SUBJECT:2004 SUMMARY OF CHANGES TO DOMESTIC RELATIONS FORMS
Following is a summary of the
changes to the mandatory Domestic Relations pattern forms.The changes are based upon 2004 Session Laws
and approved recommended changes:
A.
Child Support Schedule/Worksheets/Child
Support Order Summary Report
COUNTYCLERKS:Please mail any reports you receive from
litigants to the Administrative Office of the Courts at:P.O.
Box 41170, Olympia, WA98504-1170.
The Summary Report Form in this packet
contains the following update from the previous version of the form: on lines 10.a and 10.b, update the Worksheet
page and line references from “…Page 2, Line 13” to “…Page 3, Line 15”.
B.
Forms for Use in All family Law
Cases
1.
WPF DRPSCU 01.0050
Motion for Order Re:
This form was completely revised
to reflect local court rules.
2.
WPF DRPSCU 01.0150
Order Re:
Add a check box for “Clerk’s
action required” to the caption.
Below “IT IS HEREBY ORDERED:” delete
the following check boxes:“[ ] the
motion is denied” and “[ ] the motion is granted as follows.”
3.
WPF DDRPSCU 01.0250
Return of Service
Change the list of forms in
paragraph 2 to:
[
]summons, a copy of which is
attached, andpetition in this action.
[
]parenting plan or residential
schedule.
[
] child support order.
[
]child support worksheets
[
]sealed financial source
documents cover sheet and financial documents
[
]financial declaration
[
]notice of and motion for
temporary order
[
]motion for and ex parte order
[
]adequate cause notice of
hearing
[
]declarations of
_________________________
[
]motion for and order to show
cause re: ______
[
]other:
4.
WPF DRPSCU 01.0410
Order to Show Cause
Insert “That” at the beginning of
the line immediately below “THEREFORE, IT IS ORDERED:”
Below the date, time and place of
the hearing, change the beginning of the instructional information as
follows:
“If you disagree with any
part of the motion, you must respond to the motion in writing before the
hearing and by the deadline for your county.At
the hearing, the court will consider written WRITTEN sworn affidavits or declarations under penalty of perjury.Oral
testimony may not NOT be allowed.If you wish to respond, prior
to theTo
respondhearing you must:……..”
5.
WPF DRPSCU 01.1550
Financial Declaration
The Financial Declaration was
removed from the DR and PS forms and placed in the All Family Law Cases set
of forms.The new form may be used in
DR, CU and PS cases.
C.
Uniform Interstate Family Support
Act
1.
WPF DRPSCU 10.0100
Request for Support Order Registration Under UIFSA
This is a new form.
2.
WPF DRPSCU
10.0150
Cover Sheet for Uniform Interstate Family Support Act (UIFSA)
Documents
This is a new form.
D.
Dissolution (Chapter 26.09 RCW)
1.
WPF DR
01.0500
Order of Child Support
In the footer, change the second
RCW citation to “26.26.132.”
In paragraph 3.5, delete the first
check box option and the check box in front of “The obligor parent shall pay
the following amounts…..”
Change the total line to “TOTAL
MONTHLY TRANSFER AMOUNT.”
Also in paragraph 3.5, in the
check box option beginning with “If one of the children...,” delete “or
terminates support,” and add “the” before “child support.”
After the check box option that
begins with “If one of the children….,” insert the following two check box
options:
[ ]This
is a downward modification that has caused an overpayment of $ _____.This amount shall be repaid or credited as
follows:
[ ]This
is an upward modification that has caused an underpayment of $_______.This amount shall be paid as follows:
These two new options are intended
to be used in modification of child support cases to clarify how overpayments
or underpayments are handled when the new order of child support is effective
on the date the petition was filed.
In paragraph 3.11, to clarify when
the Division of Child Support will provide enforcement and collection
services, modify the first check box option, as follows:
Enforcement and
collection:The Division of Child
Support (DCS) provides support enforcement services for this case because:([ ] t This includes
is a public assistancecases, [ ] this is a cases in which a parent has requested services from
DCS, [ ]and cases in which a parent has signs signed the application for services from DCS on the bottom last page of the this support order).(Check
all that apply.) Support payments
shall be made to:
On the last page, under the Deputy
Prosecuting Attorney signature area, insert “/WSBA No.”
