Legal Question in Family Law in Washington

Re: Motion to Revise

Revisions go before the trial court with no additional briefing because she's getting a second "bite at the apple".

Some counties require the moving party (her) to provide a transcript of testimony at the previous hearing to the Judge for review. Did her attorney provide that transcript?

Many counties require revision motions to be noted and served and filed within 10 days of the first hearing. Did that happen? If you were in Court in December and she is just now alerting you to a revision, you *really* need to go look at your county's local rules regarding timing of revision motions. Look for Local Rule 7.

Whatever you said to the Commissioner is what's before the Judge.

No new information is allowed.

A Motion for reconsideration, on the other hand, goes back to the first judicial officer with additional information, and it should be information that was unavailable to the moving party at the time of the first hearing.

E. g. if you won the lottery in the intervening ten days.

There is a concept called "litigating to the client's last dollar". If you and the Court and opposing counsel got to a dollar amount that's consistent with the State table, there is not a lot to bicker about.

You may be able to get the motion struck on procedural grounds, such as timeliness. Remember if you do not raise it you waive it.

If you had an attorney, likely they'd get fees for this.

Powell

Re: Motion to Revise

A motion for revision is effectively an appeal from a commissioner's ruling, and taking it to the assigned superior court judge. Revision is on the materials presented to the commissioner including argument, and whatever argument you may want to make to the judge, but no new evidence is presented. Motion for reconsideration may be based on several factors, one of which is new evidence, and generally additional evidence will be accepted, and it usually is to the same person who ruled on the initial motion for which reconsideration is sought.