Legal Question in Family Law in Washington
Bad decision by judge
My grandson has been ordered to take ua tests for two week originally. When they were to go to court the tests weren't in so he was ordered to continue for another two weeks until the next court date. They came back good but the judge decided he should continue for the next three months and also ordered him to pay spousal support in an amount which only leaves him $200 a month for all his living expenses. Can these decisions be contested?
2 Answers from Attorneys
Re: Bad decision by judge
It depends on who entered them (a judge or a commissioner) and how long ago, revision/reconsideration deadline is ten (10) days from the date the order was entered. As this appears to be a family law matter, the decisions are considered "interlocutory" and thus not appealable to the Court of Appeals as a matter of right at this time.
Courts require UA's all the time, if there is an allegation of drug use, and maintenance is ordered frequently on the basis of need and ability to pay.
When I see facts like these, it makes me think there is more to the story.
If he's providing over half his income leaving him $200 total for food, gas, rent, etc., then there is a problem and the sooner he moves to revise the order the better.
There is another motion that's the last-ditch effort, and the time line on that is a year but it's a long shot. His attorney should be advising him, and if he doesn't have an attorney he should get one.
Hope this helps. Elizabeth Powell
Re: Bad decision by judge
Thank you for your question. Before commenting on your question, I would need to know what jurisdiction your grandson lines in -- Minnesota or Washington, since both are indicated in your question.
If this is a Minnesota case, then I would to have many more facts to comment on the matter. I presume this is custody case and that there is a concern about his sobriety during visitation, since this is the only reason the court would likely order ua's. As to the support award, more information about his financial circumstances is required. If the order was entered by a referee or child support magistrate, it can be reviewed by a judge, otherwise he will have to contest the issue in a final trial.
If you require further assistance in Minnesota, my contact information is below.