Posted by DivorceLine in Washington Divorce Procedures
Complete overview of Washington divorce laws for people considering a Washington divorce or filing a Washington divorce with issues to be resolved about child custody, child support, visitation and alimony.
Washington Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Washington, you must make sure the Family Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Washington residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state.
Petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken will not be acted upon by the court until 90 days has elapsed since the filing and the service of summons on the respondent.
The Dissolution of Marriage is typically filed with in county in which the filing spouse resides. (Revised Code of Washington – Title 26 – Chapters: 26.09.010, 26.09.030).
Washington Grounds for Divorce
The Petition for Dissolution of Marriage is the initial document filed with the Washington court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
The only grounds for a dissolution of marriage in the state of Washington is, “Irretrievable Breakdown of the Marriage”.
The court shall enter a decree of dissolution under these grounds if the other party does not deny that the marriage is irretrievably broken.
If the other party denies that the marriage is irretrievably broken the court shall consider all relevant factors and decide whether or not there is a chance of reconciliation. (Revised Code of Washington – Title 26 – Chapters: 26.09.030).
Washington Uncontested Divorce
This information is an overview of the uncontested Washington divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Washington.
Washington is a No-Fault only state. Irretrievable breakdown of the marriage is the only grounds to end a marriage. Divorce is called dissolution. The spouse who files is the Petitioner; the spouse who responds is the Respondent. Actions are filed in the Superior Court.
In Washington, the spouse filing for dissolution must be a resident of Washington or a member of the armed forced stationed in Washington.
To file for a dissolution, one spouse must file a Petition for Dissolution of Marriage.
This petition contains the following information:
> the date and place of marriage;
> the date the parties separated;
> a statement about whether or not the wife is pregnant;
> a parenting plan;
> a statement about the disposal of community property;
> a statement about the relief sought.
The statement of relief includes a request for the dissolution of the marriage; residential arrangements for the children, if any; visitation requested; child support desired; maintenance requested; division of property; and a request that the property settlement attached to the Petition be approved and incorporated in the Decree of Dissolution.
When spouses file jointly, the Respondent signs a Joinder, which joins him or her to the Petition. If the Respondent agrees to the dissolution but not the terms and conditions of the Petition, he or she signs a Acceptance of Service.
If children are involved, the Petitioner attaches a copy of the Parenting Plan, which stipulates the terms and conditions of child custody and visitation.
A 90-day reconciliation period begins when the Petition is filed if the spouse has joined the action by signing the Joinder. Some counties require the parties to attend a parenting seminar during this period.
After the 90-days, the Petitioner prepares
> a Decree of Dissolution (divorce), which is the instrument that ends the marriage;
> a Findings of Fact, which is a profile of the case;
> a final Parenting Plan, which describes the terms and conditions of child custody and visitation;
> a Declaration of Non-Military Service or Waiver of Rights Under Servicemembers Civil Relief Act, which establishes that the respondent enjoys no protection from civil litigation under SCRA;
> an Order of Child Support, which orders the payment of any child support as needed.
The Petitioner appears at a short hearing at which the judge asks a few questions and signs the dissolution papers.
If the couple are not cooperating or if the Respondent objects to the terms and conditions of the Petition, the Petitioner serves the Respondent with a Summons that informs him or her of the action and that he or she has 20 days to respond (60 days if the Respondent lives outside of Washington) or a default judgment will be entered against him or her. The Summons and Petition may be served by the sheriff of the county in which the Respondent resides; a commercial process server; or anyone 18 years or older except the Petitioner. The server then returns a Proof of Service, which proves that the Respondent has been properly served.
In this routine, the 90-day reconciliation begins when the spouse is served with a copy of the Petition and a Summons.
Absent a response, the Petitioner may file for a Motion and Declaration of Default and an Order of Default after the 90-day reconciliation period has passed. Default actions require that the Petitioner file a Declaration of Non-Military Service or Waiver of rights Under Servicemembers Civil Relief Act, which establishes that the respondent enjoys no protection from civil litigation under SCRA.
For a number of reasons, some couples agree that one or the other of them will default. When a spouse does not respond, the action is uncontested and ends by default. During the 90-day period between the filing and the hearing date, the Petitioner must ask the county clerk to place the case on the default docket.
