|
Superior Court of Washington
County of
|
[ ] In re the Marriage of:
[ ] In re the Domestic Partnership of:
Petitioner,
and
Respondent. |
No.
Order of
Child Support
[ ] Temporary (TMORS)
[ ] Final Order (ORS)
Clerk’s
Action Required |
I. Judgment Summary
1.1
Judgment Summary for Non-Medical Expenses
[ ] Does not apply.
[ ] Applies as follows:
A. Judgment
creditor
B. Judgment
debtor
C. Principal judgment amount (back child support/other
obligations) $
from (date) ______________ through (date) ______________
D. Interest to date of
judgment $
E. Attorney
fees
$
F.
Costs
$
G. Other recovery amount
$
H. Principal judgment shall bear interest at __________ % per
annum
I. Attorney fees, costs and other recovery amounts shall
bear interest at _______% per annum
J. Attorney for judgment creditor
K. Attorney for judgment debtor
L. Other:
1.2 Judgment Summary for Medical Support
[ ] Does not apply.
[ ] Applies as follows:
A. Judgment
creditor
B. Judgment
debtor
C. Judgment for medical
support $
from (date) ______________ through (date) ______________
D. Interest to date of
judgment $
E. Attorney
fees
$
F.
Costs
$
G. Principal judgment shall bear interest at __________ % per
annum
H. Attorney fees, costs and other recovery amounts shall bear
interest at ______ % per annum
I. Attorney for judgment creditor
J. Attorney for judgment
debtor
K. Other
II. Basis
2.1 Type of Proceeding
This order is entered under a petition for dissolution
of marriage or domestic partnership, legal separation, or
declaration concerning validity:
[ ] decree of dissolution, legal separation or a
declaration concerning validity.
[ ] order for modification of child support.
[ ] hearing for temporary child support.
[ ] order of adjustment.
[ ] order for modification of a custody decree
or parenting plan.
[ ] other:
2.2 Child Support Worksheet
The child support worksheet which has been approved by
the court is attached to this order and is incorporated by reference
or has been initialed and filed separately and is incorporated by
reference.
2.3 Other
III. Findings and Order
It Is Ordered:
3.1 Child(ren) for Whom Support is Required
3.2 Person Paying Support (Obligor)
Name (first/last):
Birth date:
Service Address: (You may list an address that is not
your residential address where you agree to accept legal documents.)
The Obligor Parent
Must Immediately File With the Court and the Washington State Child
Support Registry, and Update as Necessary, the Confidential
Information Form Required by RCW 26.23.050.
The Obligor Parent Shall Update the Information Required by
Paragraph 3.2 Promptly After any Change in the Information. The
Duty to Update the Information Continues as long as any Support Debt
Remains due Under This Order.
For
purposes of this Order of Child Support, the support obligation is
based upon the following income:
A.
[ ] Actual Monthly Net Income: $ _______________.
OR
B. [ ] Monthly net income after exclusion requiring
findings:
Actual
monthly gross income $ _______________ from which the court excludes
$ _______________ because the court finds that the obligor earned
that income from overtime or from second jobs beyond 40 hours per
week averaged over a 12-month period to:
[ ] provide for a current family’s needs; or
[ ] retire past relationship debts; or
[ ] retire child support debt; and
that
the income will cease when the obligor has paid off his or her
debts.
Monthly net income after allowed exclusion:
$_________________.
OR
C. [ ] The net income of the obligor is imputed at $
_______________ because:
[ ] the obligor’s income is unknown.
[ ] the obligor is voluntarily
unemployed.
[ ] the obligor is voluntarily
underemployed.
The amount of imputed income is based on the following information
in order of priority. The court has used the first option for which
there is information:
[ ] current rate of pay.
[ ] reliable historical rate of pay information.
[ ] Past earnings when there is incomplete or sporadic
information of the parent’s past earnings.
[ ] minimum wage in the jurisdiction where the parent lives
at full-time earnings because the parent:
[ ] has a recent history of minimum wage jobs,
[ ] recently came off public assistance, general
assistance-unemployable, supplemental security income, or disability
[ ] was recently released from incarceration, or
[ ] is a high school student.
[ ] Median Net Monthly Income Table.
