Summary of Changes to Domestic Relations Forms

Summary of Changes to Domestic Relations Forms

June 8, 2000

Page 1

June 2000

SUMMARY OF CHANGES TO DOMESTIC RELATIONS FORMS

Use this sheet to track changes made in 2000 to the forms.

CHILD SUPPORT SCHEDULE AND WORKSHEETS

PLEASE NOTE: The following changes to the Child Support Schedule and Worksheets become effective SEPTEMBER 1, 2000.

WSCSS-Worksheets / Washington State Child Support Schedule - Worksheets
Line 2(a), to clarify litigants may use this line for both federal and state income taxes, (Federal and State) was added after Income Taxes.
Line 2(b), to clarify that FICA includes social security and medicare taxes, (Soc.Sec.+Medicare) was added after FICA.
Line 4, The following parenthetical phrase was added: (If combined monthly net income is less than $600, skip to line 7.)
Line 7, the following parenthetical phrase was added as the third, fourth and fifth lines: {If combined net monthly income on line 4 is less than $600, enter each parent’s support obligation of $25 per child. Number of children: ______. (Skip to line 15a and enter this amount.)
Part III, the title of Part III was changed from “Standard Calculation Child Support Obligation” to “Gross Child Support Obligation.”
Line 13, “Standard Calculation Support Obligation” was changed to “Gross Child Support Obligation.”
Part IV. The instructions page number was changed to 7.
Part V. “Net Support Obligation” was changed to “Standard Calculation.”
Line 15, “Net Support Obligation” was changed to “Standard Calculation.”
Lines 15(a) - (e) were added to provide spaces for the standard calculation when income is below and above $600 and for limitation standards adjustments:
a. Amount from line 7 if line 4 is below $600. Skip to part VI.
b. Line 13 minus line 14d, if line 4 is over $600 (see below if appl.)
Limitation standards adjustments
c. Amount on line 15b adjusted to meet 45% net income limitation
d. Amount on line 15b adjusted to meet need standard limitation
e. Enter the lowest amount of lines 15b, 15c or 15d:
WSCSS-Schedule / Washington State Child Support Schedule - Definitions and Standards, Instructions, Economic Table
Page 1, APPLICATION STANDARDS, paragraph 2, Written findings of fact supported by the evidence. The citation RCW 26.19.035(2) was inserted at the end of the paragraph to direct litigants to additional information.
Page 1, INCOME STANDARDS, paragraph 3, Income sources included in gross monthly income. “overtime” is inserted after “deferred compensation” and before “contract-related benefits.”
Page 2, ALLOCATION STANDARDS, paragraph 3, Day care and special child rearing expenses. The citation RCW 26.19.080 was inserted at the end of the paragraph to direct litigants to additional information.
Page 3, LIMITATION STANDARDS, paragraph 2, Basic subsistence limitation. The following parenthetical phrase was inserted at the end of the paragraph (See or the “Washington State Need Standard Chart.”)
Page 5, the Approximate Median Net Monthly Income table was updated using 1998 statistics as follows:
MALEageFEMALE
$1,36315-24$1,222
$2,15425-34$1,807
$2,61035-44$1,957
$2,84645-54$2,051
$2,88055-64$1,904
$2,82865+$1,940
Below the table, “Statistical Abstract of the United States: 1992,” was replaced with “Money Income in the United States: 1998, Current Population Reports, Median Income of People by Selected Characteristics: 1998, Full-Time, Year-Round Workers, Table 7.
Page 6, LINE 4 Combined Monthly Net Income, a new sentence was added: If the combined income on line 4 is less than $600, skip to line 7.
Page 6, LINE 7, Each Parent’s Basic Child Support Obligation, a second paragraph was added:
If the combined monthly net income on line 4 is less than $600, enter on line 7 each parent’s support obligation, which is the presumptive minimum amount of $25 multiplied by the number of children. Then skip to line 15(a) and enter the same amount.
Page 7, PART III, “STANDARD CALCULAITON SUPPORT OBLIGATION” was changed to “GROSS CHILD SUPORT OBLIGATION.
Page 7, LINE 13, “Standard Calculation Support Obligation” was changed to “Gross Child Support Obligation.”
Page 8, PART V: “NET SUPPORT OBLIGATION” was replaced with “STANDARD CALCULATION”
Page 8, LINE 15, the two instruction paragraphs for Net Support Obligation and for Presumptive Transfer Payment were replaced with the following paragraphs:
LINE 15a, if combined monthly income on line 4 is below $600, for each parent enter the amount from line 7 on line15a. If the court does not deviate from the standard calculation, the transfer payment should equal the amount in the paying person’s column. Skip to Part VI.
LINE 15b, for each parent subtract the total support credits (line 14d) from the gross childsupport obligation (line 13) and enter the resulting amounts on line 15b.
LINE 15c, Multiply line 3 by .45. If that amount is less than 15(b) enter that amount on line 15(c). If the amount is equal or greater than line 15(b) leave line 15(c) blank. You do not qualify for the 45% net income limitation standard.
LINE 15d, Subtract the standard need amount (page 3, Basicsubsistence limitation) from the amount on Line 3 for each parent. If that amount is less than Line 15(b) enter that amount on line 15(d). If that amount is equal to or greater than line 15(b) leave line 15(d) blank. You do not qualify for a need standard limitation.
LINE 15e, Enter the lowest amount from lines 15(b), 15(c) and 15(d) on line 15(e). If the court does not deviate from the standard calculation, the transfer payment should equal the amount in the paying person’s column.
Page 8, LINE 18e, Income from Assistance Programs, “AFDC” was replaced with “temporary assistance for needy families.”
ECONOMIC TABLE. The following sentence was inserted at the beginning of the paragraph below the economic table figures:
“In general setting support under this paragraph does not constitute a deviation.”

