Domestic Relations Forms

Judges, Commissioners, County Clerks, Court Administrators, Libraries and Public

Page 1

July 3, 2008

TO:Judges, Commissioners, County Clerks, Court Administrators, Libraries and Public

FROM:Merrie Gough, Senior Legal Analyst

SUBJECT:2008 SUMMARY OF CHANGES TO DOMESTIC RELATIONS FORMS

The Pattern Forms Committee (committee) updated the mandatory Domestic Relations pattern forms to implement Laws of 2008, ch. 6 (2SHB 3104), relating to domestic partnerships, and to incorporate approvedchanges recommended by the legal community.

The committee implemented Laws of 2008, ch. 6 in several ways:

• Moved the default and contempt forms to the “For Use in All Family Law Cases” set of forms.
• Deleted the default and contempt forms from the 26.09, 26.10 and 26.26 sets of forms.
• Moved the child support modification forms from the 26.09 set of forms and placed them in a new “Modification of Child Support” set of forms.
• Added registered domestic partnership petitions, response, findings of fact and conclusions of law and decree to the 26.09 set of forms.
• Modified the rest of the 26.09 forms so that the forms could be used for marriage and domestic partnership cases.
• Made legislative changes to the 26.09 marriage forms, as needed.
• Modified the 26.10 nonparental custody forms by removing references to “mother” and “father,” and by making other changes designed to make the forms useable with persons who are married, unmarried, or in domestic partnerships.

The committee changed the format for fill-in-the-blank lines and the bracketed instruction for filling in the blank. The committee changed the brackets to parentheses and moved the instruction in parentheses to immediately precede the blank line. For example, the previous format “______[Name]” is now “(name) ______.” The committee made this formatting change only to forms otherwise modified this year. The committee will update this format in the remaining forms as the committee updates those forms.

The committee also deleted “Moving Party” and “Nonmoving Party.” In motions, declarations, and orders, the committee changed “Moving Party” to “Requesting Party.” In Motions and declarations, the committee changed “Nonmoving Party” to “Other Party”. In orders, the committee changed “Nonmoving Party” to “Nonrequesting Party.” The committee made this language change only to forms otherwise modified this year. The committee will update this language in the remaining forms as the committee updates those forms.

A table with detailed descriptions of the changes begins on the next page.