[
] Other:
3.3 Person Receiving Support (Obligee)
Name (first/last):
Birth date:
Service Address: (You may list an address that is not
your residential address where you agree to accept legal documents.)
The Obligee Must
Immediately File With the Court and the Washington State Child
Support Registry and Update as Necessary the Confidential
Information Form Required by RCW 26.23.050.
The Obligee Shall Update the Information Required by
Paragraph 3.3 Promptly After any Change in the Information. The
Duty to Update the Information Continues as Long as any Monthly
Support Remains Due or any Unpaid Support Debt Remains Due Under
This Order.
For
purposes of this Order of Child Support, the support obligation is
based upon the following income:
A.
[ ] Actual monthly Net Income: $ _______________.
OR
B.
[ ] Monthly net income after exclusion requiring
findings:
Actual
monthly gross income $ _______________ from which the court excludes
$ _______________ because the court finds that the obligee earned
that income from overtime or from second jobs beyond 40 hours per
week averaged over a 12-month period to:
[
] provide for a current family’s needs; or
[
] retire past relationship debts; or
[
] retire child support debt; and
that
the income will cease when the obligee has paid off his or her
debts.
Monthly net income after allowed exclusion: $_________________.
OR
C.
[ ] The net income of the obligee is imputed at $
_______________ because:
[ ] the obligee’s income is unknown.
[ ] the obligee is voluntarily
unemployed.
[ ] the obligee is voluntarily
underemployed.
The amount of imputed income is based
on the following information in order of priority. The court has
used the first option for which there is information:
[ ] current rate of pay;
[ ] reliable historical rate of pay information;
[ ] Past earnings when there is incomplete or sporadic
information of the parent’s past earnings;
[ ] minimum wage in the jurisdiction where the parent lives
at full-time earnings because the parent:
[ ] has a recent history of minimum wage jobs;
[ ] recently came off public assistance, general
assistance-unemployable, supplemental security income; or disability
[ ] was recently released from incarceration, or
[ ] is a high school student;
[ ] Median Net Monthly Income Table.
[ ] Other:
The obligor may be able to seek reimbursement for day
care or special child rearing expenses not actually incurred. RCW
26.19.080.
3.4 Service of Process
Service
of Process on the Obligor at the Address Required by Paragraph 3.2
or any Updated Address, or on the Obligee at the Address Required by
Paragraph 3.3 or any
Updated Address, may Be Allowed or Accepted as Adequate in any
Proceeding to Establish, Enforce or Modify a Child Support Order
Between the Parties by Delivery of Written Notice to the Obligor or
Obligee at the Last Address Provided.
3.5 Transfer Payment
The obligor parent shall pay the following amounts per
month for the following child(ren):
Name
Amount
$
$
$
$
Total Monthly Transfer Amount
$
[ ] The parents’ combined monthly net income
exceeds $12,000 and the court sets child support in excess of the
presumptive amount for $12,000 because:
[ ] The court finds that the obligor’s child
support obligations owed for all his or her biological or legal
children exceed 45% of his or her net income and it is [ ] just
[ ] unjust to apply the 45% limitation based upon the best interests
of the child(ren) and the circumstances of each parent as follows:
[ ] If one of the children changes age brackets,
the child support shall be as follows:
[ ] 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:
[ ] Other:
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.
3.6 Standard Calculation
$
per
month. (See Worksheet line 17.)
3.7 Reasons for Deviation From Standard Calculation
[ ]
The child support amount ordered in paragraph 3.5 does not deviate
from the standard calculation.