2.
WPF DR
01.0550
Financial Declaration
Delete this form.The form number was changed to WPF DRPSCU
01.1550.It is located under the
subheading “Forms For Use in All Family Law Cases”.
3.
WPF DR
03.0100
Motion and Declaration for Default
President Bush signed the
“Servicemembers Civil Relief Act” (H.R. 100) on 12/19/03, which law replaces the “Solder’s and
Sailor’s Civil Relief Act.”In
paragraph 2.6, the name of the act in the paragraph heading needs to be
changed as follows:
2.6SOLDIER AND SAILORSSERVICEMEMBERS
CIVIL RELIEF ACT STATEMENT.
The
text of paragraph 2.6 is changed to:
The nonmoving party:
[ ]is on active duty in the U.S. armed forces;
[ ]is not on active duty in the U.S. armed forces;
[ ]I am unable to determine whether the nonmoving party is or
is not on active duty in the U.S. armed forces;
based upon the following
facts:
[ ]As indicated above, the nonmoving party is on active duty
and (check all that apply):
[
]The nonmoving party is
represented by an attorney.
[ ]The
court has appointed an attorney to represent the nonmoving party.
[ ]A stay
of these proceedings [ ] has [ ] has not been entered by the court.
4.
WPF DR
04.0150
Motion/Declaration for Ex Parte Restraining Order and for Order to
Show Cause
Insert the following new paragraph
2.3 and update the remaining paragraph numbers:
2.3REASONS FOR OTHER EX PARTE RELIEF.
[ ]Does not apply.
[ ]It is necessary that the court issue the other ex parte
relief in paragraph 1.2 above for the reasons set forth below:
In paragraph 2.4, in the second
check box option change the paragraph reference from “1.2” to “1.3.”
In paragraph 2.5, in the second
check box option, change the paragraph reference from “1.3” to “1.4.”
5.
WPF DR
04.0170
Ex Parte Restraining Order/Order to Show Cause
In SectionI., in the first paragraph, delete “paragraph
1.3 of.”
Below the date, time and place of
the hearing, change the beginning of the instructional information as
follows:
“If you disagree with any
part of the motion, you must respond to the motion in writing before the
hearing and by the deadline for your county.At
the hearing, the court will consider written WRITTEN sworn affidavits or declarations under penalty of perjury.Oral
testimony may not NOT be allowed.If you wish to respond, prior
to theTo
respondhearing you must:……..”
6.
WPF DR
04.0250
Temporary Order
In the caption and in the footer, change
the docket code to “(TMO/TMRO).”
On page 4, change the signature
lines as follows:
On the left side:
Petitioner
or petitioner’s attorney:
Protected
person or protected person’s attorney:
A
signature below is actual notice of this order.
On the right side;
Respondent or respondent’s attorney:
Restrained person or restrained person’s attorney
A signature below is actual notice of this order.
“WSBA No.” was added to the right
below each signature line.
7.
WPF DR
04.0400
Decree of Dissolution/Legal Separation/Declaration Concerning
Validity
Pursuant to RCW 26.09.300(2)(a) –
(b) which states:
“(2) A person is
deemed to have notice of a restraining order if:
(a)The person to be restrained or the person’s attorney
signed the order;
(b)The order recites that the person to be restrained or
the person’s attorney appeared in person before the court…”
Add the following section to
paragraph 3.8:
SERVICE:
[ ]The restrained party or attorney appeared in court or
signed this order; service of this order is not required.
[ ]The restrained party or attorney did not appear in court;
service of this order is required.
To clarify when the modified order
will become effective, and to clarify how overpayments or underpayments will
be handled, make the following changes:
Add the new paragraph 1.5 and renumber
the remaining paragraph:
1.5STARTING DATE OF MODIFIED ORDER
[ ]Does not apply.
[ ]The starting date of the modified
child support order should be the date on which this petition is filed.
In section II. Relief Requested, add
the following as the second and third check box options:
[ ]ordering repayment or credit for
overpaid child support since the date of filing this petition.
[ ]ordering payment of underpaid child
support since the date of filing this petition or entering judgment in that
amount.
9.
