Gig Harbor Divorce & Family Law Attorney

CHILD SUPPORT MODIFICATIONS
This is one of the most common post-decree modifications requested. In order to modify a
child support court order there must be a change in circumstances for the parents that meet
the legal criteria found in RCW 26.09.170. The burden of proof is on the parent seeking to
modify the support order. The need for a modification can be brought about for many
reasons including, but not limited to, a decrease in earnings, the loss of a job, a disability of
one of the parents, and changes in the child's needs.

There are two different procedures in Washington through which a court order of child
support can be changed. One is called a Motion for Adjustment of Child Support and the
other is called a Petition for Modification of Child Support. There are different sets of
requirements for both procedures and it is advisable to consult a skilled attorney to help you
present, respond or defend a proposed modification.

SPOUSAL SUPPORT MODIFICATIONS
Spousal maintenance is automatically capable of being modified unless your settlement
agreement and divorce decree prohibits any modifications. The moving party must establish
that they have a substantial change of circumstances that would warrant a modification. To
see the legal standards for a change in circumstances , please visit RCW 26.09.170.

PARENTING PLAN MODIFICATIONS
The court may modify a parenting plan only if it finds (1) a substantial change in
circumstances of the child or the parents, and (2) that the modification is in the best
interests of the child. Prior to filing a petition for modification, you must bring a motion for
adequate cause to establish a factual basis for bringing the petition. In considering
modifying an existing parenting plan the courts will look only to facts that have arisen since
or were unknown to the court at the time of entry of the existing plan. In essence, you will
not be allowed to re-litigate the same issues as in the original plan.

Parenting plan modifications are very complex and can be as high in conflict as the original
parenting plan negotiations. If you plan on bringing a petition for modification, it is very
critical to do it right the first time. If the court denies your motion, you are not likely to get two
bites at the apple.