[ ]
The child support amount ordered in paragraph 3.5 deviates from the
standard calculation for the following reasons:
[ ] Income of a new spouse or new domestic partner of the parent
requesting a deviation for other reasons;
[ ] Income of other adults in the household of the parent
requesting a deviation for other reasons;
[ ] Child support actually paid or received for other child(ren)
from other relationships;
[ ] Gifts;
[ ] Prizes;
[ ] Possession of wealth;
[ ] Extraordinary income of child(ren);
[ ] Tax planning which results in greater benefit to the
child(ren);
[ ] Income from overtime or second jobs that was excluded from
income of the parent requesting a deviation for other reasons;
[ ] A nonrecurring source of income;
[ ] Extraordinary debt not voluntarily incurred;
[ ] A significant disparity in the living costs of the parents due
to conditions beyond their control;
[ ] Special needs of disabled child(ren);
[ ] Special medical, educational, or psychological needs of the
child(ren);
[ ] The child(ren) spend(s) a significant amount of time with the
parent who is obligated to make a support transfer payment. The
deviation does not result in insufficient funds in the receiving
parent’s household to meet the basic needs of the child(ren). The
child(ren) do(es) not receive public assistance;
[ ] Child(ren) from other relationships;
[ ] Costs incurred or anticipated to be incurred by the parents in
compliance with court-ordered reunification efforts or under a
voluntary placement agreement with an agency supervising the
child(ren);
[ ] The obligor has established that it is unjust to apply the
presumptive minimum payment of $50.00 per child;
[ ] The obligee has established that it is unjust to apply the
self-support reserve.
[ ] Other reason(s) for deviation:
The factual basis for these reasons is as follows:
3.8 Reasons
why Request for Deviation Was Denied
[ ] Does not apply. A deviation was ordered.
[ ] A deviation was not requested.
[ ] The deviation sought by the [ ] obligor [ ]
obligee was denied because:
[ ] no good reason exists to justify
deviation.
[ ] other:
3.9 Starting Date and Day to Be Paid
Starting Date:
________________________
Day(s) of the month support is due:
________________________
3.10 Incremental Payments
[ ] Does not apply.
[ ] This is a modification of child support.
Pursuant to RCW 26.09.170 (9)(a) and (c), the obligation has been
modified by more than 30 percent and the change would cause
significant hardship. The increase in the child support obligation
set forth in Paragraph 3.5 shall be implemented in two equal
increments, one at the time of this order and the second on (date)
_______________ six months from the entry of this order.
3.11 Making Support Payments
Select
Enforcement and Collection, Payment Services Only, or Direct Payment:
[ ] Enforcement and collection: The Division of
Child Support (DCS) provides support enforcement services for this
case because: [ ] this is a public assistance case,
[ ] this is a case in which a parent has requested services from
DCS, [ ] a parent has signed the application for services
from DCS on the last page of this support order. (Check all
that apply.) Support payments shall be made to:
Washington State Support
Registry
P. O. Box 45868
Olympia, WA 98504
Phone: 1-800-922-4306 or
1-800-442-5437
[ ] Payment services only: The Division of
Child Support will process and keep a record of all payments but
will not take any collection action. Support payments shall be made
to:
Washington State Support Registry
P. O. Box 45868
Olympia, WA 98504
Phone: 1-800-922-4306 or
1-800-442-5437
[ ] Direct Payment: Support payments shall be
made directly to:
Name
Mailing Address
________________________________________
A party required to make payments to the Washington
State Support Registry will not receive credit for a payment made to
any other party or entity. The obligor parent shall keep the
registry informed whether he or she has access to health insurance
coverage at reasonable cost and, if so, to provide the health
insurance policy information.
Any time the Division of Child Support
is providing support enforcement services under
RCW 26.23.045, or if a party is applying for support enforcement
services by signing the application form on the bottom of the
support order, the receiving parent might be required to submit an
accounting of how the support, including any cash medical support,
is being spent to benefit the child(ren).
3.12 Wage Withholding Action
Withholding action may be taken against wages, earnings,
assets, or benefits, and liens enforced against real and personal
property under the child support statutes of this or any other
state, without further notice to the obligor parent at any time
after entry of this order unless an alternative provision is made
below:
[If the court orders immediate wage withholding in a
case where Division of Child Support does not provide support
enforcement services, a mandatory wage assignment under Chapter
26.18 RCW must be entered and support payments must be made to the
Support Registry.]
[ ] Wage withholding, by notice of payroll
deduction or other income withholding action under Chapter 26.18 RCW
or Chapter 74.20A RCW, without further notice to the obligor, is
delayed until a payment is past due, because:
[ ] the parties have reached a
written agreement that the court approves that provides for an
alternate arrangement.
