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E-FILED

IN COUNTY CLERK'S OFFICE


PIERCE COUNTY, WASHINGTON

October 07 2014 10:48 AM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY


CASE COVER SHEET / DOMESTIC & PROBATE CASES
BRIAN GAINTNER VS. JENNIFUR GAINTNER

Case Title________________________________________Case Number 14-3-03909-2________________


Atty/Litigant JENNIFER ANN WING_________________

Bar # 27655

Phone (253) 627- 1762

Address 404 1 Ruston Way Ste 200


City TACOMA________________________________ State WA____________________ Zip 91402

Please check one category that best describes this case for indexing purposes.
I f you cannot determine the appropriate category, please describe the cause o f action below. This will create a
Miscellaneous cause which is not subject to PCLR 3.
DOMESTIC RELATIONS
ADOPTION / PATERNITY
DISSOLUTION
/ Of Marriage with Child (DIC 3) FAM LAW
___ Of Marriage without Child (DIN 3) FAM LAW
___ Of Domestic Partnrshp w Child (DPC 3)FAM LAW
___ Of Domestic Prtnrshp w/o Child (DPN3)FAM LAW
LEGAL SEPARATION
___ Of Marriage with Children (LSC 3) FAM LAW
___ Of Marriage without Children (LsN 3)FAM LAW
___ Of Domestic Partnership w Child (SPDC 3)FAM LAW
___ Of Domestic Prtnrshp w/o Child (SPD 3)FAM LAW
____Invalidity (INV 3) FAM LAW
___ Invalidity Domestic Partnership (INP 3) FAM LAW
___ Child Custody (CUS 3) CUSTODY
___ Parenting Plan / Child Support (PPS 3) FAM LAW
DOMESTIC RELATIONS
___ Foreign Judgment Domestic (FJU 3)Non PCLR
___ Modification of Custody (MDC 3)Mod of CUSTODY
___ Modification of Support Only (MDS 3) Non PCLR
___ Reciprocal, In County (RIC 3) Non PCLR
___ Reciprocal, Out of County (ROC 3) Non PCLR
____Committed Intimate Relationship (CIR) FAM LAW
____Mi scellaneous (MSC 3) Non P CLR
Mandatory Wage As signment (MSC 3) Non PCLR
Out of State Custody (MSC 3) Non PCLR
MISCELLANEOUS__________________

Revised 03/06/2014 Web cicssup-0026.pdf

Adoption (ADP 5) Non PCLR


Confidential Intermediary (MSC 5) REV 4
Paternity (PAT 5) REV 9
URESA / UIFSA (PUR 5) REV 9
Relinquishment (REL 5) Non PCLR
Terminate of Parent-Child Relation (TER 5) Non PCLR
Vulnerable Adult Petition (VAP 5) Non PCLR
Misc (MSC 5) REV 4
PROBATE / GUARDIANSHIP
Absentee (ABS 4) REV 4
Disclaimer (DSC 4) Non PCLR
Estate (EST 4)
Foreign Will (FNW 4) RE 12
Guardianship (GDN 4) REV 4
Limited Guardianship (LGD 4) REV 4
Minor Settlement with Guardianship (MST 4) REV 4
Non-Probate Notice to Creditors (NNC 4) Non PCLR
Will Only (WLL 4) Non PCLR
Misc (MSC 4) REV 4
Guardianship of Estate (GDE) REV 4
Guardianship of Person (GDP) REV 4
Limited Guardianship of Estate (LGE) REV 4
Limited Guardianship of Person (LGP) REV 4
Trnst/Estate Dispute Resolution (TDR) RE 12

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

October 07 2014 10:48 AM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR PIERCE COUNTY
BRIAN GAINTNER

No. 14-3-03909-2
Petitioner(s)
vs.