WPF DR
06.0300
Response to Petition for Modification of Child Support
In paragraph 1, insert a new line
for paragraph 1.6 of the petition:
1.6[ ]Admitted[ ]Denied[ ]Lacks
Information
In paragraph 2, insert the
following new check box options:
[ ]If the
modification is granted, it should not start on the date the petition was
filed because:
[ ]it will result in an overpayment of child support
[ ]it will result in an underpayment of child support.
[ ]other:
10.
WPF DR
06.0400
Motion/Declaration for Default
Pursuant to the Servicemembers
Relief Act, H.R. 100, enacted in December 2003, change paragraph 2.6 to:
2.6SERVICEMEMBERS CIVIL RELIEF ACT
STATEMENT.
The
nonmoving party:
[ ]is on active duty in the U.S. armed forces;
[ ]is not on active duty in the U.S.
armed forces;
[ ]I
am unable to determine whether the nonmoving party is or is not on active
duty in the U.S. armed forces;
based upon the following facts:
[ ]As
indicated above, the nonmoving party is on active duty and (check all that
apply):
[
]The nonmoving party is
represented by an attorney.
[
]The court has appointed an
attorney to represent the nonmoving party.
[
]A stay of these proceedings [
] has [ ] has not been entered by the court.
Change the signature area to:
I declare under penalty of
perjury under the laws of the state of Washington that the foregoing is
true and correct.
Signed at _________, [City]
_____ [State], on _______ [Date].
Signature of Moving PartyPrint or Type name
11.
WPF DR
06.0600
Findings/Conclusions on Petition for Modification of Child Support
Paragraph 2.3, in the fifth check
box option below the second primary check box option, change the RCW citation
to “RCW 26.09.170(8).”
In paragraph 2.4, change the RCW
citation in the paragraph heading to “RCW 26.09.170(9)(c).”
Insert the following as the new
paragraph 2.7 and renumber the remaining paragraph:
2.7STARTING DATE OF MODIFIED ORDER.
The modified child support order
is effective as of ____________________ [Date].
[ ] The resulting [ ] overpayment [ ] underpayment of the child
support should be ordered.
12.
WPF DR
7.0300
Order Re Adequate Cause
In the caption and in the footer,
change the docket code “ORDAC” to “ORRACD;” and change the docket code
“ORGAC” to “ORRACG.”
E.
Nonparental Custody (Chapter 26.10
RCW)
1.
WPF CU 01.0100
Nonparental Custody Petition
In Section II. Relief Requested,
change the paragraph reference in the second check box option to “paragraph
1.8.”
In the signature area insert a
second signature line, both to sign the petition and to sign the declaration.
2.
WPF CU 01.0250
Indian Child Welfare Act Notice 25 U.S.C. § 1912(a)
This is a new form required
pursuant to RCW 26.10.034(1)(b), as modified by Laws of 2004, ch. 64 (SHB
3051) § 1.
3.
WPF CU 01.0255
Proof of Mailing (ICWA Notice)
This is a new form based upon RCW
26.10.034(1)(b), as modified by Laws of 2004, ch. 64 (SHB 3051) § 1.
4.
WPF CU 01.0500
Order of Child Support
In paragraph 3.5, delete the first
check box option and the check box in front of “The obligor parent shall pay
the following amounts…..”
Change the total line to “TOTAL
MONTHLY TRANSFER AMOUNT.”
Also in paragraph 3.5, in the
check box option beginning with “If one of the children...,” delete “or
terminates support,” and add “the” before “child support.”
After the check box option that
begins with “If one of the children….,” insert the following two check box
options:
[ ]This
is a downward modification that has caused an overpayment of $ _____.This amount shall be repaid or credited as
follows:
[ ]This
is an upward modification that has caused an underpayment of $_______.This amount shall be paid as follows:
These two new options are intended
to be used in modification of child support cases to clarify how overpayments
or underpayments are handled when the new order of child support is effective
on the date the petition was filed.
In paragraph 3.10, change the RCW
citation to “RCW 26.09.170(9)(a) and (c).”
