Thats hard to tell, I agree. However the respondent didn't deny she went to the casino in her response and that she pulled out more then I paid her in support. In fact she was bold enough to admit she went while she had visitation of our son. The fact of the matter is that her attorney kept using the word discretionary in the verbal arguments and how dare the petitioner (referring to me) determine where she should spend her discretionary income. Now forgive me but I'm not an English major but I do have a finance degree and have worked finance for 15 years. Discretionary, if I remember correctly, is what one determines to be excess money. My understanding of the RCW and spousal support is it is intended to be for day to day living expenses and to help better oneself (i.e. going to school or getting some form of training). She lives with her parents and she admits she doesn't pay any rent. By saying discretionary and my understandinig of the word, she is admitting to having more then enough money. No sane person with some financial sense would spend money they don't have, especially to go gambling with especially when they are claiming they don't have any.
I'm not sure where you are going to on the child support modification. Currently neither of us are paying child support. Can you further explain where you are going to when you continue your answer on the child support issue?
....."one key bit of info is that TEMPORARY spousal support".... that is more than a little helpful. if her income is less than yours, 50/50 on custody/overnights, and you pay no support it is not surprising they kept maintenance where it is.
you said you "turned down child support"???? shouldn't the income difference mean she gets it?
If you were trying to change a temporary order of maintenance the Judge may have believed that you have more than ample chance either through settlement before trial, and of course at trial if the other side is not being reasonable! Getting maintenance stopped b/c you found some statements mid-litigation in a divorce, and trying to bring in controversial factualy issues on a calendar that is mainly based on declarations was not the best idea. I don't know all the facts so don't quote me on this to your present attorney...I just don't know all the facts.
but you have a chance at trial and at trial you can spend 4-7 days entirely in court and rehash everything, those motions hearings are not meant to be trials.
ACCOUNTING FOR MAINTENANCE/CHILD SUPPORT:
--there is absolutely no requirement that she account for what she uses spousal maintenance for, (actually I have not had it come up...do you have a case cite? if so please email it to me as soon as possible !!!!!!)
--under limited circumstances a residential parent can be asked to account for child support monies, but this is another one where I have not had to force the issue. I hate to say how it will play out when i have not actually argued it in Court, and had a judge rule. the sad fact is there are provision of RCW26.50 that are totally illegal, and commissioners rarely if ever even include them in orders - did you know that at one point that CIVIL statute, which I have watched play out during 30 minute "mini" cross examination sessions (and guess what folks: some of the commissioners are not allowing even that amount of live testimony in defense anymore), PURPORTED to have the authority to order electronic home confinement based the most flimsly slap dash orders and in court UNCROSSEXAMINED testimony by a psycho spouse? Never ever saw that enforced but the legislature has it's way with the law from time to time, and no one is around to save her dignity. ....thus olympia gives birth yet again to joke laws that end up victimizing too many people.
All I know is that the judge asked if I wanted child support and based on my research it would have been $25 maybe $50 a month which in the grand scheme of things is not a whole lot. I'm not sure if me being awarded the home and all of the bills had anything to do with the child support however that is how it went.
So based on what I'm seeing, are you implying that my attorney screwed up? Because from what I'm seeing and based on my research recently it would seem that the attorney didn't do their due diligence to represent me correctly. If anything the last court date made me look like an a-hole in front of the judge. The only thing that I can see coming good out of this is that at least I have it in the court records for the parental investigator which I hope will make a difference in deciding the custody issue since they review the court records too.
Seattle Divorce and Custody Attorney, Washington Divorce Law)