ORDER ASSIGNING CASE TO


JUDICIAL DEPARTMENT
Docket Code: AST

JENNIFUR GAINTNER
Respondent(s)
In accordance with PCLR 40(d), this case is hereby assigned to Department 02, Judge KATHERINE M. STOLZ.
Notice to Petitioner:

Once the case has been filed, the petitioner(s) shall serve a copy of this Order Assigning Case to Judicial
Department on the respondent(s) with the summons and petition. Provided, however, that in those cases where
service is by publication the petitioner shall serve a copy of this Order Assigning Case to Judicial Department
within five (5) court days of service of the respondent's first response/appearance. If the case has not been filed,
but an initial pleading is served, a copy of this Order Assigning Case to Judicial Department shall be served within
five (5) court days of filing. PCLR 1(b).
Trial Date:

A trial date may be obtained pursuant to PCLR 40(d) by filing a 'Note of Issue' for assignment of a trial date by
noon at least six (6) court days prior to the date fixed for assignment of the trial date. PCLR 40(d)
If a trial date is not obtained pursuant to PCLR 40(d), failure to appear on this date will result in dismissal of
the case by the Court. PCLR 40(d)
Assignment to Set Trial Date

Friday, February 06, 2015 9:00 AM

At that time the Court will provide you with a Case Schedule which shall include the trial date.
Certificate of Completion of Mandatory Parenting Seminar due from both parties by 12/09/2014. See
PCLSPR 94.05(c). https:\\www.co.pierce.wa.us\pc\services\lawjust\parentingseminars.htm
Uncontested Dissolutions/Settlements:

If this case is agreed upon by both petitioner(s) and respondent(s) who are represented by attorneys, you are not
required to wait for the trial date in order to settle your case; after appropriate time requirements have been met,
final pleadings may be presented in Ex Parte. If you are self represented and settle your case and the
appropriate time requirements have been met, you may file a Note for Pro Se/Self Represented Dissolution
Calendar to appear before a Court Commissioner for entry of final papers.

DATED: October 7, 2014


Judge KATHERINE M. STOLZ
Department 02
astsup-0007.pdf

E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHIN

October 07 2014 10:48

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

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Superior Court of Washington


County of PIERCE

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In re the Marriage of:


BRIAN GAINTNER

No.

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and

Petition for Dissolution


of Marriage
(PTDSS)

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JENNIFER GAINTNER

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Petitioner,

Respondent.

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I. Basis
1.1

Identification of Petitioner

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Name (first/last) Brian Gaintner, Birth date 03/26/1969


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Last known residence Pierce County, WA.


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1.2

Identification of Respondent
Name (first/last) Jennifur Gaintner, Birth date 10/31/1971
Last known residence Pierce County, WA,

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Pet for Disso of Marriage (PTDSS) - Page 1 of 5
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020

FamilySoft FonnPAK 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

1.3

The petitioner and respondent are both the legal (biological or adoptive) parents of the
following dependent children:

Name (first/last) Sebastian Gaintner Age 12

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1.4

1.5

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Date and Place of Marriage


The parties were married on December 19, 1992 at Tacoma, Washington.

1.6

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Separation
Petitioner and respondent separated on July 1, 2013.
This is the date the parties moved into separate residences.

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Allegation Regarding Marriage


This marriage is irretrievably broken.

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Children of the Marriage Dependent Upon Either or Both Spouses

1.7

Jurisdiction

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This court has jurisdiction over the marriage.

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This court has jurisdiction over the respondent because:

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The respondent is currently residing in Washington.


1.8

Property

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There is community or separate property owned by the parties. The court should make
fair and equitable division of all the property.

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The division of property should be determined by the court at a later date.

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1.9

Debts and Liabilities

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The parties have debts and liabilities. The court should make a fair and equitable division
of all debts and liabilities.

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The division of debts and liabilities should be determined by the court at a later date.

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Pet for Disso of Marriage (PTDSS) - Page 2 of 5
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020

FamilySoft FormPAK 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

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1.10

Maintenance should not be ordered.

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1.11

Continuing Restraining Order


Does not apply.

Maintenance

1.12

Protection Order

Does not apply.

If you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms or RCW 10.14 Antiharassment forms.

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1.13

No party is pregnant.

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Pregnancy

1.14

Jurisdiction Over the Children

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This court has jurisdiction over the child for the reasons set forth below.

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This state is the home state of the child because the child lived in Washington with a
parent or a person acting as a parent for at least six consecutive months immediately
preceding the commencement of this proceeding.

