S-701                 _______________________________________________

                                                   SENATE BILL NO. 3323

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Wojahn, Lee, Moore, Talmadge, Halsan, DeJarnatt and Bottiger

Read first time 1/24/85 and referred to Committee on Judiciary.

AN ACT Relating to child support; and amending RCW 26.09.100 and 26.09.170.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 10, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.100 are each amended to read as follows:

          In a proceeding ((for dissolution of marriage, legal separation, declaration of invalidity, maintenance, or child support)) under this chapter, after considering all relevant factors but without regard to marital misconduct, the court may order either or both parents owing a duty of support to any child of the marriage dependent upon either or both spouses to pay an amount reasonable or necessary for his support.

Every support order shall state the income of the parents, if known, or that their income is unknown and, if support is set in an amount inconsistent with the support guidelines then in effect, shall contain a specific finding setting forth the reasons for the inconsistency.

The court shall not approve a child support order unless the child support amount is reasonable under all of the circumstances.

        Sec. 2.  Section 17, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.170 are each amended to read as follows:

          Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of a substantial change of circumstances.  The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.

Agreements to modify or terminate a child support order shall be effective only if incorporated in a court order, and such court order shall operate prospectively only.  Before entry of a support order, notice must be given to all parties with an interest in the support.

          Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

          Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child or by the death of the parent obligated to support the child.