After a referral by DCS, the Prosecuting Attorney’s Office will decide whether your case meets our criteria for filing a petition or motion with the court. The Prosecuting Attorney’s Office reviews the information supplied by the parties prior to filing. The case can be tracked one of two ways:
1. The case may be filed as a Petition for Modification. This is the more expansive option for reviewing the order. With a Petition for Modification, the court can review all facets of the child support order unless specifically prohibited by language in the underlying order. The court can address the issue of tax exemptions, college costs, and changes to health insurance. Modifications are the preferred choice if one or both parties is self-employed to allow additional time for the exchange of discovery. If your current Order of Child Support is from outside Jefferson County and/or outside the state of Washington, your case must be filed as a modification. Modifications take place approximately 3 months after the case has been filed.
2. The case may be filed as a Motion for Adjustment of Child Support. Order These cases are handled in a more streamlined manner. The Court can review updated incomes for the parties and draft new orders with a new support amount. In a Motion for Adjustment of Child Support Order, the court cannot address tax exemptions, college costs, or healthcare insurance. These issues will default to the current language in your original order. The court can only adjust the child support payment. Adjustments take place approximately three months after filing.
It is imperative that our office has an updated address and phone numbers for both parties. As the case moves forward, you will receive numerous letters updating the status of your case and requesting additional information from you.
All income and resources of each parent’s household must be disclosed. The opposing party will receive copies of everything you submit. It is your responsibility to black out all of your social security numbers, bank account statement numbers, and other identifying numbers.
Please understand that even if our office declines to file your case at this time, you may always proceed on your own or resubmit it for review at a later time.