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Motion-Declaration For Default (Child Support Modification) Form. This is a Washington form and can be use in Domestic Relations Statewide.
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Tags: Motion-Declaration For Default (Child Support Modification), DRPSCU 06.0400, Washington Statewide, Domestic Relations
Superior Court of Washington
County of
In re:
No.
Petitioner,
Motion/Declaration for
Default
(Child Support Modification)
(MTDFL)
and
Respondent.
I. Motion
(Name of requesting party) ________________________________________ moves the court for an order
of default against (name of other party to be defaulted) ___________________________________. Venue
of this action is proper as set forth in the declaration below.
Dated:
Signature of Requesting Party or Lawyer/WSBA No.
Print Name
II. Declaration
2.1
Proper Venue
Venue is proper in this court.
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The most recent support order was entered in this county.
The petitioner resides in (county and state only) _______________________________________.
The child(ren) reside(s) in (county and state only) ______________________________________.
Respondent resides in (county and state only) _________________________________________.
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Other:
Mot/Decl for Default (Child Suppt Mod)([MTDFL) - Page 1 of 3
WPF DRPSCU 06.0400 Mandatory (6/2008) - CR 55 (a); RCW 26.09.175
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2.2
Jurisdiction Over Parties.
This court has jurisdiction over the parties because:
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2.3
There is a Washington Order of Child Support.
Both parties presently reside in the state of Washington.
Other:
Service of Process
The affidavit of service on file with the court shows that the other party was served with summons,
petition and child support worksheet.
2.4
Time Elapsed Since Service of Process
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[]
[]
[]
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2.5
The other party was served within the state of Washington and more than 20 days have
elapsed since the date of service.
The other party was served outside the state of Washington and more than 60 days have
elapsed since the date of service.
The other party was served by mail in lieu of publication and more than 90 days have
elapsed since the date of mailing.
The other party was served by publication and more than 60 days have passed since the date
of first publication.
Other:
Appearance of the Parties
The other party has failed to appear, or if appeared, has failed to otherwise defend this action.
2.6
Servicemembers Civil Relief Act Statement
2.6.1
A. Service member status -- (name of other party) ________________________________:
[ ] is not a service member;
[ ] is on active duty in the U.S. armed forces (excluding National Guard and
reserves);
[ ] is on active duty and is a National Guard member or a Reservist residing in
Washington;
[ ] is not on active duty in the U.S. armed forces (excluding National Guard and
reserves);
[ ] is not on active duty and is a National Guard member or a Reservist residing in
Washington;
[ ] I am unable to determine whether the other party is or is not on active duty as a
National Guard member or a Reservist residing in Washington;
[ ] I am unable to determine whether the other party is or is not on active duty in the
U.S. armed forces.
B. Factual basis:
[ ] See the attached Defense Man Power Data Center Report obtained from
https://www.dmdc.osd.mil/scra/owa/home.
[ ] Other factual basis:
Mot/Decl for Default (Child Suppt Mod)([MTDFL) - Page 2 of 3
WPF DRPSCU 06.0400 Mandatory (6/2008) - CR 55 (a); RCW 26.09.175
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C. [ ] As indicated above, the other party is on active duty and (check all that apply):
[ ] The other party is represented by an attorney.
[ ] The court has appointed an attorney to represent the other party.
[ ] A stay of these proceedings [ ] has [ ] has not been entered by the court.
2.6.2
A. Dependent of a service member status -- (name of other party) _________________
______________________________:
[ ] is not a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist;
[ ] is a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist;
[ ] I am unable to determine whether the other party is a dependent of a resident of
Washington who is on active duty and is a National Guard member or a
Reservist.
B. Factual basis:
[ ] The other party failed to respond to a notice to him or her as a dependent of a
person in Military Service that was [ ] served on [ ] mailed by first class mail on
(date) ________________________________________, therefore he or she
should be presumed not a dependent of a resident of Washington who is on
active duty and is a National Guard member or a Reservist.
[ ] Other factual basis:
C. [ ] As indicated above, the other party is a dependent of a resident of Washington
who is on active duty and is a National Guard member or a Reservist and (check
all that apply):
[ ] The other party is represented by an attorney.
[ ] The court has appointed an attorney to represent the other party.
[ ] A stay of these proceedings [ ] has [ ] has not been entered by the court.
2.7
Mailing of Documents
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Does not apply because the other party has failed to appear or otherwise defend.
Copies of the following documents were mailed on (date) ________________________ to:
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at (city) ________________________, (state) ___________ on (date) _____________________.
Signature of Requesting Party
Print Name
Mot/Decl for Default (Child Suppt Mod)([MTDFL) - Page 3 of 3
WPF DRPSCU 06.0400 Mandatory (6/2008) - CR 55 (a); RCW 26.09.175
American LegalNet, Inc.
www.FormsWorkFlow.com