In paragraph 3.11, to clarify when
the Division of Child Support will provide enforcement and collection
services, modify the first check box option, as follows:
Enforcement and
collection:The Division of Child
Support (DCS) provides support enforcement services for this case because:([ ] t This includes
is a public assistancecases, [ ] this is a cases in which a party has requested services from DCS,
[ ]and cases in which a party has signs signed the application for services from DCS on the bottom last page of the this support order).(Check
all that apply.) Support payments
shall be made to:
On the last page, under the Deputy
Prosecuting Attorney signature area, insert “/WSBA No.”
“(2) A person is deemed to have notice of a
restraining order if:
(a) The person to be restrained or the
person’s attorney signed the order;
(b)The
order recites that the person to be restrained or the person’s attorney
appeared in person before the court…”
Add
the following section to paragraph 3.5:
SERVICE:
[ ]The restrained party
or attorney appeared in court or signed this order; service of this order is
not required.
[ ]The restrained party
or attorney did not appear in court; service of this order is required.
and
change the signature lines to:
Petitioner or petitioner’s
attorney:
A signature below is actual
notice of this order.
[ ] Presented by:
[ ] Approved for Entry:
[ ] Notice for presentation
waived:
Respondent or respondent’s attorney:
A signature below is actual notice of this order.
[ ] Presented by:
[ ] Approved for Entry:
[ ] Notice for presentation waived:
Add
“WSBA No.” to the right side under each signature line.
6.
WPF CU 02.0400
Order Re Adequate Cause
In the caption and in the footer,
change the docket code “ORDAC” to “ORRACD;” and change the docket code
“ORGAC” to “ORRACG.”
7.
WPF CU 03.0150
Motion/Declaration for Ex Parte Restraining Order and for Order to
Show Cause
Insert the following new paragraph
1.2 and renumber the remaining paragraphs:
1.2OTHER EX PARTE RELIEF.
[ ]Order
that ______________________________ [Name] shall be the person with whom the
children reside until the hearing.
[ ]Other:
Insert the following as the new
paragraph 2.3 and renumber the remaining paragraphs:
2.3REASONS FOR OTHER EX PARTE RELIEF.
[ ]Does
not apply.
[ ]It is
necessary that the court issue the other ex parte relief requested in
paragraph 1.2 above for the reason set forth below:
In paragraph 2.4, change the
paragraph reference from “1.2” to “1.3.”
In paragraph 2.5, change the
paragraph reference from “1.3” to “1.4.”
8.
WPF CU 03.0170
Ex Parte Restraining Order/Order to Show Cause
In SectionI., in the first paragraph, delete “paragraph
1.3 of.”
Below the date, time and place of
the hearing, change the beginning of the instructional information as
follows:
“If you disagree with any
part of the motion, you must respond to the motion in writing before the
hearing and by the deadline for your county.At
the hearing, the court will consider written WRITTEN sworn affidavits or declarations under penalty of perjury.Oral
testimony may not NOT be allowed.If you wish to respond, prior
to theTo
respondhearing you must:……..”
In paragraph 4.2, add the
following as the second check box option:
[ ]The children shall reside with
__________ [Name] until the hearing.
9.
WPF CU 03.0200
Temporary Custody Order
Add “/TMRO” to the dockets code in
the caption and in the footer.
Pursuant to RCW 26.10.220(2)(a) –
(b), add the following section to paragraph 3.2:
SERVICE:
[ ]The restrained party or attorney appeared in court or
signed this order; service of this order is not required.
[ ]The restrained party or attorney did not appear in court;
service of this order is required.
Change the signature lines to:
Petitioner or petitioner’s attorney:
A signature below is actual notice of this order.
Respondent or respondent’s
attorney:
A signature below is actual
notice of this order.
Add “WSBA No.” to the right side below
each signature line.
10.
WPF CU 03.0520
Cover Sheet for DCFS/CPS Background Check
In the caption and in the text
remove “court order” and replace it with “RCW 13.50.100 and GR 22(c)(3).”
In the footer, delete the Session
Law and replace it with “RCW 26.10.135(2)(a),” and add “GR 22(c)(3).”
11.
WPF CU 03.0540
COVER SHEET
FOR CONSENTAUTHORIZATION FORTO RELEASE OF INFORMATION FROM DCFS/CPSTO THE
COURT
Change the name of the form in the
caption as indicated above.
Also in the caption, insert “and
GR 22(c)(3)” after “RCW 13.50.100.”
