mistake could cost your client a bundle down the road. Read more »

14
Aug

Religious Freedom Includes Right to Believe in Sanctity of Gay Marriage

WSBA Board of Governors President Anthony Gipe responds to member comments on gay marriage.

Close up of rainbow-colored stained glass

I normally use my blog posts to discuss and expand on my guest writers and the topics they are discussing. However, the June article that Barb Rhoads-Weaver and I co-wrote in NWLawyer prompted a couple of letters to the editor that I would like to respond to instead. Read more »

10
Jun

Amendments to the Rules of Professional Conduct – Your Comments Are Needed

 

Hands typing on computer
Give us your feedback on the proposed RPC amendments.

Hands typing on computer

Washington state is making national news with the introduction of Limited License Legal Technicians. Washington will be the first U.S. jurisdiction to license legal technicians, but a number of states are already studying Washington’s model for possible adoption. Legal technicians are authorized to provide legal advice within the limited scope described in Regulation 2 of the APR 28 Appendix. Read more »

6
Apr

The Cost of Education: Post-Secondary Support in Family Law

How rising tuition costs affect post-secondary educational support.

The issue of post-secondary support is a hot topic in family law. Over the past five to ten years, tuition has skyrocketed nationally, but particularly in Washington. Here, it increased 67.3% in the five years before 2012. For the 2013 UW class, tuition had increased 82 percent over the prior four years.

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