When the Respondent disagrees with the Petition, he or she files a response, and the dissolution is contested. Couples normally attempt to negotiate to reach and agreement, but if this is not productive, the spouses prepare for trial. The Petitioner must file a Notice of Trial, which is served on the Respondent or his or her attorney. The procedures for doing so varies widely from county to county, and the wait for a trial may be as little as two months in small counties to over a year in larger counties.
During the 90-day reconciliation period, the Petitioner may have to file a Motion and Order to Show Cause in order to obtain temporary restraining orders as well as other temporary measures dealing with a temporary parenting plan, child support, use of personal property and finances.
If the Respondent for one reason or another cannot or will not be located, the Petitioner must then file a Declaration of Service by Publication, which attests to his or her efforts to locate the missing spouse. The Petitioner must then prepare an Order for Service by Publication, which permits him or her to serve notice by publication of the Summons in a newspaper. Normally, the Summons for Publication is then printed once a week for six consecutive weeks. The Summons for Publication gives the Respondent 60 days from the date of first publication to respond. If the missing spouse fails to respond, the action moves as a default.
Washington Simplified Divorce Procedures
All divorce cases must be filed on official Washington forms. The forms are available in printed version from the Washington Office of the Administrator for the Courts. Separation agreements are specifically authorized by law and, if fair, all portions of the agreements are binding on the court, except those relating to parental rights and responsibilities. The spouses must file a Washington Department of Health Certificate with the petition. There are also certain local court rules which apply to dissolutions of marriage. These are found in Washington Local Court Rules, Rule 94.04. [Revised Code of Washington Annotated; Title 26, Chapters 26.09.020, 26.09.070, and 26.09.080].
Washington Property Division Factors
In Washington, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Family Court within the Decree of Dissolution of Marriage.
Washington is considered a “Community Property” state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the Family Court if the spouses are unable to reach an agreement.
Without regard to marital misconduct, the court will make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to: (A) The nature and extent of the community property; (B) The nature and extent of the separate property; (C) The duration of the marriage; and (D) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time. (Revised Code of Washington – Title 26 – Chapters: 26.09.080, 26.16.010, 26.16.020, 26.16.030, 26.16.220).
Washington Spousal Support/Maintenance/Alimony Factors
In Washington the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Family Court will order support from one spouse to the other on a case-by-case basis as follows:
The court will consider all relevant factors, excluding marital misconduct, including but not limited to: (1) The financial resources and assets of the party seeking maintenance; (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his skill, interests, style of life, and other attendant circumstances; (3) The standard of living established while married; (4) The length of the marriage; (5) The age and health condition, and financial obligations of the spouse seeking maintenance; and (6) The ability of the spouse from whom maintenance is sought to meet his needs and financial obligations while meeting those of the spouse seeking maintenance. (Revised Code of Washington – Title 26 – Chapters: 26.09.050, 26.09.090, 26.09.120).
Washington Child Custody Factors
In Washington, the court will award sole or joint child custody to either the mother, father or both with the best interests of the children as the standard for any decision. All custody cases must have a proposed parenting plan or agreement to be presented to the court for approval before the final order is put in place.
The primary goals of the parenting plan are to:
(1) Provide for the child’s physical care;
(2) Maintain the child’s emotional stability;
(3) Provide for the child’s changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;
(4) Set forth the authority and responsibilities of each parent with respect to the child
(5) Minimize the child’s exposure to harmful parental conflict;
(6) Encourage the parents to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and
(7) To otherwise protect the best interests of the child. (Revised Code of Washington – Title 26 – Chapters: 26.09.181, 26.09.220).
Washington Child Support Factors
Either parent may be ordered to pay child support. Marital misconduct is not a factor to be considered. All relevant factors may be considered. Official child support guidelines and worksheets are available from the Washington Department of Social and Health Services and from the clerk of the court. The official guidelines are presumed to be correct, unless there is a showing that the amount is unjust or inappropriate under the particular circumstances of a case. Mandatory wage assignments may be required if the child support payments are over 15 days past due. Child support payments may be required to be paid through the Washington State Support Registry or directly to the parent, if an approved payment plan is accepted by the court. The court may require either parent to provide health insurance coverage for the child. [Revised Code of Washington Annotated; Title 26, Chapters 26.09.040, 26.09.050, 26.09.100, 26.09.120, 26.18.070, 26.23.050, and 26-19 Appendix].
