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Reconsiderstion motion hearing VS revison of order hearing for child support order

Seattle, WA |

What are the requirments, timeline, differences etc?? How long allowed to file from time judge signed order?

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Attorney answers 1

Posted

Ten days to file and serve. Ten days from the day of the original hearing to get that all done. In Seattle call the JA and get a date FIRST before you start the process. You can email, but you have to cc the opposing party/opposing counsel on anything you email to the JA.

Reconsideration goes back to the same commissioner that originally heard the matter. You can add additional materials (if you do not exceed your page limits) but you need a really good reason why you were unable to provide those documents the first time. If the only documents were being sent by pack burro from Indiana, and your fax broke, maybe you could make headway.

Revision is when you ask, as a matter of right, an elected judge to review the decision of an appointed commissioner. Know that judges are loathe to overrule commissioners, slightly more likely if the commissioner was a pro tem who lost their mind and made a totally inappropriate ruling, but that is really rare.

King County has Local Rules. You can find them on their website, and you need to see ALL of them, including the Special Proceedings/Family Law rules at 94.04 or thereabouts. If you make a procedural error, you can owe the other party attorney fees. This really is not self-help stuff, I cannot give you an essay on every single consideration that you need to understand. That said you have to order the videotape and pay for it and get it delivered to the Judge's mailroom properly addressed.

Child support is a math problem. Commissioners generally get it right. When you ask them to look again you are essentially telling them they screwed up. This does not make them partial to you. You may encounter a commissioner who is very unhappy that you are wasting their time. Judges are slightly happier to see you, because they might need your vote, but they hate having their time wasted.

So if you think the order should have required a transfer payment of $456.79 but what was entered was $456.09, please, please consider living with the result through trial. Temporary orders are temporary.

Hope this helps. Elizabeth Powell

Using Avvo does not form an attorney client relationship.

Asker

Posted

Thank you very informative! My spouse filed a reconsideration. His declaration was very short and poorly written. He says his income is hanging but provide no proof. He would have to serve me documents he filed of he did have proof correct? He never showed to the first hearing and is apologizing playing dumb pretending he misunderstood when he was justly served with the correct motions to be aware. Do I need to do anything if he is filing this or wait and see what the judge says? He didn't attach any financial info showing the change in income.

Elizabeth Rankin Powell

Elizabeth Rankin Powell

Posted

He has to show why he could not have produced this "information" at the original hearing. Yes, you have to be served. There is considerable difference of opinion as to whether you have to be served the same day the reconsideration is noted. I come down on the side of "yes". Without new information it is highly unlikely that the commissioner will enter a new order. If you have an attorney and they show up, you'd likely get fees for this. E Powell

Asker

Posted

Do I have to show for this reconsideration hearing or respond? So judges see through people who try to scam the system like this? When the order was entered he was working and still is he is just "going" to be getting laid off. Also do you represent in Snohomish county?

Elizabeth Rankin Powell

Elizabeth Rankin Powell

Posted

Yes, you should be there. If you did not receive copies of the documents, tell the court that. Judges have truly seen it all, I promise you. All family law is local - you don't want me in snohomish family court, I don't know the judges and they don't know me! My colleague Helmut Kah in Woodinville practices in Everett, you might want to call him.

Asker

Posted

How will the hearing go? Is it like a temp order hearing or do they just call his name and he presents his case? Thank you for info!

Elizabeth Rankin Powell

Elizabeth Rankin Powell

Posted

It is his hearing; it is up to him how it goes. Never get in someone's way when they are making a mistake - the ju jitsu method of litigation. And never interrupt a judge, and it is OK to say thank you afterwards. E Powell

Asker

Posted

Best advice ever! Thank you !

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