[ ] the Division of Child Support
provides support enforcement services for this case [see 3.11] and
there is good cause [as stated below under "Good Cause"] not to
require immediate income withholding which is in the best interests
of the child(ren) and, in modification cases, previously ordered
child support has been timely paid.
[ ] the Division of Child Support
does not provide support enforcement services for this case [see
3.11] and there is good cause [as stated below under "Good Cause"]
not to require immediate income withholding.
Good Cause:
3.13 Termination of Support
Support shall be paid:
[ ] provided that this is a temporary order,
until a subsequent child support order is entered by this court.
[ ] until the child(ren) reach(es) the age of 18
or as long as the child(ren) remain(s) enrolled in high school,
whichever occurs last, except as otherwise provided below in
Paragraph 3.14.
[ ] until the child(ren) reach(es) the age of
18, except as otherwise provided below in Paragraph 3.14.
[ ] after the age of 18 for (name)
______________________________ who is a dependent adult child, until
the child is capable of self-support and the necessity for support
ceases.
[ ] until the obligation for post secondary
support set forth in Paragraph 3.14 begins for the child(ren).
[ ] Other:
3.14 Post Secondary Educational Support
[ ] The right to request post secondary support
is reserved, provided that the right is exercised before support
terminates as set forth in paragraph 3.13.
[ ] The parents shall pay for the post secondary
educational support of the child(ren). Post secondary support
provisions will be decided by agreement or by the court.
[ ] No post secondary educational support shall
be required.
[ ] Other:
3.15 Payment for Expenses not Included in the Transfer Payment
[ ] Does not apply because all payments, except
medical, are included in the transfer payment.
[ ] The petitioner shall pay __________% and the
respondent __________ % (each parent’s proportional share of income
from the Child Support Schedule Worksheet, line 6) of the following
expenses incurred on behalf of the child(ren) listed in Paragraph
3.1:)
[ ] day care.
[ ] educational expenses.
[ ] long distance transportation
expenses.
[ ] other:
Payments shall be made to [ ] the provider
of the service [ ] the parent receiving the transfer payment.
[ ] The obligor shall pay the following amounts
each month the expense is incurred on behalf of the child(ren)
listed in Paragraph 3.1:
[ ] day care: $ _______________
payable to the [ ] day care provider [ ] other parent;
[ ] educational expenses: $
_______________ payable to the [ ] educational provider [ ] other
parent;
[ ] long distance transportation: $
_______________ payable to the
[ ] transportation provider [ ]
other parent.
[ ] other:
3.16 Periodic Adjustment
[ ] Does not apply.
[ ] Child support shall be adjusted periodically
as follows:
[ ] Other:
3.17 Income Tax Exemptions
[ ] Does not apply.
[ ] Tax exemptions for the child(ren) shall be
allocated as follows:
[ ] The parents shall sign the federal income
tax dependency exemption waiver.
[ ] Other:
3.18 Medical
Support – Health Insurance
Each parent shall provide health insurance coverage for the
child(ren) listed in paragraph 3.1, as follows:
3.18.1 Health Insurance
(either check box A(1), or check box A(2) and complete sections B
and C. Section D applies in all cases.)
A. Evidence
(1) [ ] There is insufficient evidence for the court
to determine which parent must provide coverage and which parent
must contribute a sum certain. Therefore, the court is not
specifying how insurance coverage shall be provided. The
petitioner’s and respondent’s medical support obligations may be
enforced by the Division of Child Support or the other parent under
RCW 26.18.170 as described in paragraph 3.18.2, below.
OR
(2) [ ] There is sufficient evidence for the court to determine
which parent must provide coverage and which parent must contribute
a sum certain. Fill in B and C below.
B. Findings about insurance:
[ ] Does not apply because A (1) is checked, above.
