Preparing for Depositions in Family Law Cases

Depositions can feel intimidating, especially for clients going through a divorce or custody case for the first time. The idea of being questioned under oath by your spouse’s attorney is understandably stressful. However, depositions are a common and manageable part of many Washington family law cases, and proper preparation can make the process far less daunting.

What Is a Deposition?

A deposition is a formal question-and-answer session conducted under oath, typically outside the courtroom (and nowadays often by Zoom). Depositions are used to gather information, clarify positions, and preserve testimony for potential use at trial. The questioning attorney asks questions, a court reporter records everything said, and your attorney is present to protect your rights. While the setting is less formal than a courtroom, the testimony carries the same legal weight as testimony given to a judge.

Why Depositions Are Used in Divorce and Custody Cases

Depositions are often used in more complex or contested cases. They may focus on financial issues such as income, assets, or debts, or on parenting issues such as daily routines, decision-making, or allegations raised in declarations. In some cases, a deposition helps the parties assess credibility and encourages settlement by clarifying strengths and weaknesses before trial.

What to Expect During a Family Law Deposition

Depositions usually take place in an attorney’s office or by Zoom. You will be sworn in, and questioning may last several hours, with breaks as needed. The questions may feel personal, especially in custody or divorce matters, but they are generally limited to issues relevant to the case. You are required to answer truthfully, but you are not required to guess, speculate, or volunteer extra information. Your attorney may object to certain questions, although most objections are preserved for later rather than stopping the question entirely.

Simple Tips to Prepare for Your Deposition

Preparation starts with talking with your attorney beforehand. Review the key issues in your case, including finances, parenting schedules, and any allegations that have been raised. Familiarize yourself with important documents such as tax returns, financial statements, or prior declarations so you are not caught off guard. Answer questions carefully and listen fully before responding. It is acceptable to pause, think, and ask for clarification if a question is confusing. If you do not know the answer or do not remember, it is appropriate to say so. Keep your answers concise. Depositions are not the place to argue your case or explain your entire story. Short, accurate answers reduce the risk of misunderstanding or mischaracterization later.

Behavior and Demeanor Matter

Your demeanor during a deposition can influence how your testimony is perceived. Remain calm, polite, and respectful, even if questions feel unfair or provocative. Avoid sarcasm or emotional reactions. Opposing counsel may test your patience, but staying composed strengthens your credibility.

Common Mistakes to Avoid

One of the most common mistakes is trying to “win” the deposition by over-explaining or debating the questioner. Another is guessing when unsure. Depositions are about accuracy, not persuasion. It is also important not to discuss your testimony with anyone other than your attorney during breaks unless advised otherwise.

Not every cases uses depositions, but they are a normal part of many Washington family law cases and do not need to be feared. With proper preparation, realistic expectations, and guidance from your attorney, you can navigate the process confidently and effectively. At Magnuson Lowell, P.S., we prepare our clients thoroughly for depositions and work to ensure the process is as smooth and stress-free as possible. We offer free telephone 425-800-0573 case evaluations to discuss your divorce or custody case and what to expect at every stage.

Often in divorces, a spouse’s earnings or their employability may be disputed in court. In those situations, a party may retain a vocational expert to provide an objective analysis. These experts can play a critical role in cases involving spousal maintenance, child support, or allegations of voluntary underemployment.

What Is a Vocational Expert?

A vocational expert is a professional trained to evaluate a person’s education, work history, skills, health, and labor market conditions to assess employability and earning capacity. In family law cases, vocational experts are often asked to determine whether a spouse is capable of working and, if so, what level of income they could reasonably earn.

When Vocational Experts Are Used in Washington Divorce Cases

Vocational experts are most commonly used when one spouse claims they cannot work or earns significantly less than they reasonably could. This frequently arises in cases involving long periods of unemployment, career changes, stay-at-home parenting arrangements, health claims, or disputes over spousal maintenance.

They are also used when a court must decide whether to impute income to a party for child support or maintenance purposes. If a judge finds that a party is voluntarily underemployed, income may be imputed based on the vocational expert’s findings rather than the person’s actual earnings.

How Vocational Experts Affect Child Support

In child support cases, Washington courts focus on each parent’s income or earning capacity. When a parent claims minimal income or unemployment, a vocational expert’s report may support or undermine that claim.

