CS modification question

[4honor]

State WA. Last mod of CS was a stipulated order $300/mo & 50% medical. BM to use insurance providers. Order from 2002. BM caved because she feared a major reduction in CS at that time. Income shares model at 50/50.

With the current allegations of SS having abused DS1 and DS2, there is a significant increase in the cost to maintain visitation. (increase >$100 a month and likely to increase as the family gets tired of keeping SS overnight.)

DH will likely have to begin to take visitation in SS's town and rent a motel room for visitation, so that SS is not further harmed by this matter due to lack of interaction with DH... providing he does not get pulled from BM by CPS for failing to get SS the counselling/treatment he needs as an offender/victim.

QUESTION:

1.   Would the change in the CP's household (SS abuse allegations) coupled with the increase in the costs to maintain the relationship meet threshhold for modification? (Parenting plan mod motion will be attempted when criminal case against SS is resolved.)

2.   Given that WA is reasonably easy to get a CS modification pro se, would it be worth beginning one prior to resolution of the pending criminal case  (as modification goes back to date of filing, but a finding might not be allowed until resolution - continuance/dismissal possible)?

3. If we filed prior, would a court commissioner likely dismiss a CS mod case or continue it under the current circumstances?

[socrateaser]

>QUESTION:
>
>1.   Would the change in the CP's household (SS abuse
>allegations) coupled with the increase in the costs to
>maintain the relationship meet threshhold for modification?
>(Parenting plan mod motion will be attempted when criminal
>case against SS is resolved.)

You need a conviction. That's a substantial change in circumstances.

>
>2.   Given that WA is reasonably easy to get a CS modification
>pro se, would it be worth beginning one prior to resolution of
>the pending criminal case  (as modification goes back to date
>of filing, but a finding might not be allowed until resolution
>- continuance/dismissal possible)?

Not sure what your evidence of material change of circumstances on CS is or how the criminal action applies (I have the flu, so I'm not firing on all cylinders at the moment).


>3. If we filed prior, would a court commissioner likely
>dismiss a CS mod case or continue it under the current
>circumstances?

See #2.