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1.15

Child Support and Parenting Plan for Dependent Children

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A parenting plan and an order of child support pursuant to the Washington State child
support statutes should be entered for the following child who are dependent upon both
parties.

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Names of Children
Sebastian Gaintner
The petitioner's proposed parenting plan for the child listed above is attached and is
incorporated by reference as part of this Petition.

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(The following information is required only for the child who is included in the
petitioner's proposed parenting plan.)

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Pet for Disso of Marriage (PTDSS) - Page 3 of 5
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020

FamilySoft FormPAK 2014

Law Office of
Jennifer A. Win g , PLLC
4041 Ruston Way Suite 200
Tacoma, WA 98402
(253) 627-1762

During the last five years, the child has lived in no place other than the State of
Washington and with no person other than the petitioner or the respondent.

Claims to custody or visitation:

The petitioner does not know of any person other than the respondent who has physical
custody of, or claims to have custody or visitation rights to, the child.

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Involvement in any other proceeding concerning the child:

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The petitioner has not been involved in any other proceeding regarding the child.
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Other legal proceedings concerning the child:

The petitioner does not know of any other legal proceedings concerning the child.

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1.16

Other
N/A
II. Relief Requested

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The petitioner requests the Court to enter a decree of dissolution and to grant the relief below.
Approve the petitioner's proposed parenting plan for the dependent child listed in
paragraph 1.15.
Determine support for the dependent child listed in paragraph 1.15 pursuant to the
Washington State child support statutes.

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Divide the property and liabilities.


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Award the tax exemptions for the dependent child listed in paragraph 1.14 as follows:
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Alternate the tax exemption with Father claiming in even years and Mother claiming in
odd years.
Order payment of attorney fees, other professional fees and costs.

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Jennifer A/AVing, WSBA #276


Attorney for Petitioner

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Pet for Disso of Marriage (PTDSS) - Page 4 of 5


WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020

FamilySoft FonnPAK 2014

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

I declare under penalty of p


correct

the laws of the State of Washington that the foregoing is true and

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Signed

[State] on

[Date].

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Signature of Petitioner

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Pet for Disso of Marriage (PTDSS) - Page 10 of 10
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020

FamilySoft FonnPAK 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-176:

E-FILED

IN COUN TY CLERK'S OFF


PIERCE COUNTY, WASHING
October 07 2014 10:48 A

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

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Superior Court of Washington


County of PIERCE

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In re the Marriage of:


BRIAN GAINTNER

No.

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Petitioner,
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and

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JENNIFUR GAINTNER
Respondent.

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Summons
(SM)

To the Respondent: JENNIFUR GAINTNER

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1.
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Additional requests, if any, are stated in the petition, a copy of which is attached to this
summons.

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The petitioner has started an action in the above court requesting that your marriage be
dissolved.

1.

You must respond to this summons and petition by serving a copy of your written
response on the person signing this summons and by filing the original with the clerk of
the court. If you do not serve your written response within 20 days (or 60 days if you are
served outside of the state of Washington) after the date this summons was served on you,
exclusive of the day of service, the court may enter an order of default against you, and
the court may, without further notice to you. enter a decree and approve or provide for the
relief requested in the petition. In the case of a dissolution of marriage or domestic
partnership, the court will not enter the final decree until at least 90 days after filing and
service. If you serve a notice of appearance on the undersigned person, you are entitled to

Summons (SM) - Page 1 of 2


WPF DR 01.0200 Mandatory (6/2008)-CR 4.1

FamilySoft FonnPAK 2014

O fr tc e

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

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notice before an order of default or a decree may be entered.

3.

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Your written response to the summons and petition must be on form:


WPF DR 01.300, response to Petition (Marriage).

4.

This form may be obtained by contacting the clerk of the court at the address below, by
contacting the Administrative Office of the Courts at (360) 705-5328, or from the Internet
at the Washington State Courts Homepage:

http://www.courts.wa.gov/forms
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5.

If this action has not been filed with the court, you may demand that the petitioner file
this action with the court. If you do so, the demand must be in writing and must be
served upon the person signing this summons. Within 14 days after you serve the
demand, the petitioner must file this action with the court, or the service on you of this
summons and petition will be void.

6.