In the footer, change the
abbreviated name to “Cover Sheet for Auth. To Rel. Info. to Court;” delete
the Session Law and replace it with “RCW 26.10.135(2)(a),” and add “GR 22(c)(3).”
12.
WPF CU 03.0550
Cover Sheet for WSP Criminal History Record
Move the signature lines so that
“Signature” and “Print or type name” are on the same line.
Insert the following new check box
option:
[ ]I have redacted (blocked out or deleted) any
social security number, drivers license number, telephone number or
residential address.
In the footer, delete the Session
Law and replace it with “RCW 26.10.135(2)(b).”
F.
Parentage Forms (Chapter 26.26
RCW)
1.
WPF PS 01.0150
Declaration of Mother
In Section II. Military Service,
change “Soldiers and Sailors” to “Servicemembers.”
2.
WPF PS 01.0155
Declaration of Father
In Section II. Military Service,
change “Soldiers and Sailors” to “Servicemembers.”
3.
WPF PS 01.0500
Order of Child Support
In paragraph 3.5, delete the first
check box option and the check box in front of “The obligor parent shall pay
the following amounts…..”
Change the total line to “TOTAL
MONTHLY TRANSFER AMOUNT.”
Also in paragraph 3.5, in the
check box option beginning with “If one of the children...,” delete “or
terminates support,” and add “the” before “child support.”
After the check box option that
begins with “If one of the children….,” insert the following two check box
options:
[ ]This
is a downward modification that has caused an overpayment of $ _____.This amount shall be repaid or credited as
follows:
[ ]This
is an upward modification that has caused an underpayment of $_______.This amount shall be paid as follows:
Paragraph 3.10, in the second check
box option, change the RCW citation to “RCW 26.09.170(9)(a) and (c).”
In paragraph 3.11, to clarify when
the Division of Child Support will provide enforcement and collection
services, the first check box option was modified, as follows:
Enforcement and
collection:The Division of Child
Support (DCS) provides support enforcement services for this case because:([ ] thisincludes
This is a public assistancecases, [ ] this is a cases in which a parent has requested services from
DCS, [ ]and cases in which a parent has signs signed the application for services from DCS on the bottom last page of the this support order).(Check
all that apply.) Support payments
shall be made to:
4.
WPF PS 01.0550
Financial Declaration
Delete this form.The form number was changed to WPF DRPSCU
01.1550.It is located under the
subheading Forms For Use in All Family Law Cases.
5.
WPF PS 03.0100
Motion and Declaration for Default
Change paragraph 2.6 to:
2.6SERVICEMEMBERS CIVIL RELIEF ACT STATEMENT.
The nonmoving party:
[ ]is on active duty in the U.S. armed forces;
[ ]is not on active duty in the U.S. armed forces;
[ ]I am unable to determine whether the nonmoving party is or
is not on active duty in the U.S. armed forces;
based upon the following
facts:
[ ]As indicated above, the nonmoving party is on active duty
and (check all that apply):
[ ]The
nonmoving party is represented by an attorney.
[ ]The
court has appointed an attorney to represent the nonmoving party.
[ ]A stay
of these proceedings [ ] has [ ] has not been entered by the court.
6.
WPF PS 04.0150
Motion/Declaration for Ex Parte Restraining Order and Order to Show
Cause
Insert the following new paragraph
1.2 and update the remaining paragraph numbers:
1.2OTHER EX PARTE RELIEF.
[ ]Order
that ____________________ [Name] shall be the person with whom the children
reside until the hearing.
[ ]Other:
Insert the following new paragraph
2.3 and update the remaining paragraph numbers:
2.3REASONS FOR OTHER EX PARTE RELIEF.
[ ]Does not apply.
[ ]It is necessary that the court issue the other ex parte
relief in paragraph 1.2 above for the reasons set forth below:
In paragraph 2.4, in the second
check box option change the paragraph reference from “1.2” to “1.3.”
In paragraph 2.5, in the second
check box option, change the paragraph reference from “1.3” to “1.4.”
7.
WPF PS 04.0170
Ex Parte Restraining Order/Order to Show Cause
In SectionI., in the first paragraph, delete “paragraph
1.3 of.”