Child Support Schedule/Worksheets
WSCSS - Schedule / Washington State Child Support Schedule Definitions and Standards, Instructions and Economic Table
On the cover page, change the Effective Dates for the Definitions & Standards, Instructions, and Worksheets to June 12, 2008. Add a new line for:
“Worksheets – RDP June 12, 2008”
On page 1, in “INCOME STANDARDS”, paragraph 3 Income sources included in gross monthly income,” towards the end of the paragraph, after “benefits;” and before “maintenance” delete “spousal.”
On page 2, in paragraph 4. Income sources excluded from gross monthly income, beginning in the third line, after “new spouse” and before “or income…” insert “or domestic partner.”
On page 2, in paragraph 5. Determination of net income, after “court-ordered” and before “maintenance” delete “spousal.”
On page 3, under “DEVIATION STANDARDS” in paragraph a. Sources of income and tax planning, change paragraph “i” as follows:
“Income of a new spouse or new domestic partner if the parent who is married to the new spouse or the parent who is in a domestic partnership with the new domestic partner is asking for a deviation based on any other reason. Income of a new spouse or domestic partner is not, by itself, a sufficient reason for deviation;”
On page 3, paragraph 1. e. Children from other relationships, paragraph i., change “mother, father” to “parents.”
On page 4, paragraph 2, after “new spouses” and before “,and other adults,” insert “or domestic partners.”
On page 1 of the Instructions, change LINE 1d by deleting “spousal” in the subheading and in the text.
ON page 2, change LINE 2f by deleting “spousal” in the subheading and in the text.
On page 4, under “OTHER HOUSEHOLD INCOME,” change LINE 18a as follows:
LINE 18a, Income of Current Spouse or Domestic Partner: If a parent is currently married to or in a domestic partnership withsomeone other than the parent of the child(ren) for whom support is being determined, list the name and enter the income of the present spouse or domestic partner.
WSCSS - Worksheets / Washington State Child Support Schedule Worksheets (CSW)
In page 1, in line 1d, delete “Spousal.”
On page 2, in line 2f, delete “Spousal.”
On page 4, in line 18a, at the end of the subheading, add “or Domestic Partner.”
WSCSS – Worksheets RDP / Washington State Child Support Schedule Worksheets – Registered Domestic Partnerships (CSW)
This is a new form implementing Laws of 2008, ch. 6.
For Use in All Family Law Cases
WPF DRPSCU 01.0250 / Return of Service (RTS)
Change paragraph 2 from:
“I served ______[Name] with the following documents:”
To:
“I served the following documents to (name) ______:”
Make the following changes to the check boxes in paragraph 2:
Separate the first check box into two, as follows:
[ ]summons, a copy of which is attached
[ ]petition in this action
Move the following check box down the list to the eighth check box:
[ ]Notice Re: Dependent of a Person in Military Service
Add “proposed” to the following three check box options:
[ ]proposed parenting plan or residential schedule
[ ] proposed child support order
[ ]proposed child support worksheets
Separate the following check box:
[ ]notice of and motion for temporary order
Into two check box options with the following changes:
[ ]notice of hearing for ______and
[ ]motion for temporary order
Delete the check box option:
[ ]adequate cause notice of hearing
Move the check box option for “declarations of ______” below the check box for “motion for and order to show cause re: _____”
Insert the following new check box option above the “other” box:
[ ]temporary order
In paragraph 4, third check box, change the instructions in parentheses as follows:
(File A copy of the summons is attached.Affidavit of Publication separately.)
In paragraph 4, fourth check box, change the instructions in parentheses as follows:
(TapeAttach return receipt below.)
At the bottom of page 2, in the instructions in parentheses, delete “Attach” and replace it with “Tape.” Below, add the following paragraph:
“File the original Return of Service with the clerk. Provide a copy to the law enforcement agency where protected person resides if the documents served include a restraining order signed by the court.”
WPF DRPSCU 01.0270 / Summons by Publication (SM)
In paragraph 1, change the first and third check box options by inserting “or domestic partnership” after “marriage” and before “be.”
Make the following changes in paragraph 2:
In the first check box option, change “[ ] husband [ ] wife” to [ ] petitioner [ ] respondent.”
In the fourth check box option, delete “Child Support Schedule” and replace it with “child support statutes.”
In the ninth check box option, change “wife” to “petitioner.”
In the tenth check box option, change “husband” to “respondent.”
In paragraph 3, change the phrase:
“In the case of a dissolution of marriage,”
To:
“In the case of a dissolution,”
Make the following changes in paragraph 4:
Change the first check box option as follows:
[ ] WPF DR 01.0300, Response to Petition (Domestic RelationsMarriage)
Add the following as the new second check box option:
[ ] WPF DR 01.0305, Response to Petition (Registered Domestic Partnership)
In the eighth check box option, change the form number from “WPF DR 06.0300” to “WPF DRPSCU 06.0300.”
Add the following check box option at the end of the list:
[ ]WPF PS 15A.0300, Response to Petition for Residential Schedule/Parenting Plan/Child Support (Out-of-State Acknowledgment of Paternity)
WPF DRPSCU 01.0290 / Summons by Mail (SM)
This form was moved to the “For Use in All Family Law Cases” set of forms, and modified for use in all cases. “Domestic Partnership” is also added, as appropriate. It replaces the deleted forms WPF DR 01.0290 and PS 01.0290.
WPF DRPSCU 01.0600 / Declaration Regarding Public Assistance (DCLR)
A new optional use form based upon RCW 26.23.130.
WPF DRPSCU 03.0100 / Motion and Declaration for Default (MTDFL)
This form was moved to the “For Use in All Family Law Cases” set of forms, and modified for use in all cases. It replaces the deleted forms DR 03.0100, CU 02.0700, and PS 03.0100.
WPF DRPSCU 03.0200 / Order on Motion for Default (ORDFL)
This form was moved to the “For Use in All Family Law Cases” set of forms, and modified for use in all cases. It replaces the deleted forms DR 03.0200, CU 02.0800, and PS 03.0200.
WPF DRPSCU 05.0100 / Motion/Declaration for an Order to Show Cause re Contempt (MTSC)
This form was moved to the “For Use in All Family Law Cases” set of forms, and modified for use in all cases. It replaces DR 05.0100 and PS 05.0100.
WPF DRPSCU 05.0150 / Order to Show Cause re Contempt (ORTSC)
This form was moved to the “For Use in All Family Law Cases” set of forms, and modified for use in all cases. It replaces DR 05.0150 and PS 05.0150.
WPF DRPSCU 05.0200 / Order on Show Cause re Contempt/Judgment (ORCN)
This form was moved to the “For Use in All Family Law Cases” set of forms, and modified for use in all cases. It replaces DR 05.0200 and PS 05.0200.
Modification of Child Support [This is a new,separate set of forms.]
WPF DRPSCU 06.0100 / Petition for Modification of Child Support (PTMD)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0100 to DRPSCU 06.0100
In the first paragraph, delete “______[name]” and replace it with “(Name of requesting party)______.”
In paragraph 1.1, for each line, change the instructions for the blank lines by adding “only” as follows:
“The petitioner resides in (county and state only) ______”
In paragraph 1.3, in the second check box option, delete “presently” and change it to “currently.”
Under “Relief Requested,” in the first check box option, delete “Child Support Schedule” and replace it with “child support statutes.”
Below the two signature lines on the last page, delete “Petitioner” and replace it with “Requesting Party.”
WPF DRPSCU 06.0200 / Summons for Modification of Child Support (SM)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0200 to DRPSCU 06.0200.
In paragraph 3, change the form number for the response form from “WPF DR 06.0300” to “WPF DRPSCU 06.0300.”
Below the signature line on the last page, delete “Moving Party” and replace it with “Requesting Party.”
In the service address section, in the first check box option, delete “Moving Party” and replace it with “Requesting Party.”
WPF DRPSCU 06.0300 / Response to Petition for Modification of Child Support (RSP)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0300 to DRPSCU 06.0300.
WPF DRPSCU 06.0400 / Motion/Declaration for Default (Child Support Modification) (MTDFL)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0400 to DRPSCU 06.0400.
In the first paragraph, on the first line, delete “______[name]” and replace it with “(Name of requesting party)______.” On the second line, delete “____ [name]” and replace it with “(name of other party to be defaulted) ______.”
Below the signature line, delete “Moving Party” and replace it with “Requesting Party.”
In paragraph 2.1 for each line, change the instructions for the blank lines by adding “only” as follows:
“The petitioner resides in (county and state only) ______”
In all paragraphs, delete “nonmoving party” and replace it with “other party.”
Below the signature line on the last page, delete “Moving Party” and replace it with “Requesting Party.”
WPF DRPSCU 06.0450 / Order on Motion for of Default (Child Support Modification) (ORDFL)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0300 to DRPSCU 06.0300.
Change the name of the form as indicated, above. Below the form name, insert the following two new check boxes:
[ ] granted (ORDFL)
[ ] denied (ORDYMT)
In all paragraphs, delete “Nonmoving Party” and replace it with “Nonrequesting Party.”
In section III. Order, in the second check box option, delete “moving party” and replace it with “requesting party.”
WPF DRPSCU 06.0500 / Motion and Declaration to Present Oral Testimony (Child Support Modification) (MT)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from 26.09 and renamed from DR 06.0500 to DRPSCU 06.0500.