Washington Grandparent’s Rights
Grandparent Rights to Visitation: When visitation is in the best interest of the child. Title 26, Chapter 26.09, Section 26.09.230 (R.C.W.A. § 26.09.230).
When Adoption Occurs: Adoption terminates all rights.
Child Custody Statutes: (1) each party’s relative strength, nature and stability of the relationship with the child, including which party has taken greater responsibility for the child; (2) any agreement of the parties; (3) each party’s past and potential for future performance of parenting functions; (4) child’s emotional needs and development; (5) the child’s relationship with siblings and any other significant adults, and involvement in his or her physical surroundings, school, and other activities; (6) the wishes of the parties and the child; and (7) each party’s employment schedule. The greatest weight is given to factor (1) above. R.C.W.A. §26.09.187.
Parents May Choose: Yes
Washington Military Divorce Laws
A Washington military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From Washington Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Washington court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Washington court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
- You or your spouse must reside in Washington
- You or your spouse must be stationed in Washington
Grounds for Washington Military Divorce
The grounds for a military divorce in Washington are the same as a civilian divorce.
Dividing the Property
Along with the normal Washington property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In Washington, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Washington child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
Washington Child Support Guidelines
The Washington child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Washington child support order.
Washington Child Support Guidelines
Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: YES
Secondary Education Support: YES
UIFSA: YES
* The Income Shares Model: Washington child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Washington child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.
For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.
As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.
For example: It is not common for a custodial parent to be paying support to a non-custodial parent.
Washington Child Support Definitions
Standards for establishing lower and upper limits on child support amounts.
(1) Limit at forty-five percent of a parent’s net income. Neither parent’s total child support obligation may exceed forty-five percent of net income except for good cause shown. Good cause includes but is not limited to possession of substantial wealth, children with day care expenses, special medical need, educational need, psychological need, and larger families.
(2) Income below six hundred dollars. When combined monthly net income is less than six hundred dollars, a support order of not less than twenty-five dollars per child per month shall be entered for each parent unless the obligor parent establishes that it would be unjust or inappropriate to do so in that particular case. The decision whether there is a sufficient basis to deviate below the presumptive minimum payment must take into consideration the best interests of the child and the circumstances of each parent. Such circumstances can include comparative hardship to the affected households, assets or liabilities, and earning capacity. A parent’s support obligation shall not reduce his or her net income below the need standard for one person established pursuant to RCW 74.04.770, except for the presumptive minimum payment of twenty-five dollars per child per month or in cases where the court finds reasons for deviation. This section shall not be construed to require monthly substantiation of income.
(3) Income above five thousand and seven thousand dollars. The economic table is presumptive for combined monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five thousand dollars, support shall not be set at an amount lower than the presumptive amount of support set for combined monthly net incomes of five thousand dollars unless the court finds a reason to deviate below that amount. The economic table is advisory but not presumptive for combined monthly net incomes that exceed five thousand dollars. When combined monthly net income exceeds seven thousand dollars, the court may set support at an advisory amount of support set for combined monthly net incomes between five thousand and seven thousand dollars or the court may exceed the
advisory amount of support set for combined monthly net incomes of seven thousand dollars upon written findings of fact.
Definition of Income
(1) Consideration of all income. All income and resources of each parent’s household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. Only the income of the parents of the children whose support is at issue shall be calculated for purposes of calculating the basic support obligation. Income and resources of any other person shall not be included in calculating the basic support obligation.
(2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs.
(3) Income sources included in gross monthly income. Except as specifically excluded in subsection (4) of this section, monthly gross income shall include income from any source, including:
(a) Salaries;
(b) Wages;
(c) Commissions;
(d) Deferred compensation;
(e) Overtime;
(f) Contract-related benefits;
(g) Income from second jobs;
(h) Dividends;
(i) Interest;
(j) Trust income;
(k) Severance pay;
(l) Annuities;
(m) Capital gains;
(n) Pension retirement benefits;
(o) Workers’ compensation;
(p) Unemployment benefits;
(q) Spousal maintenance actually received;
(r) Bonuses;
(s) Social security benefits; and
(t) Disability insurance benefits.
(4) Income sources excluded from gross monthly income. The following income and resources shall be disclosed but shall not be included in gross income:
(a) Income of a new spouse or income of other adults in the household;
(b) Child support received from other relationships;
(c) Gifts and prizes;
(d) Temporary assistance for needy families;
(e) Supplemental security income;
(f) General assistance; and
(g) Food stamps. Receipt of income and resources from temporary assistance for needy families, supplemental security income, general assistance, and food stamps shall not be a reason to deviate from the standard calculation.