Below the date, time and place of
the hearing, change the beginning of the instructional information as
follows:
“If you disagree with any
part of the motion, you must respond to the motion in writing before the
hearing and by the deadline for your county.At
the hearing, the court will consider written WRITTEN sworn affidavits or declarations under penalty of perjury.Oral
testimony may not NOT be allowed.If you wish to respond, prior
to theTo
respondhearing you must:……..”
In paragraph 4.2, add the
following as the third check box option:
[ ]The children shall reside with
__________ [Name] until the hearing.
8.
WPF PS 04.0200
Judgment and Order Determining Parentage and Granting Additional
Relief
Pursuant to RCW 26.26.138(2)(a) –
(b) which states:
“(2) A person is deemed to have notice of a restraining order if:
(a) The person to
be restrained or the person’s attorney signed the order;
(b)
The order recites that the person to be restrained or the person’s attorney
appeared in person before the court…”
add the following section to
paragraph 3.11:
SERVICE:
[ ]The restrained party or attorney
appeared in court or signed this order; service of this order is not
required.
[ ]The restrained party or attorney did not appear in court;
service of this order is required.
And change the signature lines to:
Petitioner or petitioner’s attorney:
A signature below is actual notice of this order.
[
] Presented by:
[ ] Approved for Entry:
[ ] Notice for presentation waived:
Respondent or respondent’s
attorney:
A signature below is actual
notice of this order.
[ ] Presented by:
[ ] Approved for Entry:
[ ] Notice for presentation
waived:
Add “WSBA No.” to the right side
below each signature line.
9.
WPF PS 04.0250
Temporary Order
In the caption and in the footer
add to the docket code information “/TMRO.”
Pursuant to RCW 26.26.138(2)(a) –
(b) add the following section to paragraph 3.2:
SERVICE:
[ ]The restrained party or attorney appeared in court or
signed this order; service of this order is not required.
[ ]The restrained party or attorney did not appear in court;
service of this order is required.
And change the signature lines to:
Petitioner or petitioner’s attorney:
A signature below is actual notice of this order.
Respondent or respondent’s
attorney:
A signature below is actual
notice of this order.
Add “WSBA No.” to the right side
below each signature line.
10.
WPF PS 15.0150
Sealed [ ] Acknowledgment [ ] Denial of Paternity
In the caption, below “Clerk’s
Action Required:”insert the
following:
ACCESS IS RESTRICTED PER RCW 26.26.041, 26.26.360 and GR 22(c)(3)
Move the signature lines, so that
“signature” and “print or type name” are on the same line.
In the footer, add the following
citations:
RCW 26.26.041, 26.26.360, GR 22(c)(3)
11.
WPF PS 15.650
Residential Schedule
This is a new form for use in RCW
26.26.375 cases.
12.
WPF PS 15.0700
Order of Child Support
In paragraph 3.5, delete the first
check box option and the check box in front of “The obligor parent shall pay
the following amounts…..”
Change the total line to “TOTAL
MONTHLY TRANSFER AMOUNT.”
Also in paragraph 3.5, in the
check box option beginning with “If one of the children...,” delete “or
terminates support,” and add “the” before “child support.”
After the check box option that
begins with “If one of the children….,” insert the following two check box
options:
[ ]This
is a downward modification that has caused an overpayment of $ _____.This amount shall be repaid or credited as
follows:
[ ]This
is an upward modification that has caused an underpayment of $_______.This amount shall be paid as follows:
These two new options are intended
to be used in modification of child support cases to clarify how overpayments
or underpayments are handled when the new order of child support is effective
on the date the petition was filed.
In paragraph 3.10, change the RCW
citation to “RCW 26.09.170(9)(a) and (c).”
In paragraph 3.11, to clarify when
the Division of Child Support will provide enforcement and collection
services, modify the first check box option, as follows:
Enforcement and
collection:The Division of Child
Support (DCS) provides support enforcement services for this case because:([ ] t This includes
is a public assistancecases, [ ] this is a cases in which a parent has requested services from DCS,
[ ]and cases in which a parent has signs signed the application for services from DCS on the bottom last page of the this support order).(Check
all that apply.) Support payments
shall be made to:
On the last page, under the Deputy
Prosecuting Attorney signature area, insert “/WSBA No.”.