[ ] The court makes the following findings:
|
_________________
(Parent’s Name) |
_________________
(Parent’s Name) |
Check at least one of the following findings
for each parent. |
|
[ ] |
|
Insurance coverage for the child(ren) is available and
accessible to this parent at $_________ cost (child(ren)’s
portion of the premium, only). |
|
|
[ ] |
Insurance coverage for the child(ren) is available and
accessible to this parent at $_________ cost (child(ren)’s
portion of the premium, only). |
|
[ ] |
|
Insurance coverage for the child(ren) is available but
not accessible to this parent at $_________ cost
(child(ren)’s portion of the premium, only). |
|
|
[ ] |
Insurance coverage for the child(ren) is available but
not accessible to this parent at $_________ cost
(child(ren)’s portion of the premium, only). |
|
[ ] |
|
Neither parent has available or accessible insurance through
an employer or union; but this parent is able to provide
private coverage at a cost not to exceed 25% of this
parent’s basic support obligation. |
|
|
[ ] |
Neither parent has available or accessible insurance through
an employer or union; but this parent is able to provide
private coverage at a cost not to exceed 25% of this
parent’s basic support obligation. |
|
[ ] |
[ ] |
(Check only one parent) Both parties have available and
accessible coverage for the child(ren). The court finds that
this parent has better coverage considering the needs of the
child(ren), the cost and extent of each parent’s coverage,
and the accessibility of the coverage. |
|
[ ] |
[ ] |
Other:
|
C. Parties’ obligations:
[ ] Does not apply because A (1) is checked above.
[ ] The court makes the following orders:
|
_________________
(Parent’s Name) |
_________________
(Parent’s Name) |
Check at least one of the following options for
each parent. |
|
[ ] |
[ ] |
This parent shall provide health insurance coverage for the
child(ren) that is available through employment or is
union-related as long as the cost of such coverage
does not exceed 25% of this parent’s basic support
obligation. |
|
[ ] |
[ ] |
This parent shall provide health insurance coverage for the
child(ren) that is available through employment or is
union-related even though the cost of such coverage
exceeds 25% of this parent’s basic support obligation.
It is in the best interests of the child(ren) to provide
such coverage despite the cost because:
|
|
[ ] |
[ ] |
This parent shall provide private health insurance
coverage for the child(ren) as long as the cost of such
coverage does not exceed 25% of this parent’s basic
support obligation. |
|
[ ] |
[ ] |
This parent shall provide private health insurance
coverage for the child(ren) even though the cost of such
coverage exceeds 25% of this parent’s basic support
obligation. It is in the best interests of the child(ren)
to provide such coverage despite the cost because:
|
|
[ ] |
[ ] |
This parent shall pay $________ towards the health insurance
premium being paid by the other parent. This amount is this
parent’s proportionate share of the premium or 25% of this
parent’s basic support obligation, whichever is less. This
payment is only required if this parent is not providing
insurance as described above. |
|
[ ] |
[ ] |
This parent’s contribution to the health insurance premium
is calculated in the Worksheet and included in the transfer
payment. |
|
[ ] |
[ ] |
This parent shall be excused
from the responsibility to provide health insurance coverage
and from the responsibility to provide monthly payment
towards the premium because:
(Only one parent may be excused.) |
D. Both parties’ obligation:
If the child(ren) are receiving state financed medical coverage, the
Division of Child Support may enforce the responsible parent’s
monthly premium.
The
parent(s) shall maintain health insurance coverage, if available for
the child(ren) listed in paragraph 3.1, until further order of the
court or until health insurance is no longer available through the
parents’ employer or union and no conversion privileges exist to
continue coverage following termination of employment.
A
parent who is required under this order to provide health insurance
coverage is liable for any covered health care costs for which that
parent receives direct payment from an insurer.
A
parent who is required under this order to provide health insurance
coverage shall provide proof that such coverage is available or not
available within 20 days of the entry of this order to the other
parent or the Washington State Support Registry if the parent has
been notified or ordered to make payments to the Washington State
Support Registry.
If
proof that health insurance coverage is available or not available
is not provided within 20 days, the parent seeking enforcement or
the Department of Social and Health Services may seek direct
enforcement of the coverage through the other parent’s employer or
union without further notice to the other parent as provided under
Chapter 26.18 RCW.
3.18.2 Change of
Circumstances and Enforcement
A
parent required to provide health insurance coverage must notify
both the Division of Child Support and the other parent when
coverage terminates.