(5) Determination of net income. The following expenses shall be disclosed and deducted from gross monthly income to calculate net monthly income:
(a) Federal and state income taxes;
(b) Federal insurance contributions act deductions;
(c) Mandatory pension plan payments;
(d) Mandatory union or professional dues;
(e) State industrial insurance premiums;
(f) Court-ordered spousal maintenance to the extent actually paid;
(g) Up to two thousand dollars per year in voluntary pension payments actually made if the contributions were made for the two tax years preceding the earlier of the (i) tax year in which the parties separated with intent to live separate and apart or (ii) tax year in which the parties filed for dissolution; and
(h) Normal business expenses and self-employment taxes for self-employed persons. Justification shall be required for any business expense deduction about which there is disagreement. Items deducted from gross income under this subsection shall not be a reason to deviate from the standard calculation.
(6) Imputation of income. The court shall impute income to a parent when the parent is voluntarily unemployed or voluntarily underemployed. The court shall determine whether the parent is voluntarily underemployed or voluntarily unemployed based upon that parent’s work history, education, health, and age, or any other relevant factors. A court shall not impute income to a parent who is gainfully employed on a full-time basis, unless the court finds that the parent is voluntarily underemployed and finds that the parent is purposely underemployed to reduce the parent’s child support obligation. Income shall not be imputed for an unemployable parent. Income shall not be imputed to a parent to the extent the parent is unemployed or significantly underemployed due to the parent’s efforts to comply with court-ordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child. In the absence of information to the contrary, a parent’s imputed income shall be based on the median income of year-round full-time workers as derived from the United States bureau of census, current populations reports, or such replacement report as published by the bureau of census.
Standards for deviation from the standard calculation.
(1) Reasons for deviation from the standard calculation include but are not limited to the following:
(a) Sources of income and tax planning. The court may deviate from the standard calculation after consideration of the following:
(i) Income of a new spouse if the parent who is married to the new spouse is asking for a deviation based on any other reason. Income of a new spouse is not, by itself, a sufficient reason for deviation;
(ii) Income of other adults in the household if the parent who is living with the other adult is asking for a deviation based on any other reason. Income of the other adults in the household is not, by itself, a sufficient reason for deviation;
(iii) Child support actually received from other relationships;
(iv) Gifts;
(v) Prizes;
(vi) Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;
(vii) Extraordinary income of a child; or
(viii) Tax planning considerations. A deviation for tax planning may be granted only if the child would not receive a lesser economic benefit due to the tax planning.
(b) Nonrecurring income. The court may deviate from the standard calculation based on a finding that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include overtime, contract-related benefits, bonuses, or income from second jobs. Deviations for nonrecurring income shall be based on a review of the nonrecurring income received in the previous two calendar years.
(c) Debt and high expenses. The court may deviate from the standard calculation after consideration of the following expenses:
(i) Extraordinary debt not voluntarily incurred;
(ii) A significant disparity in the living costs of the parents due to conditions beyond their control;
(iii) Special needs of disabled children;
(iv) Special medical, educational, or psychological needs of the children; or
(v) Costs incurred or anticipated to be incurred by the parents in compliance with court-ordered reunification efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child.
(d) Residential schedule. The court may deviate from the standard calculation if the
child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving temporary assistance for needy families. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.
(e) Children from other relationships. The court may deviate from the standard calculation when either or both of the parents before the court have children from other relationships to whom the parent owes a duty of support.
(i) The child support schedule shall be applied to the mother, father, and children of the family before the court to determine the presumptive amount of support.
(ii) Children from other relationships shall not be counted in the number of children for purposes of determining the basic support obligation and the standard calculation.
(iii) When considering a deviation from the standard calculation for children from other relationships, the court may consider only other children to whom the parent owes a duty of support. The court may consider court-ordered payments of child support for children from other relationships only to the extent that the support is actually paid.
(iv) When the court has determined that either or both parents have children from other relationships, deviations under this section shall be based on consideration of the total circumstances of both households. All child support obligations paid, received, and owed for all children shall be disclosed and considered.
(2) All income and resources of the parties before the court, new spouses, and other adults in the households shall be disclosed and considered as provided in this section. The presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for deviation are set forth in the written findings of fact and are supported by the evidence, the court shall order each parent to pay the amount of support determined by using the standard calculation.