If you wish to seek the advice of an attorney in this matter, you should do so promptly so
that your written response, if any, may be served on time.

7.

One method of serving a copy of your response on the petitioner is to send it by certified
mail with return receipt requested.

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This summons is issued pursuant to RCW 4.28.100 and Superior Court Civil Rule 4.1 of the state
of Washington.

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Attorney for Petitioner


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File original o f your response with


the clerk o f the court at:
Clerk of the Court
Pierce County Court
County-City Building
930 Tacoma Ave. S., Rm 110
Tacoma, WA, 98402

Serve a copy o f your response on:


Petitioner's Lawyer
Jennifer A. Wing
Law Office of Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, Washington 98402

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Summons (SM) - Page 2 of 2
WPF DR 01.0200 Mandatory (6/2008)- CR 4.1

FamilySoft FormPAK. 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

October 07 2014 10:48 AM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

3
4

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Superior Court of Washington


County of PIERCE

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Based on the declaration below, the undersigned moves the court for a temporary order which:
statutes

SUPP rt aS determined Pursuant t0

Washington State child support

approves the parenting plan which is proposed by the petitioner,

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restrains or enjoins both parties from transferring, removing, encumbering, concealing or


in any way disposing of any property except in the usual course of business or for the
necessities ot life and requiring each party to notify the other of any extraordinaryexpenditures made after the order is issued.

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Mtn/Decl for Temp Ord (MTAF) - Page 1 of 3
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060;. 110;. 120;. 194

FamilySoft FormPAK 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacom a, WA 98402
(253) 627-1762

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restrains or enjoins both parties from assigning, transferring, borrowing, lapsing,


surrendering or changing entitlement of any insurance policies of either or both parties
whether medical, health, life or auto insurance.
makes each party immediately responsible for their own future debts whether incurred by
credit card or loan, security interest or mortgage.
divides responsibility for the debts of the parties:
To Husband:

1.
2.
3.
4.
5.
6.

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Rent and utilities on his residence;


Sewer bill for family home occupied by Wife;
Vehicle insurance premiums for both parties' vehicles;
Health insurance premiums for family, including Wife;
Payment to Bankruptcy Trustee;
Any and all liabilities associated with business - Accuracy Electric,
LLC

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To Wife:
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Mortgage and utilities on her residence (excluding sewer bill);

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*Husband has paid Wife's mortgage and utilities current through October 31,
2014.
authorizes the family home to be occupied by the respondent,
orders the use of property:

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To Husband:
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1.
2.
3.
4.
5.

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To Wife:

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1.
2.

2004 Dodge Durango;


Household goods and furnishings currently in his possession;
Items in shed at Wife's residence as they pertain to business;
All assets of business - Accuracy Electric, LLC;
Use of community quads/trailer (to be stored at Wife's residence)

2007 Hyundai Tucson;


Household goods and furnishings currently in her possession

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Mtn/Decl for Temp Ord (MTAF) - Page 2 of 3
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060;. 110;. 120;. 194

FamilvSoft FormPAK 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

Orders that the parties may file income taxes for years 2013, if not filed, and 2014 as
Married, Filing Separately. Should the parties file jointly, Wife to be 100% liable for the
portion of any tax liability incurred or reduction in refund due to her not claiming taxes
while collecting unemployment. Should the parties file separately, Mother may claim
youngest child, Sebastian, as an exemption in odd years and Father may claim Sebastian
in even tax years.

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Dated:

i^

h_

Jennifer A.^Wing, WSBA #27655


Attorney for Petitioner

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Mtn/Decl for Temp Ord (MTAF) - Page 3 of 3
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060;. 110;. 120;. 194

FamilySoft FormPAK 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

IN COUNT
PIERCE CO'
October

KE
COt

NO: 1

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7

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR THE COUNTY OF PIERCE

In re: Marriage of:


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BRIAN GAINTNER,

NO.