Below the signature lines on the first and last pages, delete “Moving Party” and replace it with “Requesting Party.”
WPF DRPSCU 06.0520 / Response re Oral Testimony (Child Support Modification) (RSP)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0520 to DRPSCU 06.0520.
In the first paragraph, before the blank line, insert
“(Name of nonrequesting party)”
Below the signature line, delete “Responding Party” and replace it with “Nonrequesting Party.”
WPF DRPSCU 06.0540 / Order re Oral Testimony (Child Support Modification) (ORH)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0540 to DRPSCU 06.0540.
WPF DRPSCU 06.0560 / Notice of Hearing (Child Support Modification) (NTHG)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0560 to DRPSCU 06.0560.
In the signature line, delete “Moving Party” and replace it with “Requesting Party.”
WPF DRPSCU 06.0570 / Request to Schedule Hearing (Child Support Modification) (RQ)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0570 to DRPSCU 06.570.
Below section II. Request, and in the signature line, delete “Moving Party” and replace it with “Requesting Party.”
WPF DRPSCU 06.0600 / Findings/Conclusions on Petition for Modification of Child Support (FNFCL)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0600 to DRPSCU 06.0600.
In paragraph 2.1 delete “responding party” and replace it with “nonrequesting party,” and delete “presently” and replace it with “currently.”
In paragraph 2.2, in the last sentence, before the blank line, delete “on” and replace it with “dated on.”
In paragraph 2.7, in the first sentence, after “of” and before the blank line, insert “this date or on (date).”
WPF DRPSCU 06.0700 / Order on Modification of Child Support (ORMDD)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0700 to DRPSCU 06.0700.
Below section II. Order, in the second check box option, in the second sentence, after “on” and before the blank line, insert “this date or dated.”
WPF DRPSCU 06.0800 / Motion and Declaration for Adjustment of Child Support (MT)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0800 to DRPSCU 06.0800.
Below the signature line on the first and last pages, delete “Moving Party” and replace it with “Requesting Party.”
WPF DRPSCU 06.0900 / Order Re Adjustment of Child Support (OR)
This form was moved from the “26.09” set of forms to the new “Modification of Child Support” set of forms. Its number changed from DR 06.0900 to DRPSCU 06.0900.
Below section III. Order, in the second check box option, after “on” and before the blank line, insert “this date or dated.”
Modification of Parenting Plan/Residential Schedule Forms
WPF DRPSCU 07.0100 / Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (PTMD)
In the caption, insert the following below the form name:
Para. 2.14: check box if petition is attached for:
[ ] Order for protection DV (PTORPRT)
[ ] Order for protection UH (PTORAH)
Throughout the form, delete “Moving Party” and replace it with “Requesting Party.”
Throughout the form, delete “Nonmoving Party” and replace it with “Other Party.”
In paragraphs 1.1 and 1.2, in each line, after “Last known residence” and before the blank line, insert “(county and state only).
In paragraph 2.3, change the second check box option as follows:
An order establishing child support in conjunction with the proposed parenting plan should be enter Child support should be modified or established if the court grants the petition to modify the parenting plan or residential schedule. ed. A child support worksheet and financial declaration must behave been filed with this action. (No separate petition for modification of child support needs to be filed.)RCW 26.09.170.
In paragraph 2.4, after “in” and before the blank line, insert “(county and state only).”
In paragraph 2.6, change “Mother’s Name” and “Father’s Name” in each location to “Parent’s Name.”
In paragraph 2.14, delete the second check box option and replace it with:
[ ]There is a protection order between the parties filed in case number ______, court ______, which expires on (date) ______.
[ ]The court should grant the [ ] domestic violence
[ ] antiharassment petition for order for protection:
[ ] attached to this petition.
[ ] filed separately under [ ] this case number [ ] case number ______.
At the end of the sentence beginning with “If you need immediate protection,” insert “or RCW 10.14 Antiharassment forms.”
Below the signature lines, delete “Moving Party” and replace it with “Requesting Party.”
WPF DRPSCU 07.0200 / Response to Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (RSP)
In the caption, insert the following below the form name:
Check box if petition is attached for:
[ ] Order for protection DV (PTORPRT)
[ ] Order for protection UH (PTORAH)
Throughout the form, delete “Nonmoving Party” and replace it with “Nonrequesting Party.”
In paragraph 2.3, delete the text of the paragraph and replace it with: