On the first page of all forms, fill out the caption (the top portion of each form naming the county, parties involved, and case number) by copying the caption from the Petition that started the case.
FORM 1: Motion and Declaration for Attorney Fees
You file a motion to ask the court to for something. This motion asks the judge to Order your spouse to pay money for you to hire a lawyer.
Caption: fill out the caption.
First paragraph: Put your name.
Second paragraph: In the first blank, put your spouse's name. In the second, put how much you want the judge to order your spouse to pay. In the third, put your name again.
Third paragraph: In both blanks, put your name.
Sign and put the date you are signing where it says. Print your name in the blank under the signature line.
II. Declaration: Check the boxes for any numbered sections that apply to your situation. Then fill out those sentences using these instructions.
In the first sentence, put your name in the blank.
- Check this section only if your spouse has a lawyer. Otherwise, skip this section. In the blank, put your spouse's name.
- Check this if you have filed evidence with the court to show you have a low income. In the blank, put what sort of evidence.
- Check this if true. Do not make any changes to this section.
- Check this if true. Put your spouse's name. In the second set of blanks, add any details you think the judge should know.
- Check this if there are any other details here you think the court should know. List those details here.
- "I am the primary parent for our two minor children. My spouse does not give me any support for them."
- "Northwest Justice Project has advised me but has too many cases and cannot represent me."
- "We have been married for ten years. My spouse has worked for the past fifteen years in sales. I have been a full-time stay-at-home parent."
- "I met with a lawyer but she wants $2,000 to represent me."
FORM 2: Proof of Mailing or Hand Delivery, FL All Family Form #112
You must have your spouse served with a copy of your motion and related papers. The server must fill out a Proof of Mailing or Hand Delivery that you must file with the clerk's office.
This will be your proof that you had your spouse served. "Delivery" means delivering the papers to your spouse or your spouse's lawyer yourself, or by having someone do this for you.
Your server must deliver to your spouse:
- Motion and Declaration for Order to Pay Attorney Fees
- Notice of Hearing
Caption. Fill in the caption.
- Have your server check the third box and put their name.
- In the first blank, the server should put the date the server delivered the papers. In the second blank, the server should put who the server delivered the papers to. Then the server should check the boxes and fill out any blanks as needed to show how the server delivered the papers to your spouse.
- List all documents you served: Your server must check the box for every form the server delivered to your spouse. If your server leaves out a form, you will have no proof it was served.
I declare under penalty of perjury: Your server should sign and date the form, State the place signed (city and State), and print their name where it says.
** Mailing Your Motion to the Other Party: Your server must mail with postage prepaid, from a post office. You must add at least three days to the number of days' notice your county's rules require.
Example: If you mail a document on a Monday, the law presumes it was served on Thursday. If the third day after you mailed the papers is a weekend or holiday, you should add days so the papers arrive on a business day (not a legal holiday or weekend).
- Ask the family law facilitator or court clerk how many days' notice you must give.
FORM 3: Order: on Motion for Attorney Fees (Proposed), FL All Family #182
Caption: Fill out the caption. You will need to put "on Motion for Attorney Fees" in the blank under the case number.
In the first sentence, put your name. In the sentence, put how much you want the court to order.
Check the box if the court allowed you and your spouse to argue your sides at the hearing. Then check the boxes for each party who argued. Put your names.
Presented by: Sign your name. Then print your name on the following line. The judge will put the date in the space to the left of the judge's signature.
FORM 4: Financial Declaration, FL All Family #131
- Instead of using the form here, you can use our do-it-yourself interview program, Washington Forms Online, to complete this form at WashingtonLawHelp.org.
Caption. Fill out the caption, including your name.
- Your personal information: Give the information requested. Check yes if you are currently working and put your hire date. Check no if you are not currently working and give the information requested.
- Summary of your financial information: Skip this section. Come back to it after filling out the rest of the form.
* If you do not know how much the other parent's income is, give your best estimate, or use the support schedule's instructions for imputing income.
Use the You column for your info. Use the Other Party column for your spouse. Put the income information and income deduction information requested. Make sure you use the correct column for each party.
