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

Asked about 2 years ago - Seattle, WA

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

Attorney answers (1)

  1. Elizabeth Rankin Powell

    Contributor Level 20

    Answered . 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

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