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Petitioner,

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and
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DECLARATION OF BRIAN GAINTN ER


IN SUPPORT OF MOTION FOR
TEMPORARY ORDERS

JENNIFUR GAINTNER,
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Respondent

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I,

Brian Gaintner, do hereby declare under penalty of perjury and in accordance


the with

laws of the State of Washington as follows:

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Requested Relief. I request that the court enter the following relief:

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1. Divide payment of community debt and temporary use of property;


2. Enter my proposed temporary parenting plan;
3. Enter my proposed child support order with a transfer payment of $1,076.14 per
month;
4. Enter mutual financial restraints;

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Background of Marriage. Jennifur and I married in December 1992. I was 23 and she
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was 21. We have three children, Kyle (23 years old), Kristian (19 years old), and Sebastian (12

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years old). Kristian currently lives with me and Sebastian lives with Jennifur. Through the

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years, we both worked hard to support our family. We are both high school graduates. I am an

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electrician and Jennifur has worked in management in retail (e.g. Target, Lowes). While we

DECLARATION OF BRIAN GAINTNER - 1

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

went to counseling several times over the years, we decided to separate in July of 2013. Since

that time, Jennifur has lived in the family home and I have been in a rental home six miles from

the family home. Our son, Sebastian, attends Hudtloff Middle School in Lakewood. As

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described below, Jennifur was terminated from her job at Lowe's almost a year ago, in
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November 2013, and has not sought employment since that time. I graduated from Clover Park

High School in 1987. I worked for various electrical companies over the years, but formed my

own business in 2004 with a partner. Ultimately, due to the downturn in the economy in 2008,

my partner and I dissolved the company. I formed my current company, Accuracy Electric LLC,

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in 2010 and have been self-employed since that time. Our two oldest sons, Kyle and Kristian,
are employed by me as electrician apprentices and I currently pay them Kyle $ 16/hour and

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Kristian $11/hour.
The Court should Adopt mv Proposed Parenting Plan.

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Jennifur and I both have strong relationships with our children. We are both in regular

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contact with our two older children, Kyle and Kristian and, as stated above, Kristian still lives

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with me. Over the years, we have both parented Sebastian. When Jennifur worked in retail, I

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performed most parenting duties for Sebastian because Jennifur worked evenings, week-ends and

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holidays. Sebastian and I played basketball, went to the movies, played videogames, and did
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many other typical father-son activities.

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Since Jennifur and I separated, we have not had a parenting plan or official schedule

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for Sebastian. When Jennifur was still working (July, 2013 until November, 2013), Sebastian

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was with me most of the time. After her termination from Lowes in November 2013, Jennifur

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had the time to take Sebastian to and from school, stay with him for school holidays and has
been with him this past summer. After she lost her job and she was home with Sebastian, I
DECLARATION OF BRIAN GAINTNER - 2

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

suddenly rarely saw him. I did not have a regular schedule (and still do not) and Jennifur has

dictated when I see him and for how long. Currently, Jennifur brings Sebastian over to my house

to see me on almost a nightly basis. Jennifur often stays in the car outside my house while he

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runs in to see me for 10-15 minutes. 1 have had him over some week-ends, but often my week
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end time is cut short because Jennifur and Sebastian have something else planned.
Jennifur is still not working and has no work schedule. I work Monday through Friday

from 4:30 a.m. to 6:00 p.m. I also work some Saturdays, but since I own my business, I can take

off the Saturdays I have with Sebastian. Until Jennifur has a job, I propose that Sebastian

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continue to reside with her as the primary caretaker. I further propose that I be given visitation
every other week-end from Friday at 6:00 p.m. to Sunday at 7:00 p.m. and every Wednesday

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evening from 5:30 p.m. to 8:30 p.m. During our weekday time, I will have Sebastian over to my
house for dinner and we could relax together, play sports, do homework or just hang out

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together. I look forward to more regular time with Sebastian. I feel I need more designated time

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with Sebastian to continue to develop and sustain my relationship with him.

