H-1820

AN ACT Relating to child support and maintenance; and amending RCW 26.09.010, 26.09.170, 26.09.175, 26.09.225, and 26.09.280.

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

Sec. 1. RCW 26.09.010 and 1989 c 375 s 1 are each amended to read as follows:

(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.

(2) A proceeding for dissolution of marriage, legal separation or a declaration concerning the validity of a marriage shall be entitled "In re the marriage of .......... and ..........." Such proceeding may be filed in the superior court of the county where the petitioner resides.

(3) In cases where there has been no prior proceeding in this state involving the marital status of the parties or support obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re the parenting and support of ..........." Such proceeding may be filed in the superior court of the county where the petitioner resides.

(4) The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.

(5) In this chapter, "decree" includes "judgment".

(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed.

Sec. 2. RCW 26.09.170 and 1990 1st ex.s. c 2 s 2 are each amended to read as follows:

(1) Except as otherwise provided in subsection (7) of RCW 26.09.070, the provisions of any decree respecting maintenance or support ((~~may~~)) shall be modified ((~~only~~)) as to installments accruing subsequent to the filing of the motion for modification only and, except as otherwise provided in subsections (4), (5), and (8) of this section, 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.

(2) 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.

(3) 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.

(4) An order of child support may be modified one year or more after it has been entered without showing a substantial change of circumstances:

(a) If the order in practice works a severe economic hardship on either party or the child;

(b) If a party requests an adjustment in an order for child support which was based on guidelines which determined the amount of support according to the child's age, and the child is no longer in the age category on which the current support amount was based;

(c) If a child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or

(d) To add an automatic adjustment of support provision consistent with RCW 26.09.100.

(5) An order or decree entered prior to June 7, 1984, may be modified without showing a substantial change of circumstances if the requested modification is to:

(a) Require health insurance coverage for a child named therein; or

(b) Modify an existing order for health insurance coverage.

(6) An obligor's voluntary unemployment or voluntary underemployment, by itself, is not a substantial change of circumstances.

(7) The department of social and health services may file an action to modify an order of child support if public assistance money is being paid to or for the benefit of the child and the child support order is twenty-five percent or more below the appropriate child support amount set forth in the standard calculation as defined in section 4(2) of this act and reasons for the deviation are not set forth in the findings of fact or order. The determination of twenty-five percent or more shall be based on the current income of the parties and the department shall not be required to show a substantial change of circumstances if the reasons for the deviations were not set forth in the findings of fact or order.

(8)(a) Except as provided in (b) and (c) of this subsection, all child support decrees may be adjusted once every twenty-four months based upon changes in the income of the parents without a showing of substantially changed circumstances. Either party may initiate the modification pursuant to procedures of RCW 26.09.175.

(b) Parents whose decrees are entered before ((~~the effective date of this act~~)) July 1, 1990, may petition the court for a modification after twelve months has expired from the entry of the decree or the most recent modification setting child support, whichever is later. However, if a party is granted relief under this provision, twenty-four months must pass before another petition for modification may be filed pursuant to (a) of this subsection.

(c) A party may petition for modification in cases of substantially changed circumstances, under subsection (1) of this section, at any time. However, if relief is granted under subsection (1) of this section, twenty-four months must pass before a petition for modification under (a) of this subsection may be filed.

(d) If, pursuant to (a) of this subsection, the court modifies a child support obligation by more than thirty percent and the change would cause significant hardship, the court may implement the change in two equal increments, one at the time of the entry of the order and the second six months from the entry of the order. Twenty-four months must pass following the second change before a petition for modification under (a) of this subsection may be filed.

(e) A parent who is receiving transfer payments who receives a wage or salary increase may not bring a modification action pursuant to (a) of this subsection alleging that increase constitutes a substantial change of circumstances under subsection (1) of this section.

