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Temporary Maintenance and Child Support

Temporary Support and Maintenance in Washington State.
Washington State's temporary support and maintenance statutes are designed to assist divorcing spouses in making the transition from separation to divorce.  In cases involving divorce or legal separation, WA law enables one or both parties to request that temporary orders be entered requiring the other party to pay child support and/or spousal support to the other party.  If you are seeking child support, the court will also probably award temporary primary residential custody to one parent and set out a temporary parenting plan for your children.

Filing for Temporary Support in Seattle and King County, WA.
Any request for temporary relief is made by filing a formal motion and request for relief on the King County family law motions docket.  Fourteen days' notice is required for all temporary maintenance motions here in King County.  If possible, it is almost always best to explore whether or not you and your spouse can agree on a residential schedule and an appropriate amount of support and simply enter agreed orders. 

This will save a lot of time, energy, and money.  It will also avoid the emotional and psychological turmoil that often accompanies these hearings.  In many cases, however, this is simply not realistic.  If this is true in your case, we will fight to preserve your rights and ensure that you are treated fairly.

If you are currently seeking a divorce or a legal separation here in Seattle or anywhere else in King County, we can assist you through the temporary motions stage of your case.  Over the last ten years, our attorneys have helped many clients through this difficult period.  The key to success at any temporary support motions hearing is clearly understanding the financial considerations involved and presenting your case to the Commissioner properly.

What is required when filing for Temporary Support in Washington State?  Do I have to file financial documentation with the Court?
Any motion for temporary orders must be accompanied by an affidavit or declaration that sets forth the factual basis for the motion and the support requested.  Request for child support are based on the Washington Child Support Schedule.  As part of the temporary orders process, each party will also be required to submit certain financial information such as bank statements, tax returns, and pay stubs.  We will assist you in gathering, preparing and filing all required financial statements.

As part of the temporary motions state of your divorce proceedings, the court will also enter orders preventing either party from transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life.  This also typically includes things like canceling health insurance or life insurance policies.

WA State Law and Protection Orders (Restraining Orders).
As detailed below in RCW 26.09.060, if you are in fear of your safety or the safety of your children, you can and typically should file for a domestic violence protection order.  If you believe that you are in need of immediate protection, please call our offices to speak with one of our experienced family law attorneys.  After learning more about your situation, we can properly assess your case and provide you several options about how best to proceed.

For more information about how our King County Commissioners will determine and set child support and spousal support, please visit the links below.

Washington State Child Support Payments

Washington State Spousal Maintenance

Washington's primary temporary support statute is RCW 26.09.060, which can be found below.

RCW 26.09.060 Temporary maintenance or child support — Temporary restraining order — Preliminary injunction — Domestic violence or antiharassment protection order — Notice of termination or modification of restraining order — Support debts, notice.

(1) In a proceeding for:

     (a) Dissolution of marriage, legal separation, or a declaration of invalidity; or

     (b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

     (2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:

     (a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;

     (b) Molesting or disturbing the peace of the other party or of any child;

     (c) Going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child upon a showing of the necessity therefor;

     (d) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

     (e) Removing a child from the jurisdiction of the court.

     (3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

     (4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.

     (5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

     (6) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.

     (7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

     (8) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

     (9) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

     (10) A temporary order, temporary restraining order, or preliminary injunction:

     (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

     (b) May be revoked or modified;

     (c) Terminates when the final decree is entered, except as provided under subsection (11) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;

     (d) May be entered in a proceeding for the modification of an existing decree.

     (11) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:

     (a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or

     (b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.

[2000 c 119 § 7; 1995 c 246 § 26; 1994 sp.s. c 7 § 452; 1992 c 229 § 9; 1989 c 360 § 37; 1984 c 263 § 26; 1983 1st ex.s. c 41 § 1; 1983 c 232 § 10; 1975 c 32 § 3; 1973 1st ex.s. c 157 § 6.]

Notes:

Application -- 2000 c 119: See note following RCW 26.50.021.      Severability -- 1995 c 246: See note following RCW 26.50.010.      Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.      Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.      Effective date -- Severability -- 1984 c 263: See RCW 26.50.901 and 26.50.902.      Severability -- 1983 1st ex.s. c 41: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 1st ex.s. c 41 § 46.]      Severability -- 1983 c 232: See note following RCW 9.41.010. Arrest without warrant in domestic violence cases: RCW 10.31.100(2). Child abuse, temporary restraining order: RCW 26.44.063. Ex parte temporary order for protection: RCW 26.50.070. Orders for protection in cases of domestic violence: RCW 26.50.030. Orders prohibiting contact: RCW 10.99.040.