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I love my son and want to ensure that I have consistent, designated time with him. By
adopting my proposed parenting plan, Sebastian will have the consistency of being with Jennifur

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as has been the case over the last year, but will have time with me as well on a consistent basis.
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Our Respective Careers/Incomes. I own my own electrical business and my income

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depends on the jobs and contracts I bid on and am able to secure. In 2012 and 2013 I made

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approximately $80,000 annually. In 2013/beginning of 2014, I was having a very good year as I

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had secured a contract for the construction of condominiums in Issaquah, which was very busy

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and lucrative. I no longer have that job and I am now working on single family residential
construction, typically two new houses per month. Again, it all depends on the bidding process
DECLARATION OF BRIAN GAINTNER - 3

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

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and actually getting the jobs. I have recently had to lay off my top journeyman for the next
month or so until work picks up again, if it does. This year I am on course to make a little under
$110,000. This is based on my ytd pay through August and anticipating I can pay myself the

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same amount for the remainder of the year. I averaged the officer compensation from the last
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two years for this year as well. Of course, my income is all dependent on the economy and can
fluctuate greatly from year to year and month to month.
Jennifur has always excelled in retail. She started at Target and worked her way up to a
front end manager. While at Target, management from Lowes recruited her when they were
building the new Lowes in Lakewood approximately 12 or 13 years ago. She secured the
Lowes job and was a manager at Lowes working the front end. She was responsible for

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ordering, scheduling and managing employees. Jennifur worked at Lowes since its opening.
Prior to losing her job, Jennifur earned $41,500 per year. See her 2012 W2 filed under seal. She

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is a bright, organized and motivated person and I am confident she can find a well-paying job. I

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have mentioned to her that Home Depot is hiring, that a new Bass Pro Shop is opening, etc.,

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however, Jennifur has stated that she no longer wants to work retail and wants a 9-5 type job. I

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understand that she may not want to work in retail given its long hours including week-ends and

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holidays, but 1 have not seen any effort on her part to obtain employment in any field for the past
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year. I am also uncertain if she is still collecting unemployment which was approximately $500
gross per week.
Order of Child Support. I am proposing temporary child support using my income of
$108,800 annually (which is on the higher end) and $40,000 annually (Jennifur - imputed at her
historical rate of earnings), for a child support transfer payment to Jennifur of $ 1,076.41. This
includes a credit of $30.00 per month that I pay towards Sebastian's medical premiums.
DECLARATION OF BRIAN GAINTNER - 4

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

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Division of Assets and Liabilities Pending Dissolution and Maintenance. Jennifur


and I do not have substantial assets. I own my electrical business and we have a modest IRA.

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Given the downturn in the economy in 2008 (particularly to the construction industry), we had to
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declare bankruptcy about one year ago. In the bankruptcy, our credit card debt was forgiven but

the 2007 Hyundai Tucson loan and house was not. I pay the trustee $830 per month on a balance

owing of $19,920.00. I have been paying this for the last year and a half and it is my

understanding that I have another year and a half of payments (36 months total). I am unsure

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what would happen to the vehicle that Jennifur drives should I stop paying on this community
debt but I am checking with our bankruptcy attorney for direction.

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For the past year since separation, I have paid my own personal expenses, including my
rent of $1,100, as well as the following expenses for Jennifur:
a. Mortgage on family home ($ 1,215 per month);
b. All of the utilities on family home incurred by Jennifur:

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i.
ii.
iii.
iv.
v.
vi.
vii.

Electric;
Gas;
Sewer;
Water;
Garbage;
Cable (Internet)
Direct TV

c. Vehicle insurance on vehicle Jennifur drives; and


d. Medical insurance for family including Jennifur

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I simply cannot continue to support Jennifurs unemployment and pay all of her bills. It

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has been almost a year since she lost her job at Lowes and I do not believe she is even actively

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looking for work. As of October, 2014,1 had to stop paying for her satellite television, internet,

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and garbage bill as I simply cannot afford it. I have paid the mortgage on the family home that
DECLARATION OF BRIAN GAINTNER - 5

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

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she and Sebastian are living in at $1,215 per month and this is paid through the end of October,

2014. As my financial declaration shows, I live very modestly while trying to pay for two
households. 1 have taken on all of our community debt as well as all of our separate debt sino

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July, 2013, and I simply cannot continue to do so. I am proposing that Jennifur now be
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responsible for the mortgage on the home and all of her utilities (with the exception of the sewer

for the home as I do not want a lien). I will pay my bills as set forth on my financial declarati on

to include Jennifurs sewer bill, the $830 monthly payment to the bankruptcy trustee, health

insurance for the family and car insurance for the vehicle that Jennifur drives.

