H-3300              _______________________________________________

                                                   HOUSE BILL NO. 2834

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives McLean, Ballard, Morris, Hankins, Miller and Ferguson

Read first time 1/24/90 and referred to Committee on Judiciary.

AN ACT Relating to dissolutions; amending RCW 26.09.175; and adding a new section to chapter 26.09 RCW.

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

        Sec. 1.  Section 2, chapter 430, Laws of 1987 and RCW 26.09.175 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 a supporting financial affidavit.  The petition and affidavit 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 affidavit, and a blank copy of a financial affidavit 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, the summons, petition, and affidavit shall also be served on the office of support enforcement.  Proof of service shall be filed with the court.

          (3) The responding party's answer and completed financial affidavit 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 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.

NEW SECTION. Sec. 2.  A new section is added to chapter 26.09 RCW to read as follows:

          There shall be a fee of twenty dollars for the filing of a petition or order for modification of any part of a decree of dissolution, including maintenance or support, property disposition, child support, parenting plan, or custody provisions.