CHAPTERS 26.09, 26.10 and 26.26 RCW

PLEASE NOTE: The following forms are provisionally approved for immediate use. The WPF DRPSCU Child Relocation Act forms distributed with this packet will be superseded when the Washington State Supreme Court’s Pattern Forms Committee approves the forms in final in September 2000.

NOTE: Please contact the County Clerk for information regarding filing fees associated with the Child Relocation Act forms.

WPF DRPSCU forms / A new subset of domestic relations forms was developed for use in all case types. The generic caption should be modified to conform to the caption required for each case type. (For example, in divorce cases, the caption should be changed to “In re the Marriage of,” and the Children line may be deleted; in nonparental custody cases, the caption should be changed to “In re the Custody of;” and in establishment of parentage cases, the caption should be changed to “In re the Parentage of.” See captions for 26.09, 26.10 and 26.26 RCW forms for more information.)
The forms developed pursuant to the Relocation of Children Act, Ch. 21 Laws 2000, may be used in cases filed under 26.09, 26.10, 26.26 and 26.50 RCW.
WPF DRPSCU 07.0500 / Notice of Intended Relocation of Children
Use this form to provide the notice required by Ch. 21 Laws 2000 § 5. It contains the notice provisions required pursuant to Ch. 21 Laws 2000 § 6.
WPF DRPSCU 07.0550 / Motion/Declaration for Ex Parte Order to Waive Requirements for Notice of Intended Relocation of Children
Use this form to request a waiver of notice requirements as authorized by Ch. 21 Laws 2000 § 8.
WPF DRPSCU 07.0555 / Order Waiving Notice Requirements for Relocation of Children
Use this order upon the court’s granting a waiver of notice requirements as authorized by Ch. 21 Laws 2000 § 8.
WPF DRPSCU 07.0600 / Return of Service (Notice of Intended Relocation of Children)
WPF DRPSCU 07.0700 / Objection to Relocation/Motion for Modification of Custody Decree/Parenting Plan/Residential Schedule Pursuant to Relocation
Use this form to object to the relocation or the proposed parenting plan/residential schedule, as authorized by Ch. 21 Laws 2000 § 10.
WPF DRPSCU 07.0800 / Motion/Declaration for Temporary Order Re: Relocation of Children
Use this form to request an order preventing the relocation of the child pursuant to Ch. 21 Laws 2000 § 10(2) and § 13.
WPF DRPSCU 07.0810 / Motion/Declaration for an Ex Parte Order Allowing Change of Children’s Principal Residence (Relocation)
Use this form to request an ex parte order allowing a change of the children’s principal residence pursuant to Ch. 21 Laws 2000 § 10(2).
WPF DRPSCU 07.0850 / Temporary Order Re: Relocation of Children
Use this form if the court grants the motion for temporary order, pursuant to Ch. 21 Laws 2000 § 10(2) and § 13.
WPF DRPSCU 07.0855 / Ex Parte Order Re: Change of Children’s Principal Residence (Relocation)
Use this form if the court grants the motion for ex parte order allowing change of children’s principal residence pursuant to Ch. 21 Laws 2000 § 10(2).
WPF DRPSCU 07.0900 / Order On Objection to Relocation/Modification of Custody Decree/Parenting Plan/Residential Schedule (Relocation)
Present this order to the court after the hearing on the objection to relocation/modification of custody decree/parenting plan/residential schedule, pursuant to Ch. 21 Laws 2000 § § 10, 14,15, RCW 26.09.260(6), 26.26.160 and 26.10.190.
WPF DRPSCU 07.0950 / Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation)
Use this form to ask the court to modify the residential schedule when an objection is not filed, pursuant to Ch. 21 Laws 2000 § 12(5).
WPF DRPSCU 07.0955 / Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation)
Use this form if the court grants the motion to modify the residential schedule when an objection is not filed, pursuant to Ch. 21 Laws 2000 § 12(5).
WPF DRPSCU 07.1000 / Attachment A: Summary of Ch. 21 Laws 2000 §§ 5 - 10, Regarding Relocation of a Child
Use this attachment when a provision governing residence of a child is included in an order that does not already contain the summary.

