RULE NO. 7
DOMESTIC RELATIONS
I. Motions for Order Pending Trial
A. Local Rules 4 and 5 shall be followed for all motions and hearings on
orders to show cause, except when an opposing party has not appeared in
person or by an attorney, and except when temporary restraining orders are
sought under CR 65.
B. Hearings in respect to temporary orders in domestic relations cases other
than involving child custody shall be heard only upon affidavits. Testimony
shall be allowed only by special permission of the Court, granted prior to
the hearing.
1. The affidavits of the moving party shall be filed and served in the manner
provided in LR 8 and other Rules of the Court. Responding affidavits and
work sheets shall be served and filed no later than one day prior to the
hearing unless the Court permits a later service and filing.
C. Residential Placement
1. Any motion concerning the temporary residential placement of children must
be accompanied by a proposed parenting plan, unless one has been previously
filed and serve D. Hearings involving questions of residential placement of
a child requiring testimony shall be set on a date and time certain upon the
request made to the Court Administrator.
D. Temporary Child Support
1. Any motion for temporary child support must be accompanied by a completed
and signed child support work sheet in the form approved by the State Office
of the Administrator for the Courts.
E. Temporary Maintenance or Attorney's Fees
1. Any motion for temporary maintenance or attorney's fees must be accompanied
by an affidavit or sworn statement with information including a list of
monthly living expenses, debts, employment information for the parties and net
income of the parties. If a party is unemployed, the information shall indicate
the length of unemployment and reasons why the party is unemployed and when and
how much unemployment compensation, if any, will be received.
II. Child Support
A. The Washington State Child Support Schedule now in effect or as hereafter
revised shall be used by the Court and counsel in all matters involving child
support whether temporary or permanent unless good cause to deviate from it is
established.
III. Non-Contested Dissolutions
A. Any non-contested dissolutions, separations, or invalidity action decrees,
which have been approved for entry by both parties, or their counsel, may be
presented for final hearing by setting the same on the regular civil motion
calendar. Oral testimony will not be required at such hearings. Presentation
of such agreed decrees may be by mail to the Clerk of the Court, however, the
Judge or Court Commissioner hearing such ex parte matters may require that oral
testimony or affidavits be provided prior to the entry of the final decree.
IV. Contested Dissolution Actions
A. In any action for dissolution of marriage, separation, or declaration of
invalidity in which property division, parenting plan, spousal maintenance,
or child support is an issue, each party shall serve on the other party and
file with the Court a written summary setting forth:
1. Statement of the issues
2. A statement of the parties' proposed resolution issues
3. A description and value of the assets and liabilities of the parties together
with a proposed division thereof
4. The parties' proposed parenting plan
5. Child support worksheet
6. Financial affidavit showing the income and expenses per month of the parties
Petitioner's summary must be served and filed no later than ten days before
the pre-trial conference, settlement conference, or trial date whichever
occurs first. Respondent's summary shall be filed and served no later
than five days before the pre-trial conference, settlement conference, or
trial date whichever occurs first. Failure to timely file and serve the
summary as required may result in appropriate sanctions which may include
striking the trial settings and/or imposition of terms for any delay or
inconvenience caused by the Court, counsel or other party.
V. Modification of Decree of Dissolution, Separation or Invalidity
A. Every action to modify a decree of dissolution, separation or invalidity shall
be initiated by the filing of a properly verified petition to be entitled the
same as the original decree sought to be modified.
B. If the petition to modify relates only to support, maintenance or minor
adjustments to the parenting plan, then it shall be heard upon the pleadings
only unless the petitioner has obtained leave of the Court to hear the matter
upon oral testimony; however, if the petition to modify pertains to major
adjustments to the parenting plan then it shall be heard upon oral testimony
unless both parties stipulate that it may be heard on affidavits.
In any case involving the modification of a parenting plan where the original
plan provides for alternate dispute resolution, a petition to modify said plan
shall state whether alternate dispute resolution has been exhausted. The Court
shall not modify a decree unless the alternate dispute resolution process has
first been exercised in good faith. Failure to participate in the alternate
dispute process in good faith may result in the imposition of terms. The Court
shall determine on affidavits whether alternate dispute resolution has been
exercised in good faith.
C. Where modification of a decree concerning child support or spousal maintenance
is sought, a financial statement and, if applicable, a child support worksheet
shall be filed and served with the petition to modify. A responding financial
affidavit and, if applicable, child support worksheet shall be filed and served no
later than one day prior to the hearing on the petition. Failure to timely serve
and file the statements and worksheets as required will result in appropriate
sanctions. Only those portions of the financial statements and worksheets
applicable to the issues in the petition to modify need be completed.
D. Proceedings for modification of a dissolution decree or other custody decree
shall be done strictly in accordance with RCW 26.09.270.
VI. Receipt of Public Assistance
A. In any action to establish or modify child support where any child affected is
subject to receiving public assistance or if either party owes any past debt for
child support to the State of Washington, then the Office of Support Enforcement
shall be served with a copy of the petition to establish or modify child support
at least twenty days prior to the hearing on any final order and at least five
days prior to the hearing on any temporary order (RCW 26.23.130). Proof of
service of said petition shall be filed with the Court prior to the hearing.
In Skamania County, the petition shall be served on the Prosecuting Attorney's
Office of Support Enforcement.
(Adopted effective September 1, 1996)
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