Sec. 3. RCW 26.09.175 and 1990 1st ex.s. c 2 s 3 are each amended to read as follows:

(1) A proceeding for the modification of an order of child support shall commence with the filing of a petition((~~, a supporting financial affidavit,~~)) and worksheets or by service of a copy of a summons together with a copy of the petition on the person responding to the modification action. The petition and ((~~affidavit~~)) worksheets shall be in ((~~substantially~~)) the form prescribed by the administrator for the courts. There shall be a fee of twenty dollars for the filing of a petition for modification of dissolution. If a proceeding was commenced by service upon the person responding to the modification action, upon written demand by the responding party, the person seeking the modification shall pay the filing fee and file the summons, petition, and worksheets within fourteen days after service of the demand or the service shall be void. The state of Washington shall not be required to pay the filing fee as provided in RCW 74.20.300.

(2) If the proceeding has been commenced by the filing of a petition, the ((~~petitioner~~)) party seeking modification shall serve upon the other party the summons, a copy of the petition and ((~~affidavit~~)) worksheets, and a blank ((~~copy of a financial affidavit and the~~)) set of worksheets in the form prescribed by the administrator for the courts. If the modification proceeding is the first action filed in this state, service shall be made by personal service. If the decree to be modified was entered in this state, service shall be by personal service or by any form of mail requiring a return receipt. If the support obligation has been assigned to the state pursuant to RCW 74.20.330 ((~~and notice has been filed with the court~~)) or the state has a subrogated interest under RCW 74.20A.030, the summons, petition, ((~~affidavit,~~)) and worksheets shall also be served on the attorney general. Proof of service shall be filed with the court.

(3) If the proceeding was commenced by filing of a petition, the responding party's written answer and completed ((~~financial affidavit and~~)) worksheets shall be served upon the person signing the summons and the answer filed within twenty days after service of the summons and petition or sixty days if served out of state. If the proceeding was commenced by service of a summons together with a copy of the petition, the responding party shall respond to the summons and petition by serving a copy of the written response on the person signing the summons within twenty days after the date the summons was served on the responding party or sixty days if served out of state. The responding party's failure to file an answer within the time required shall result in entry of a default judgment for the petitioner.

(4) At any time after responsive pleadings are filed, either party may schedule the matter for hearing.

(5) Unless both parties stipulate to arbitration or the presiding judge authorizes oral testimony pursuant to subsection (6) of this section, a petition for modification of an order of child support shall be heard by the court on affidavits, the petition, answer, and worksheets only.

(6) A party seeking authority to present oral testimony on the petition to modify a support order shall file an appropriate motion not later than ten days after the time of notice of hearing. Affidavits and exhibits setting forth the reasons oral testimony is necessary to a just adjudication of the issues shall accompany the petition. The affidavits and exhibits must demonstrate the extraordinary features of the case. Factors which may be considered include, but are not limited to: (a) Substantial questions of credibility on a major issue; (b) insufficient or inconsistent discovery materials not correctable by further discovery; or (c) particularly complex circumstances requiring expert testimony.

(7) The administrator for the courts shall develop and prepare, in consultation with interested persons, model forms or notices for the use of the procedure provided by this section, including a notice advising of the right of a party to proceed with or without benefit of counsel.

Sec. 4. RCW 26.09.225 and 1990 1st ex.s. c 2 s 18 are each amended to read as follows:

Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Educational records include records of public and private schools in all grades kindergarten through twelve and any form of alternative school or postsecondary educational institution for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records. Neither parent may veto the access requested by the other parent and neither parent nor child nor any educational institution nor health care provider may assert a privilege on behalf of the child.

Sec. 5. RCW 26.09.280 and 1987 c 460 s 20 are each amended to read as follows:

((~~Hereafter~~)) Every action or proceeding to change, modify, or enforce any final order, judgment, or decree ((~~heretofore or hereafter~~)) entered in any dissolution or legal separation or declaration concerning the validity of a marriage, whether under this chapter or prior law, ((~~in relation to~~)) regarding the parenting plan or child support for the minor children of the marriage may be brought in the county where ((~~said~~)) the minor children are then residing, or in the court in which ((~~said~~)) the final order, judgment, or decree was entered, or in the county where the parent or other person who has the care, custody, or control of the ((~~said~~)) children is then residing.