Legal Question in Family Law in Washington
Hi,
I am asking this question in regards to my mother in law. She lives in the st. of Washington and is currently going through a divorce. Last night she picked up her mail and had a letter from her attorney (whom she cannot contact until monday) saying that she needed to be present at a status hearing and to bring her last to tax returns and w-2's. She is very upset right now as she thought the divorce would be amicable and she feels that her soon to be ex may be requesting spousal support. I am wondering if you can help me set her mind at ease a little. Is this standard procedure? Thank you.
1 Answer from Attorneys
I am not sure what county your mother in law's case comes from. The rules vary in each county to a small degree regarding the procedure or producing documents and exactly how much documentation is needed. That said, the law is the same everywhere in Washington. For spousal maintenance paid on a temporary basis during the dissolution proceedings, the test the court applies is the need of the party requesting maintenance versus the ability of the non-requesting party to pay support (see RCW 26.09.090) for final orders and for temporary orders, see RCW 26.09.060(6) which says:
"The court may issue . . . an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances." Thus, it is not just need versus ability to pay, as is the standard in final orders of support, but rather, wide open to anything either side presents to justify whether to pay maintenance and if so, how much.
To answer the question, the court needs to see everyone's finances and a financial affidavit or declaration from each side as to their income, expenses, assets, and debts in determining whether to enter an award, and if so, how much.