CHAPTER 26.09 RCW

WPF DR 01.0100 / PETITION FOR DISSOLUTION OF MARRIAGE
Page 4 and 5, paragraph 1.11, CONTINUING RESTRAINING ORDER, in the second and third check box options, “or enjoins” was inserted after “restrains” and before “the respondent.” The following new option was inserted as the fourth check box option:
[ ] A continuing restraining order should be entered which restrains or enjoins the respondent from knowingly coming within or knowingly remaining within ______(distance) of ______(location).
WPF DR 01.0110 / Petition for Legal Separation
Page 4, paragraph 1.11, CONTINUING RESTRAINING ORDER, in the second and third check box options, “or enjoins” was inserted after “restrains” and before “the respondent.” The following new option was inserted as the fourth check box option:
[ ] A continuing restraining order should be entered which restrains or enjoins the respondent from knowingly coming within or knowingly remaining within ______(distance) of ______(location).
WPF DR 01.0120 / Petition for Declaration Concerning Validity
Page 5, paragraph 1.11, CONTINUING RESTRAINING ORDER, in the second and third check box options, “or enjoins” was inserted after “restrains” and before “the respondent.” The following new option was inserted as the fourth check box option:
[ ] A continuing restraining order should be entered which restrains or enjoins the respondent from knowingly coming within or knowingly remaining within ______(distance) of ______(location).
WPF DR 01.0200 / Summons
Page 2, the Washington State Supreme Court’s form homepage was updated to:
WPF DR 01.0270 / Summons by Publication
Page 2, the Washington State Supreme Court’s form homepage was updated to:
WPF DR 01.0290 / Summons by Mail
Page 2, the Washington State Supreme Court’s form homepage was updated to:
WPF DR 01.0400 / Parenting Plan
Page 2, paragraph 2.1, PARENTAL CONDUCT (RCW 26.09.191(1),(2)), the check boxes for father and mother were reversed, so that the order of the check box options throughout the form would be consistently [ ] mother [ ] father.
Page 3, paragraph 3.1, the title of the paragraph “PRE-SCHOOL SCHEDULE” was changed to “SCHEDULE FOR CHILDREN UNDER SCHOOL AGE.”
In the first check box option, “of preschool age” was change to “under school age.”
Page 5, paragraph 3.8, SCHEDULE FOR SPECIAL OCCASIONS, in the parentheses, “i.e.” was replaced with “for example.”
Page 6, paragraph 3.9, PRIORITIES UNDER THE RESIDENTIAL SCHEDULE, the second check box option was changed from “For purposes of this parenting plan the following days shall have priority:” to:
“If the residential schedule, paragraphs 3.1 - 3.8, results in a conflict where the children are scheduled to be with both parents at the same time, the conflict shall be resolved by priority being given as follows:
The next check box option “Parent’s vacations have priority over holidays, Holidays have priority over other special occasions,” was changed to:
[ ] Rank the order of priority, with 1 being given the highest priority:
____school schedule (3.1, 3.2)____vacation with parents (3.6)
____winter vacation (3.3)____holidays (3.7)
____spring vacation (3.4)____special occasions (3.8)
____summer schedule (3.5)
Page 6, paragraph 3.10, RESTRICTIONS, the order of the check box options for mother’s and father’s was reversed.
Page 6, paragraph 3.11, TRANSPORTATION ARRANGEMENTS, the following sentence was added as the first paragraph:
Transportation costs are included in the Child Support Worksheets and/or the Order of Child Support and should not be included here.
In the second paragraph, after “child(ren)” the phrase “other than costs” was deleted.
Page 7, following new section was added;
3.14SUMMARY OF Ch. 21 Laws 2000 §§5 - 10, REGARDING RELOCATION OF A CHILD:
This is a summary only. For the full text, please see Ch. 21 Laws 2000.
If the person with whom the child resides a majority of the time plans to move, that person shall give notice to every person entitled to court ordered time with the child.
If the move is outside the child’s school district, the relocating person must give notice by personal service or by mail requiring a return receipt. This notice must be at least 60 days before the intended move. If the relocating person could not have known about the move in time to give 60 days’ notice, that person must give notice within 5 days after learning of the move. The notice must contain the information required in Ch. 21 Laws 2000 § 6. See also form DR 07.0500 (Notice of Intended Relocation of A Child.)