Income from Benefits: If a parent gets Social Security Disability (SSDI) or workers' compensation (L&I, or other disability benefits from an employer), put that amount in Other Income.
Work-Related Disability Benefits: If a parent gets SSDI, L&I and some employer-paid disability benefits or Social Security retirement, and the children get dependent benefits as a result, the payments they get directly count as income to that parent even if the money actually goes to the other parent or custodian.
You should add those amounts under 3A to income of the parent getting benefits. The parent should get credit for paying child support through those benefits. The paying parent's support should go down dollar for dollar by the amount of dependent benefits the children get directly for current child support. See RCW 26.18.190.
Deductions from Income: If you include any deductions from income other than income tax, FICA, and L&I payments, you must be able to prove each deduction. Paystubs may show union and pension plan deductions. You must have extra proof (such as pages from a collective bargaining agreement or employee handbook, or a letter from the employer) that these deductions are required.
If pension deductions are voluntary, you must prove you have had the deduction taken for at least two years.
If the other parent disputes your claims, be ready with business records and receipts proving any business expenses you are claiming. Follow the instructions at the end of the Financial Declaration Form. You should attach private financial information to the Financial Source Documents Cover Sheet.
- Other Income and Household Income
- Other income. Put the name and how much of any other income (including TANF, SSI, and/or food stamps) a parent gets regularly.
- Household Income. List the gross monthly income of other adults in the household. That income does not go into calculating the basic support obligation. The court might consider it if someone asks for a deviation from the standard child support amount.
- Disputed income: If you think anyone will dispute a parent's income, State what you believe the correct amount is. Explain why you believe that is the true amount.
- Available Assets. List your assets - cash, and things that you own that could easily be sold for cash.
Examples: stocks, bonds, and so on.
- Monthly Expenses after Separation: Fill out your monthly household expenses. Fill out your best estimate of each expense. Many expenses are not monthly. For those, take the actual amount you pay. Calculate the monthly average.
Example: You pay your car insurance every six months. Divide the amount you pay by 6. Put that amount in the blank under 7F.
Your total monthly expenses may end up being more than your net monthly household income. This is especially common for people with low incomes. You may put off paying a certain bill or make other cutbacks in your expenses.
Your monthly expenses do not need to be equal to or less than your income.
However, if they are far more than your income, you might have to show the court how you are meeting your expenses.
8. & 9: Section 8 is for giving more details about expenses you already listed in 7.
11. Attorney Fees: If you hire a lawyer for this case, put those expenses here.
Signed at: Put the city or town and State where you are signing this form, and the date. Sign and print where it says.
FORM 5: Notice of Hearing
You must schedule the hearing day and time with the clerk or judge's assistant. Then fill out the Notice of Hearing to let the court and the other parties know the hearing date, time, place, and reason.
Many counties require you to use their own special form. Ask the court clerk if yours does. If not, use ours.
You should fill out this form with help from the clerk or facilitator, if possible.
How Do I Get a Hearing Date? You can choose a date for your hearing. Note important rules about how much advance notice to give the other party, and what days and times you can schedule the hearing.
If possible, ask the facilitator or clerk:
- How many days before the hearing date do you need to file your papers and serve the other party?
- Are there certain days or times to schedule a Motion for Attorney's Fees in a family law case?
- Do you need to send working papers or confirm the hearing? If so, how and where?
If you cannot contact a clerk or facilitator, check Superior Court Civil Rule 6(d), or the Local Rules for that county.
You must add more days if you serve your motion by mail. (See directions for Form 3.)
Filling out the form:
Caption: Fill out the caption.
- To the Clerk of the Court and to all parties: Put
- The hearing date and the time.
- The courthouse address and room number where the hearing will take place.
- The docket name or the judge's name.
- List every matter you intend to bring up (Example: "Motion for Attorney's Fees").
This hearing was requested by: Sign and print your name and put the date where it says.
I agree to accept legal papers for this case at: Read the box to the right. Put an address where you can get papers quickly.