AN ACT
Relating to technical and clarifying amendments to domestic relations
provisions; and amending RCW 26.09.006, 26.09.170, 26.09.175, 26.10.015,
26.18.220, 26.19.035, 26.26.065, 26.26.160, and 26.09.060.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.09.006 and 1990 1st ex.s. c 2 s 26 are each amended to read as follows:
(1)
Effective January 1, 1992, a party shall not file any pleading with the clerk
of the court in an action commenced under this chapter unless on forms approved
by the administrator for the courts.
(2)
The parties shall comply with requirements for submission to the court of forms
as provided in RCW 26.18.220.
Sec.
2. RCW
26.09.170 and 1991 sp.s. c 28 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 be modified: (a) Only
as to installments accruing subsequent to the ((motion)) petition
for modification or motion for adjustment except motions to compel
court-ordered adjustments, which shall be effective as of the first date
specified in the decree for implementing the adjustment; and, (b)
except as otherwise provided in subsections (4), (5), (8), and (9) 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 RCW 26.19.011 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)) adjustment by filing a motion and child
support worksheets.
(b) ((Parents
whose decrees are entered before 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)) motion for ((modification)) an
adjustment under (a) of this subsection may be filed.
(((d)))
(c) If, pursuant to (a) of this subsection or subsection (9) of this
section, the court adjusts or 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))
motion for ((modification)) an adjustment under (a) of
this subsection may be filed.
(((e)))
(d) A parent who is receiving transfer payments who receives a wage or
salary increase may not bring a modification action pursuant to (((a))) subsection
(1) of this ((subsection)) section alleging that increase
constitutes a substantial change of circumstances ((under subsection (1) of
this section)).
(9) An
order of child support may be ((modified)) adjusted twenty-four
months from the date of the entry of the decree or the last adjustment or
modification, whichever is later, based upon changes in the economic table or
standards in chapter 26.19 RCW.
Sec.
3. RCW
26.09.175 and 1991 c 367 s 6 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 and worksheets. The petition 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.
(2)
The petitioner shall serve upon the other party the summons, a copy of the
petition, and the 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 or the state has a subrogated
interest under RCW 74.20A.030, the summons, petition, and worksheets shall also
be served on the attorney general. Proof of service shall be filed with the
court.
(3)
The responding party's answer and worksheets shall be served and the answer
filed within twenty days after service of the petition 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
26.10.015 and 1990 1st ex.s. c 2 s 27 are each amended to read as follows:
(1)
Effective January 1, 1992, a party shall not file any pleading with the clerk
of the court in an action commenced under this chapter unless on forms approved
by the administrator for the courts.
(2)
The parties shall comply with requirements for submission to the court of forms
as provided in RCW 26.18.220.
Sec.
5. RCW
26.18.220 and 1990 1st ex.s. c 2 s 25 are each amended to read as follows:
(1)
The administrator for the courts shall develop not later than July 1, 1991,
standard court forms and format rules for mandatory use by litigants in
all actions commenced under chapters 26.09, 26.10, and 26.26 RCW effective
January 1, 1992. The administrator for the courts shall develop mandatory
forms for financial affidavits for integration into the worksheets. The forms
shall be developed and approved not later than September 1, 1992. The parties
shall use the mandatory form for financial affidavits for actions commenced on
or after September 1, 1992. The administrator for the courts has continuing
responsibility to develop and revise mandatory forms and format rules as
appropriate.
(2)
A party may delete unnecessary portions of the forms according to the rules
established by the administrator for the courts. A party may supplement the
mandatory forms with additional material.
(3)
A party's failure to use the mandatory forms or follow the format rules shall
not be a reason to dismiss a case, refuse a filing, or strike a pleading.
However, the court may require the party to submit a corrected pleading and may
impose terms payable to the opposing party or payable to the court, or both.
(4)
The administrator for the courts shall distribute a master copy of the forms to
all county court clerks. The administrator for the courts and county clerks
shall distribute the mandatory forms to the public upon request and may charge
for the cost of production and distribution of the forms. Private vendors may
distribute the mandatory forms. Distribution may be in printed or electronic
form.
Sec.
6. RCW
26.19.035 and 1991 c 367 s 27 are each amended to read as follows:
(1) Application
of the child support schedule. The child support schedule shall be
applied:
(a) In
each county of the state;
(b) In
judicial and administrative proceedings under this title or Title 13 or 74 RCW;
(c) In
all proceedings in which child support is determined or modified;
(d) In
setting temporary and permanent support;
(e) In
automatic modification provisions or decrees entered pursuant to RCW 26.09.100;
and
(f) In
addition to proceedings in which child support is determined for minors, to
adult children who are dependent on their parents and for whom support is
ordered pursuant to RCW 26.09.100.
The
provisions of this chapter for determining child support and reasons for
deviation from the standard calculation shall be applied in the same manner by
the court, presiding officers, and reviewing officers.
(2) Written
findings of fact supported by the evidence. An order for child support
shall be supported by written findings of fact upon which the support
determination is based and shall include reasons for any deviation from the
standard calculation and reasons for denial of a party's request for deviation
from the standard calculation. The court shall enter written findings of
fact in all cases whether or not the court: (a) Sets the support at the
presumptive amount, for combined monthly net incomes below five thousand
dollars; (b) sets the support at an advisory amount, for combined monthly net
incomes between five thousand and seven thousand dollars; or (c) deviates from
the presumptive or advisory amounts.