If the
parents’ circumstances change, or if the court has not specified how
medical support shall be provided, the parents’ medical support
obligations will be enforced as provided in
RCW 26.18.170. If a parent does not provide proof of accessible
coverage for the child(ren) through private insurance,
a parent may be required to satisfy his or her medical support
obligation by doing one of the following,
listed in order of priority:
1)
Providing or maintaining health insurance coverage through the
parent’s employment or union at a cost not to exceed 25% of that
parent’s basic support obligation;
2)
Contributing the parent’s proportionate share of a monthly premium
being paid by the other parent for health insurance coverage for the
child(ren) listed in paragraph 3.1 of this order, not to exceed 25%
of the obligated parent’s basic support obligation; or
3)
Contributing the parent’s proportionate share of a monthly premium
paid by the state if the child(ren) receives state-financed medical
coverage through DSHS under RCW 74.09 for which there is an
assignment.
A
parent seeking to enforce the obligation to provide health insurance
coverage may apply for support enforcement services from the
Division of Child Support; file a motion for contempt (use form WPF
DRPSCU 05.0100, Motion/Declaration for an Order to Show Cause re
Contempt); or file a petition.
3.19 Uninsured Medical Expenses
Both parents have an
obligation to pay their share of uninsured medical expenses.
The petitioner shall pay __________% of uninsured medical expenses
(unless stated otherwise, the petitioner’s proportional share of
income from the Worksheet, line 6) and the respondent shall pay
___________% of uninsured medical expenses (unless stated otherwise,
the respondent’s proportional share of income from the Worksheet,
line 6).
3.20 Back Child Support
[ ] Back child support that may be owed is not
affected by this order.
[ ] Back interest that may be owed is not
affected by this order.
[ ] (Name) ___________________________________
is awarded a judgment against (name) __________________________ in
the amount of $ _______________ for back child support for the
period from (date) ____________ through (date) ______________.
[ ] (Name) _______________________________ is
awarded a judgment against
(name) ____________________________ in the amount of
$ _______________for back interest for the period from (date)
______________ through (date) ________________.
[ ] No back child support is owed at this time.
[ ] No back interest is owed at this time.
[ ] Other:
3.21 Past Due Unpaid Medical Support
[ ] Unpaid medical support that may be owed is
not affected by this order.
[ ] Back interest that may be owed is not
affected by this order.
[ ] (Name) ____________________________ is
awarded a judgment against
(name) _________________________ in the amount of
$ _______________for past due unpaid medical support for the period
from (date) ________ through (date) ________.
[ ] (Name) __________________________ is awarded
a judgment against
(name) ________________________ in the amount of
$ _______________for back interest for the period from (date)
______________ through (date) _______________.
[ ] No past due unpaid medical support is owed
at this time.
[ ] No back interest is owed at this time.
[ ] Other:
3.22 Other Unpaid Obligations
[ ] Other obligations that may be owed are not
affected by this order.
[ ] Back interest that may be owed is not
affected by this order.
[
] (Name) ________________________________ is awarded a
judgment against
(name) _________________________ in the amount of
$ _______________for [ ] child care [ ] ordered contributions to
extracurricular activities [ ] long distance transportation costs [
] educational expenses [ ] post secondary [ ] other
_________________________
for the period from (date) ______________ through (date)
___________________.
[ ] (Name) ________________________ is awarded a
judgment against
(name) _______________________ in the amount of $
_______________for back interest for the period from (date)
______________ through (date) ________________.
[
] No other obligations are owed at this time.
[ ] No back interest is owed at this time.
[ ] Other:
3.23 Other
Dated:
Judge/Commissioner
Presented
by:
Approved for entry:
Notice of presentation waived:
Signature of Party or Lawyer/WSBA No. Signature
of Party or Lawyer/WSBA No.
Print
Name
Print Name
[
] I apply for full support enforcement services from the
DSHS’ Division of Child Support (DCS).
(Note: If you never received TANF, tribal TANF, or
AFDC, an annual $25 fee applies if over $500 is disbursed on a case,
unless the fee is waived by DCS.)
Signature of Party
[
] Approval required in Public Assistance cases. The DSHS’
Division of Child Support received notice required by RCW 26.23.130.
This order has been reviewed and approved as to:
[ ] Current Child Support
[ ] Back Child Support
[ ] Medical Support
[ ] Other:
____________________________________________
Deputy Prosecuting
Attorney/WSBA No.
|