Motion to Adjust Child Support in Washington

Separate and distinct from a Petition to Modify an Order of Child Support, either party may file a Motion to Adjust Child Support. The substantive and procedural laws are different in a Motion to Adjust.

In a Motion to Adjust Child Support, the court is limited in what it can do. It cannot modify any and all provisions in the Order of Child Support. Primarily, all the court can do is adjust the amount of the transfer payment. The court does not have the jurisdiction to change other provisions like who gets the tax exemptions. This would take a Petition to Modify the Order of Child Support.

Under Statute, RCW 26.09.170, a person can adjust child support under 3 primary scenarios. 1) once every 24 months if there has been a change in income of one of the parties; 2) once every 24 months if there has been a change in the Child Support Schedules (there will be one in Washington effective October 1, 2009); 3) once every 12 months and a child has changed age categories (from under age 12 to over age 12); and 4) once every 12 months and the existing Order of Child Support specifically provides for an adjustment to happen more frequently than every 24 months. If one of these scenarios are in effect, you can file a Motion to Adjust Child Support.

Procedurally there is a great difference between a Petition and a Motion. In a Petition to Modify, you are given a trial date, which in King County usually takes place on affidavit only (no oral testimony) and is scheduled about 4 months later. A Motion can take place much quicker, it can be scheduled in about 2 weeks and be resolved at that point. It takes place on the Family Court Services daily calendar.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the child support adjustment. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Child Support Modification Procedure in Washington

The Order of Child Support can be modified in Washington if there has been a substantial change in the circumstances of the parents or the child. In this blog we will discuss the procedure involved to do this.

Filing for Modification of Child Support requires filling out the mandatory forms, including Summons, Petition for Modification, Child Support Worksheets, and financial verification (6 months wage stubs, 2 years tax returns, 6 months bank statements). You then serve copies on the other parent, and file them with the Court who will schedule a hearing. If the other parent is receiving welfare benefits, the County Prosecuting Attorney must be served as well.

In King County, a trial is scheduled in about 4 months after filing. It is a trial by affidavit, meaning that there is usually no oral testimony, it is all submitted in writing (declarations) in advance, with brief oral argument by the attorneys at the trial. Typically, both parties submit their declarations to the court and to each other 2 weeks before the trial date. Each party may then submit responding declarations 1 week before the trial.

Because the court accelerates the trail schedule in support only modifications, the court discourages temporary motions to adjust child support pending the trial. The court however has the ability to modify child support retroactive to the date of filing the action.

If both parties agree and the Order meets the State mandatory Child Support Schedules, they can get the Order of Child Support approved by a judge without the need of a formal hearing.

In my next post, I will discuss the difference between a Petition to Modify Child Support and a Motion to Adjust Child Support.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the child support modification. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Child Support Modification in Washington

The Order of Child Support can be adjusted through a child support modification procedure if there has been a substantial change in the circumstances of the parents or the child. Some examples include when one or both parents' income has substantially increased or decreased; if the child now spends a greater amount of time with one or the other parent; or if the child has special needs, including special schooling or medical care.

If your Order of Child Support is registered with the State Division of Child Support and at least three years have passed since it was entered, the State will assist you in getting child support modified administratively at no charge to you. However, this process takes much longer than doing it on your own.

With the new changes in the Washington State Child Support Schedule effective October 1, 2009, there will probably be an increase in the number of Petitions for Modification of Child Support. These statutory changes could significantly change the amount of child support paid or received. If you think your child support could change, you should consult with an attorney to see what child support may be.

In the next post, I will discuss the procedure involved in a Petition to Modify Child Support.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the child support modification. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Alcoholism and Child Custody in Washington Divorce

Alcoholism is a larger problem in society than most would guess. While some people consider themselves merely "social drinkers," they might in fact be alcoholics that rely on alcohol to have a good time. Alcoholism is a disease, like any addiction. While it is not nearly as serious an allegation in a child custody battle as drug abuse is, it is still serious.

When a parent is said to be an alcoholic and the other spouse has evidence to back it up, that becomes an issue for the court in setting up the Parenting Plan (custody). There is statutory basis for the court limiting a parents involvement in parenting when alcoholism is an issue.

The issue is not just that the parent consumes alcohol, but that their alcohol use affects their ability to parent. The biggest problem with alcoholism is that while a parent is drunk or out drinking, that parent is not paying attention to the children and seeing to their needs. In addition, alcohol compromises a person's judgment and may lead that parent to do some pretty risky things with the kids in the car.

When the parent's judgment is compromised due to alcohol, the risks for the children go up.
Courts are supposed to award the custody of the children to the parent that will be able to care for them best and keep them safe. Alcoholism impedes the ability of a parent to do this and so the children are at risk.

When alcoholism is an issue, the court will frequently order an alcohol evaluation, and sometimes require the parent to follow the recommendations (treatment). The court can condition visitation on the parent following through on these conditions. Sometimes the court will include a restraining order, that the parent not drink or be under the influence of alcohol during the visits. Sometimes the court will allow a parent to demand a urinalysis test if they suspect the other parent being under the influence during a visit. The court can also require the visit to be supervised if the parent cannot control their drinking.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the custody and parenting plans in a divorce. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Washington No Fault Divorce

In Washington, the legal basis for the dissolution of a marriage is that the marriage is irretrievably broken. It only takes one party to allege this. Unless the court were to find that the petitioner was induced to file by by fraud or coercion, the court must grant the petition. There is nothing else the respondent can do to prevent the dissolution of the marriage.

Other "ground" or behaviors are not a basis for divorce, and therefore not admissible for that purpose. The court will not allow testimony regarding unfaithfulness, affairs or other fault.

Some "fault" may be admissible for other purposes. If it is relevant to the issue of parenting, it could be admissible. Domestic violence is admissible for the purpose of showing the need for restraining orders. When it comes to the issue of property division, the statute specifically states that the division must be made without regard to misconduct. An exception to this can be if a party dissipates community assets.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the dissolution of marriage and the division of assets. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Dividing Non-Qualified Retirment Benefits in Washington Divorce

Pension and other retirement benefits are generally considered property subject to distribution by the Court in a dissolution action. A qualified pension plan (under the ERISA tax code) can be divided in two primary methods. The first is to determine it's value and awarding it to one spouse. The second is to divide the benefit between the spouses, typically using a Qualified Domestic Relations Order (QDRO). Today, we will look at dividing non-qualified plans.

Individual Retirement Accounts (IRA's) are not qualified so a QDRO is not necessary. They can be awarded or divided in the Divorce Decree with simple language specifying who gets it.

Washington State pensions, including Public Employees' Retirement System (PERS), Teachers' Retirement System (TRS), School Employees' Retirement System (SERS), Law Enforcement Officers' and Fire Fighters' Retirement System (LEOFF), Washington State Patrol Retirement System (WSPRS), Judicial Retirement System (JRS), and Judges' Retirement Fund (JRF), all require special statutory treatment for division, rather than a QDRO. Specific information on these pensions can be found at the following web page http://drs.wa.gov/member.

A family law attorney can advise you on how retirement benefits can fit into a fair division of assets, and help in getting them valued. QDRO's need to be approved by both the court and the pension administrator. Be sure to have your QDRO reviewed by an attorney.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the division of assets (like a pension) in a divorce. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Dividing a Washington Pension Using a QDRO (Qualified Domestic Relations Order)

Pension and other retirement benefits are generally considered property subject to distribution by the Court in a dissolution action. A pension plan can be divided in two primary methods. The first is to determine it's value and awarding it to one spouse. The second is to divide the benefit between the spouses, typically using a Qualified Domestic Relations Order (QDRO). Today, we will look at the second option.

The second method in awarding a pension is to use a Qualified Domestic Relations Order (QDRO) to divide the benefit now, so that both spouses will share the benefit at retirement age. The QDRO can award either a specified monthly dollar amount to be paid at retirement, or a percentage of the amount accrued or to be paid. This can be done with all qualified retirement plans, such as the Boeing Employee Pension or Boeing 401(k) (VIP), or retirement accounts of other businesses.

The QDRO must be signed by the Court, and a certified copy sent to the pension administrator. They must then decide if it is truly a "qualified" order. If not, they will typically send a letter explaining the problems, and it must be redrafted to meet the requirements of thier plan or the IRS. If it is approved, they will then process it in a timely fashion.

The same can be done with a 401(k) plan, where the QDRO can award a spouse an interest in the retirement benefit in a divorce without incurring any penalty and without any tax, as long as it is rolled over into another tax deferred vehicle (IRA).