(3) Completion
of worksheets. Worksheets in the form developed by the office of the
administrator for the courts shall be completed under penalty of perjury and
filed in every proceeding in which child support is determined. The court
shall not accept incomplete worksheets or worksheets that vary from the
worksheets developed by the office of the administrator for the courts.
(4) Court
review of the worksheets and order. The court shall review the worksheets
and the order setting support for the adequacy of the reasons set forth for any
deviation or denial of any request for deviation and for the adequacy of the
amount of support ordered. Each order shall state the amount of child support
calculated using the standard calculation and the amount of child support
actually ordered. Worksheets shall be attached to the decree or order or if
filed separately shall be initialed or signed by the judge and filed with the
order.
Sec.
7. RCW
26.26.065 and 1990 1st ex.s. c 2 s 28 are each amended to read as follows:
(1)
Effective January 1, 1992, a party shall not file any pleading with the clerk
of the court in an action commenced under this chapter unless on forms approved
by the administrator for the courts.
(2)
The parties shall comply with requirements for submission to the court of forms
as provided in RCW 26.18.220.
Sec.
8. RCW
26.26.160 and 1989 c 360 s 36 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section the court has continuing
jurisdiction to prospectively modify a judgment and order for future education
and future support, and with respect to matters listed in RCW 26.26.130 (3) and
(4), and RCW 26.26.150(2) upon showing a substantial change of circumstances.
The procedures set forth in RCW 26.09.175 shall be used in modification
proceedings under this section.
(2) A
judgment or order entered under this chapter may be modified without a showing
of substantial change of circumstances upon the same grounds as RCW 26.09.170
permits support orders to be modified without a showing of a substantial change
of circumstance.
(3)
The court may modify a parenting plan or residential provisions adopted
pursuant to RCW 26.26.130(6) in accordance with the provisions of chapter 26.09
RCW.
Sec.
9. RCW
26.09.060 and 1989 c 360 s 37 are each amended to read as follows:
(1) In
a proceeding for:
(a)
Dissolution of marriage, legal separation, or a declaration of invalidity; or
(b)
Disposition of property or liabilities, maintenance, or support following
dissolution of the marriage by a court which lacked personal jurisdiction over
the absent spouse; either party may move for temporary maintenance or for
temporary support of children entitled to support. The motion shall be
accompanied by an affidavit setting forth the factual basis for the motion and
the amounts requested.
(2) As
a part of a motion for temporary maintenance or support or by independent
motion accompanied by affidavit, either party may request the court to issue a
temporary restraining order or preliminary injunction, providing relief proper
in the circumstances, and restraining or enjoining any person from:
(a)
Transferring, removing, encumbering, concealing, or in any way disposing of any
property except in the usual course of business or for the necessities of life,
and, if so restrained or enjoined, requiring him to notify the moving party of
any proposed extraordinary expenditures made after the order is issued;
(b)
Molesting or disturbing the peace of the other party or of any child and, upon
a showing by clear and convincing evidence that the party so restrained or
enjoined has used or displayed or threatened to use a deadly weapon as defined
in RCW 9A.04.110 in an act of violence or has previously committed acts of
domestic violence and is likely to use or display or threaten to use a deadly
weapon in an act of domestic violence, requiring the party to surrender any
deadly weapon in his immediate possession or control or subject to his
immediate possession or control to the sheriff of the county having
jurisdiction of the proceeding or to the restrained or enjoined party's counsel
or to any person designated by the court. The court may order temporary
surrender of deadly weapons without notice to the other party only if it finds
on the basis of the moving affidavit or other evidence that irreparable injury
could result if an order is not issued until the time for response has elapsed;
(c)
Entering the family home or the home of the other party upon a showing of the
necessity therefor;
(d)
Removing a child from the jurisdiction of the court.
(3)
The court may issue a temporary restraining order without requiring notice to
the other party only if it finds on the basis of the moving affidavit or other
evidence that irreparable injury could result if an order is not issued until
the time for responding has elapsed.
(4)
The court may issue a temporary restraining order or preliminary injunction and
an order for temporary maintenance or support in such amounts and on such terms
as are just and proper in the circumstances. The court may in its
discretion waive the filing of the bond or the posting of security.
(5)
Restraining orders issued under this section restraining the person from
molesting or disturbing another party or from entering a party's home shall
bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A
CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(6)
The court may order that any temporary restraining order granted under this
section be forwarded by the clerk of the court on or before the next judicial
day to the appropriate law enforcement agency specified in the order. Upon
receipt of the order, the law enforcement agency shall forthwith enter the
order for one year into any computer-based criminal intelligence information
system available in this state used by law enforcement agencies to list
outstanding warrants. Entry into the law enforcement information system
constitutes notice to all law enforcement agencies of the existence of the
order. The order is fully enforceable in any county in the state.
(7) A
temporary order, temporary restraining order, or preliminary injunction:
(a)
Does not prejudice the rights of a party or any child which are to be
adjudicated at subsequent hearings in the proceeding;
(b)
May be revoked or modified;
(c)
Terminates when the final decree is entered, except as provided under
subsection (8) of this section, or when the petition for dissolution, legal
separation, or declaration of invalidity is dismissed;
(d)
May be entered in a proceeding for the modification of an existing decree.
(8)
Delinquent support payments accrued under an order for temporary support remain
collectible and are not extinguished when a final decree is entered unless the
decree contains specific language to the contrary. A support debt under a
temporary order owed to the state for public assistance expenditures shall not
be extinguished by the final decree if:
(a)
The obligor was given notice of the state's interest under chapter 74.20A RCW;
or
(b)
The temporary order directs the obligor to make support payments to the office
of support enforcement or the Washington state support registry.