If the move is within the same school district, the relocating person must provide actual notice by any reasonable means. A person entitled to time with the child may not object to the move but may ask for modification under RCW 26.09.260.
Notice may be delayed for 21 days if the relocating person is entering a domestic violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health and safety.
If information is protected under a court order or the address confidentiality program, it may be withheld from the notice.
A relocating person may ask the court to waive any notice requirements that may put the health and safety of a person or a child at risk.
Failure to give the required notice may be grounds for sanctions, including contempt.
If no objection is filed within 30 days after service of the notice of intended relocation, the relocation will be permitted and the proposed revised residential schedule may be confirmed.
A person entitled to time with a child under a court order can file an objection to the child’s relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DR 07.0700, (Objection to Relocation/Motion for Modification of Custody Decree/Parenting Plan/Residential Schedule (Relocation)). The objection must be served on all persons entitled to time with the child.
The relocating person shall not move the child during the time for objection unless: (a) the delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of the objection, the relocating person shall not move the child before the hearing unless there is a clear, immediate and unreasonable risk to the health or safety of a person or a child.
WPF DR 01.0500 / Order of Child Support
Page 2, in the section III heading, “FINDINGS AND” was inserted before “ORDER.”
Page 2, paragraph 3.1, CHILDREN FOR WHOM SUPPORT IS REQUIRED, a space for the SOC.SEC.NUMBER was inserted. This information is required pursuant to RCW 26.23.050.
Page 3, paragraph 3.2, PERSON PAYING SUPPORT (OBLIGOR), the warning paragraph beginning with “THE OBLIGOR PARENT’S PRIVILEGES…’ was removed and placed in paragraph 3.5.
Page 4, paragraph 3.3, PERSON RECEIVING SUPPORT (OBLIGEE), the sentence beginning with “the parent receiving support may be required…” was deleted. The following sentence was inserted:
The obligor may be able to seek reimbursement for day care or special child rearing expenses not actually incurred. RCW 26.19.080.
Page 4, paragraph 3.5, TRANSFER PAYMENT, the following check box option was inserted below the TOTAL MONTHLY AMOUNT:
[ ] The parents’ combined monthly net income exceeds $7,000 and the court sets child support in excess of the advisory amount because:
Page 4, the following warning was added to the end of paragraph 3.5:
THE OBLIGOR PARENT’S PRIVILEGES TO OBTAIN OR MAINTAIN A LICENSE, CERTIFICATE, REGISTRATION, PERMIT, APPROVAL, OR OTHER SIMILAR DOCUMENT ISSUED BY A LICENSING ENTITY EVIDENCING ADMISSION TO OR GRANTING AUTHORITY TO ENGAGE IN A PROFESSION, OCCUPATION, BUSINESS, INDUSTRY, RECREATIONAL PURSUIT, OR THE OPERATION OF A MOTOR VEHICLE MAY BE DENIED OR MAY BE SUSPENDED IF THE OBLIGOR PARENT IS NOT IN COMPLIANCE WITH THIS SUPPORT ORDER AS PROVIDED IN CHAPTER 74.20A REVISED CODE OF WASHINGTON.
Page 5, paragraph 3.7, REASONS FOR DEVIATION FROM STANDARD CALCULATION, the following check box option was deleted:
[ ] Payment would reduce the parent’s income level below the DSHS need standard for one person;
A new check box [ ] Other: was inserted at the end of paragraph 3.7, on page 6.
Page 6, paragraph 3.8, REASONS WHY REQUEST FOR DEVIATION WAS DENIED, the first check box option was changed from “[ ] Does not apply,” to
“[ ] A deviation was not requested.”
Page 6, paragraph 3.11, HOW SUPPORT PAYMENTS SHALL BE MADE, the following sentence was inserted at the beginning of the section:
Select either Enforcement and Collection or Payment Processing Only:
The title “Enforcement and collection:” was inserted at the beginning of the first check box option. In the parenthetical phrase, “welfare” was replaced with “public assistance.”
The title “Payment processing only:” was inserted at the beginning of the second check box option.
Page 9, paragraph 3.18, the section title was changed from “MEDICAL INSURANCE” to “MEDICAL INSURANCE FOR THE CHILDREN LISTED IN PARAGRAPH 3.1.”
The first paragraph beginning with “Health insurance coverage for the child(ren)…” and the two check box options following that paragraph were deleted and replaced with the following:
Unless one or more of the boxes below are checked, each parent shall maintain or provide health insurance coverage if: