S-1139.2 _______________________________________________
SENATE BILL 5852
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State of Washington 55th Legislature 1997 Regular Session
By Senators Spanel, Long, Fairley, Roach, Haugen, McCaslin and Kohl
Read first time 02/17/97. Referred to Committee on Law & Justice.
AN ACT Relating to requiring financial information with petitions to modify support orders; and amending RCW 26.09.175.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.09.175 and 1992 c 229 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 and worksheets. The petition shall be in 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, all financial documentation required to make a determination under RCW 26.19.071, 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, all financial documentation required to make a determination under RCW 26.19.071, 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, all financial documentation required to make a determination under RCW 26.19.071, 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 court may require payment of attorneys' fees and may dismiss the petition without prejudice if a party fails to provide information required under this section.
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