If the expert concludes that a parent could earn more based on their background and the job market, the court may impute income at that higher level. This can significantly change the child support calculation and future obligations.

How Vocational Experts Affect Spousal Maintenance

Vocational experts are also commonly used in spousal maintenance disputes. Their opinions can influence whether maintenance is awarded, how much is paid, and how long payments continue.

For example, an expert may determine how long it would reasonably take a spouse to become self-supporting through education, retraining, or re-entry into the workforce. Courts often rely on this analysis when setting maintenance duration.

What a Vocational Evaluation Involves

A vocational evaluation may include interviews, standardized testing, review of medical records, and labor market research. The evaluated spouse may be asked to provide résumés, employment records, and educational documentation.

The expert then prepares a written report summarizing findings and opinions. In contested cases, the expert may testify at deposition or trial.

Strategic Considerations Before Hiring a Vocational Expert

Not every divorce case requires a vocational expert. These evaluations can be expensive and are typically reserved for cases where income disputes materially affect support outcomes.

Before hiring an expert, it is important to consider whether the likely impact on child support or maintenance justifies the cost and whether other evidence may address the issue adequately.

Final Thoughts
Vocational experts can be powerful tools in Washington divorce cases involving income disputes, underemployment claims, or long-term support issues. When used appropriately, their analysis helps courts reach fair and informed decisions based on earning capacity rather than speculation.

At Magnuson Lowell, P.S., we regularly work with vocational experts in complex family law cases. We offer free telephone case evaluations to help you determine whether a vocational evaluation may be useful in your divorce or support matter.

One of the most common questions parents ask during or after a divorce is when child support actually ends. Many parents assume support automatically stops on a child’s 18th birthday, but in Washington, the answer is often more nuanced. While there is a “typical” way child support is handled, Washington courts have broad discretion to extend child support obligations in certain circumstances.

Understanding how and when child support terminates can help parents plan financially and avoid surprises.

The Typical Order: Age 18 or High School Graduation

In most typical Washington divorces, the Court often orders that child support will end when a specific child either turns 18 or graduates from high school, whichever happens later. This rule reflects the state’s recognition that many children are still financially dependent on their parents while completing high school.

For example, if a child turns 18 during their senior year of high school, child support typically continues until graduation. Conversely, if a child graduates at 17, support will usually continue until the child turns 18.

This termination date is often written directly into the child support order so both parents know when support is expected to end.

Post-Secondary Educational Support

Washington courts have discretion to order post-secondary (college or trade school, etc.) educational support, which can extend child support beyond high school graduation and age 18.

This type of support is not automatic. A parent seeking post-secondary support must usually ask the court to extend child support and present evidence that may include:

• The child’s academic performance and educational goals
  
  
• The child’s age and aptitude
  
  
• The financial resources of both parents
  
  
• The child’s own ability to contribute through work, scholarships, or grants

Post-secondary support can include contributions toward tuition, housing, books, fees, healthcare, travel, and more. Courts may also place limits on duration, academic performance, or enrollment status. Again, the Courts have broad discretion to ensure the child is properly supported even during college.

Child Support for Children with Disabilities or Other Circumstances

Since the Court has broad authority regarding Child Support, if they feel the child has circumstances where it is unlikely they will be able to support themselves beyond their 18th birthday or high school, the Court may extend it for a longer period. While most often this applies to children with disabilities, the Court may apply this is any reasonable situation.

In these cases, courts focus on the child’s ongoing needs rather than age alone. Support may be extended pending health developments or for a defined period, depending on the child’s condition, ability to work, and required level of care. This scenario is highly fact dependent.

Every child support order is different. Some include a clear termination date; others require additional court action. Some anticipate post-secondary support, while others are silent on the issue. Some Orders will reserve post-secondary support requiring you to take affirmative action before ethe Child Support Order is terminated for a chance to update the Order.

If you are considering divorce or have questions about child support, it may be important to seek legal advice before making assumptions that could affect your finances or child’s future. At Magnuson Lowell, P.S., we help parents navigate child support issues at every stage, including termination, modification, and post-secondary support. We offer free telephone case evaluations to discuss your situation and next steps. Call today for a free telephone case evaluation 425-800-0582.