Modifications of Family Law Orders
For a variety of reasons, a person might ask to modify an order previously entered by a family law judge. Those modification actions can ask for a modification of any of the following types of orders:
- downward modifications of maintenance / alimony;
- upward or downward modification of child support;
- modifications of a parenting plan or residential schedule;
- modifications of a property disposition in a divorce action.
Additionally, the trial court may relieve a party from a final judgment, order, or proceeding for mistake, inadvertence, surprise, excusable neglect, or irregularity in obtaining the judgment or order.
Family Law Attorney for Modifications in Seattle, WA
The Seattle Family Law Attorneys at Law Offices of Shana E. Thompson can help you understand Washington Law related to actions to modify a prior order for child support, a parenting plan, maintenance or alimony. We represent clients in family court in Seattle and Kent in King County, as well as throughout Snohomish County and Pierce County.
Call (206) 712-2756 to schedule a confidential consultation.
Modifications of a Property Disposition in a Divorce Action
For the vast majority of cases, once the divorce decree is entered and the property is divided in that order, that decision is final. However, in some extremely limited circumstances, a property disposition in a dissolution decree can only be revoked or modified under RCW 26.09.170(1) if the court finds the existence of conditions that justify the reopening of a judgment under Washington law.
Under RCW 26.09.170(1), one way of modifying the property disposition in a dissolution decree is a motion for relief under CR 60(b). Under that provision, a trial court may relieve a party from a final judgment for one of eleven (11) different reasons stated in the statute.
A catch-all provision under CR 60(b)(11) states that the court may grant relief from a final judgment for “[a]ny other reason justifying relief from the operation of the judgment.” The catch-all provision was created to address extreme and unexpected situations when no other subsection of CR 60(b) applies. Those extraordinary circumstances must have been extraneous to the proceeding.
This article was last updated on Friday, October 27, 2017.