After the entry of a Decree, there are several areas that may need to be modified or changed in the future. This could include child support, spousal maintenance, or parenting plans (custody). In Washington, the legal standard for modifying a provision is significantly different than the initial determination. Please review the articles below to find out about Modification in Washington.Family Law: Calculating Income for Support in Washington In order to calculate child support or spousal maintenance, it is important to have accurate income information of the spouses. The Washington legislature has defined what is and what is not income for child support calculations in RCW 26.19.071, as follows: (1) Consideration of all income. All […]
Child Support Modification
Family Law: Child Support Modification The Order of Child Support can be adjusted through a child support modification procedure if there has been a substantial change in the circumstances of the parents or the child. Some examples include when one or both parents’ income has substantially increased or decreased; if the child now spends a […]
Grandparent Visitation
Family Law: Grandparent Visitation in Washington In 1973, the Washington State legislature authorized the rights of grandparents to petition the court for visitation with their grandchildren. In 2000 the US Supreme Court in Troxel v. Granville, ruled the statute unconstitutional. After the legislature amended the statute, in 2005 the Washington State Supreme Court in the […]
Modification of Parent Plan
Family Law: Modification of Parenting Plan If a substantial change in the circumstances of the child or the other parent has occurred since the entry of the Parenting Plan or Residential Schedule, based on new facts that have arisen or that were unknown to the Court at the time of the prior decree or plan, […]
Modification of Spousal Maintenance in Washington
The provisions for spousal maintenance in a Decree of Dissolution can be modified if there has been a substantial change in circumstances. An example would be if one or both of the parent’s employment and/or income has substantially increased or decreased, or their physical health has changed such that it effects their ability to earn. […]
Relocation of Children
Family Law: Relocation of Children In 2000, a new statute was enacted in Washington which codifies each parties’ rights and responsibilities before, during and after a parent seeks to move away with a child. Under the new relocation statute, if the person with whom the child resides a majority of the time plans to move, […]
Third Party – Grandparent Custody
Family Law: Third Party – Grandparent Custody in Washington There used to be a specific statutory section governing third party or grandparent custody cases (RCW 26.10). Third party referred to anyone other than the biological parents (grandparents, aunts, uncles, other friends and neighbors), who wants to seek custody of the child. Third parties were able […]