(3) The court shall enter findings that specify reasons for any deviation or any denial of a pparty’s request for any deviation from the standard calculation made by the court. The court shall not consider reasons for deviation until the court determines the standard calculation for each parent.
(4) When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation.
(5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation.
Allocation of child support obligation between parents–Court-ordered day care or special child rearing expenses.
(1) The basic child support obligation derived from the economic table shall be allocated between the parents based on each parent’s share of the combined monthly net income.
(2) Ordinary health care expenses are included in the economic table. Monthly health care expenses that exceed five percent of the basic support obligation shall be considered extraordinary health care expenses. Extraordinary health care expenses shall be shared by the parents in the same proportion as the basic child support obligation.
(3) Day care and special child rearing expenses, such as tuition and long-distance transportation costs to and from the parents for visitation purposes, are not included in the economic table. These expenses shall be shared by the parents in the same proportion as the basic child support obligation. If an obligor pays court or administratively ordered day care or special child rearing expenses that are not actually incurred, the obligee must reimburse the obligor for the overpayment if the overpayment amounts to at least twenty percent of the obligor’s annual day care or special child rearing expenses. The obligor may institute an action in the superior court or file an application for an adjudicative hearing with the department of social and health services for reimbursement of day care and special child rearing expense overpayments that amount to twenty percent or more of the obligor’s annual day care and special child rearing expenses. Any ordered overpayment reimbursement shall be applied first as an offset to child support arrearages of the obligor. If the obligor does not have child support arrearages, the reimbursement may be in the form of a direct reimbursement by the obligee or a credit against the obligor’s future support payments. If the reimbursement is in the form of a credit against the obligor’s future child support payments, the credit shall be spread equally over a twelve-month period. Absent agreement of the obligee, nothing in this section entitles an obligor to pay more than his or her proportionate share of day care or other special child rearing expenses in advance and then deduct the overpayment from future support transfer payments.
(4) The court may exercise its discretion to determine the necessity for and the reasonableness of all amounts ordered in excess of the basic child support obligation.
Standards for postsecondary educational support awards.
(1) The child support schedule shall be advisory and not mandatory for postsecondary educational support.
(2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is
relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child’s needs; the expectations of the parties for their children when the parents were together; the child’s prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents’ level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.
(3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child’s vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.
(4) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.
(5) The court shall not order the payment of postsecondary educational expenses beyond the child’s twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.
(6) The court shall direct that either or both parents’ payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that eitheror both parents’ payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.
Federal income tax exemptions.
The parties may agree which parent is entitled to claim the child or children as dependents for federal income tax exemptions. The court may award the exemption or exemptions and order a party to sign the federal income tax dependency exemption waiver. The court may divide the exemptions between the parties, alternate the exemptions between the parties, or both.
Washington Dissolution of Marriage Definitions
This collection of definitions will help clarify some unique characteristics to the Washington Dissolution of Marriage laws, process and paperwork which is filed with the court.
Filing Party Title:
Petitioner
The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.
Non-Filing Party Title:
Respondent
The spouse who does not initiate the Dissolution of Marriage with the court.
Court Name:
In the __________ Court of the State of Washington, in and for the County of _____________
The proper name of the court in which a Dissolution of Marriage is filed in the state of Washington. Each jurisdictional court typically has a domestic relations or a family law department or division.
The state run office devoted to enforcing existing child support orders and collecting any past due child support.
Document Introduction:
In Re the Marriage of:
The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.
Initial Dissolution of Marriage Document:
Petition for the Dissolution of Marriage
The title and name of the legal document that will initiate the Washington Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Dissolution of Marriage Document:
Decree of Dissolution of Marriage
The title and name of the legal document that will finalize the Washington Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.
Clerk’s Office Name:
County Clerk’s Office of the Family Court
The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.
The only grounds for legal separation in Washington is the irretrievable breakdown of the marriage. The spouse filing for legal separation must be a resident of Washington or a member of the Armed Forces stationed in Washington. The court will not act on the petition until 90 days has elapsed from the filing and the service of summons on the respondent. [Revised Code of Washington Annotated; Title 26, Chapter 26.09.030].
Property Distribution:
Community Property
The applicable Washington law that will dictate how property and debt is to be divided upon Dissolution of Marriage.
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