A family law attorney can advise you on how retirement benefits can fit into a fair division of assets, and help in getting them valued. QDRO's need to be approved by both the court and the pension administrator. Be sure to have your QDRO reviewed by an attorney.

In my next entry, I will discuss the division of retirement benefits that are not "qualified" under the IRS regulations.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the division of assets (like a pension) in a divorce. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Valuing a Washington Pension in Divorce Using an Actuary

Pension and other retirement benefits are generally considered property subject to distribution by the Court in a dissolution action. A pension plan can be divided in two primary methods. The first is to determine it's value and awarding it to one spouse. The second is to divide the benefit between the spouses, typically using a Qualified Domestic Relations Order (QDRO). Today, we will look at the first option.

The first method in awarding a pension, is to find the present value of the future stream of benefits, and then giving the benefit in its entirety to the spouse. The pension fund will typically give us the amount of the monthly benefit at retirement (usually age 65), but will not tell us what that is worth in today's dollars. To value the pension, we send the information (payment amount, date of birth, expected date of retirement, date of employment, date of marriage, and pension information) to an actuary, who uses life expectancy tables and projected interest rates to determine its present value in today's dollars. This benefit can then be awarded in its entirety to one spouse. In this case, to have a fair and equitable division of assets, the other spouse would probably be awarded other assets to offset this value (possibly their own pension, the house, or something else).

In the next entry, I will address the second method, of actually dividing the pension between the two spouses, so they both receive payments at the time of retirement.

A family law attorney can advise you on how retirement benefits can fit into a fair division of assets, and help in getting them valued. QDRO's need to be approved by both the court and the pension administrator. Be sure to have your QDRO reviewed by an attorney.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the division of assets (like a pension) in a divorce. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Division of Pension Plans in Washington Divorce

Pension and other retirement benefits are generally considered property subject to distribution by the Court in a dissolution action, whether or not the benefits are vested. The law considers these benefits to represent deferred compensation. This means they were accrued during the marriage and belong to the marital community, rather than being earned after divorce (at retirement) and belonging to the spouse whose employment generated them.

There are many types retirement benefits to consider in a property division, including IRA's, pension plans, 401K's, government plans, union plans, stock options, sick leave, vacation time and deferred compensations.

A family law attorney can advise you on how retirement benefits can fit into a fair division of assets, help in getting them valued, and determine the best way to divide them.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the division of assets in a divorce. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Procedure to get Temporary Orders in King County

Hearings for family law temporary motions take place in the family law court room, in either the King County Courthouse in Seattle or the Maleng Regional Justice Center in Kent. All of the evidence for the hearing is contained in the written declarations submitted to the court in advance. The hearings take place with oral arguments only (no oral testimony).

To obtain a Temporary Order in King County, a minimum of fourteen (14) days notice must be given the other party and the Court (including service of all the necessary documents), unless an emergency exists. If you have been served with a Motion for Temporary Orders by the other side, your written response and other documentation you want the Court to consider must be submitted by noon, four (4) court days prior to the hearing. The party bringing the motion is then entitled to file a brief reply, to be filed by noon, two (2) court days before the hearing.

The process to start the motion is either with a Motion and Note for Motion Docket, or an Order to Show Cause. Typically you use an Order to Show Cause when you are starting a process and the other party has not yet formally appeared, you need immediate restraining orders put into place pending the hearing, or it is a Motion for Contempt. In most other cases, a simple Motion and Note for Motion Docket is appropriate.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including temporary motions. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.

Washington Temporary Divorce Orders

In King County, the trial date for a dissolution is set for approximately eleven months from the time of filing. Typically, the parties cannot wait 11 months to get things resolved, there needs to be some "ground rules" set during this time. While awaiting the trial, either party may move the Court for Temporary Orders.

The temporary orders can include a Temporary Parenting Plan (defining both parents rights and responsibilities toward the children), temporary child support, temporary spousal maintenance, and temporary restraining orders. The Orders can include restraints against disposing of any property except in the usual course of business or for the necessities of life; molesting or disturbing the peace of the other party or of any child; temporary use and occupancy of the family home; going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child; temporary use of automobiles; or removing a child from the jurisdiction of the Court.

A temporary order, temporary restraining order, or preliminary injunction does not prejudice the rights of a party or any child at the time of trial. Temporary orders may be revoked or modified; and they terminate when the final Decree is entered.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including temporary motions. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.