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Jennifur may find that without a job she can no longer stay in the family home. Since we
no longer have credit due to the bankruptcy, the only option may be to allow the home to go into

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foreclosure. Jennifur can remain there mortgage free until such time as it is foreclosed upon, I

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am also seeing if the community debt payment to the Bankruptcy Trustee can now cease with out

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causing any detriment to the vehicle that Jennifur drives.

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Conclusion. I respectfully request the Court adopt my temporary parenting plan and my
proposed order of child support and order my proposed payment of liabilities.

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DECLARATION OF BRIAN GAINTNER - 6

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

Oc \i

DATED this c?S day of September, 2014 at Tacoma, Washington.

/?

yy
BRIAN GAINTNER

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DECLARATION OF BRIAN GAINTNER - 6

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHIN
October 07 2014 10:48

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

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Superior Court of Washington


County PIERCE

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In re the Marriage of:

No.

BRIAN GAINTNER

Parenting Plan
Proposed (PPP)

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Petitioner,
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and

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JENNIFUR GAINTNER
Respondent.

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This parenting plan is proposed by Petitioner, Brian Gaintner.

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It Is Ordered, Adjudged and Decreed:

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I. General Information
This parenting plan applies to the following child:
Name

Age

Sebastian Gaintner

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Parenting Pian (PPP, PPT, PP) Page 1 of 10


WPF DR 0 1.0400 Mandatory (6/2008) - RCW 26.09.181;. 187;. 194

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II. Basis for Restrictions

Under certain circumstances, as outlined below, the court may limit or prohibit a parent's
contact with the child and the right to make decisions for the child.

2.1

Parental Conduct (RCW 26.09.191(1), (2))


Does not apply.

2.2

Other Factors (RCW 26.09.191(3))


Does not apply.

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III. Residential Schedule

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The residential schedule must set forth \\>here the child shall reside each day o f the year,
including provisions for holidays, birthdays o f family members, vacations, and other special
occasions, and what contact the child shall have with each parent. Parents are encouraged to
create a residential schedule that meets the developmental needs o f the child and individual
needs o f their family. Paragraphs 3.1 through 3.9 are one way to write your residential
schedule. I f you do not use these paragraphs, write in your own schedule in Paragraph 3.13.
3.1

There are no children under school age.

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Schedule for Children Under School Age

3.2

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School Schedule
Upon enrollment in school, the child shall reside with the respondent, except for the
following days and times when the child will reside with or be with the other parent:

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From Friday, 6:00 p.m. to Sunday, 7:00 p.m. every other week

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Every Wednesday from 5:30 p.m. to 8:30 p.m.

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3.3

Schedule for Winter Vacation

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The child shall reside with the respondent during winter vacation, except for the
Parenting Plan (PPP, PPT, PP) Page 2 of 10
WPF DR 01.0400 Mandatory (6 /2 0 0 8 )-RCW 26.09.181; .187; .194

Law Office of
. w ..
__ _
Jennifer A. Wing, PLLC
T

4041 Ruston Way, Suite 200


Tacoma, WA 98402
(253) 627-1762
FamilySoft FormPAK. 2014

following days and times when the child will reside with or be with the other parent:

Father shall have the first portion of winter vacation in odd years and the second portio
of winter vacation in even years. The first portion commences at 6:00 p.m. the day
school lets out until 10:00 a.m. on Christmas Day. The second portion commences at
10:00 a.m. on Christmas Day until the evening prior to school commencing at 7:00 p.m.

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3.4

Schedule for Other School Breaks


The child shall reside with the respondent during other school breaks, except for the
following days and times when the child will reside with or be with the other parent:

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The parties to share the spring vacation equally with a Wednesday evening exchange at
6:30 p.m. The Monday/Tuesday and Thursday/Friday shall coordinate with that parent
residential weekend.

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3.5

Summer Schedule
Upon completion of the school year, the child shall reside with the respondent, except for
the following days and times when the child will reside with or be with the other parent:

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Same as school year schedule.


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3.6

Vacation With Parents


The schedule for vacation with parents is as follows:

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Each party may take up to two weeks vacation with the child either consecutively or
inconsecutively. The parties to provide each other with their respective vacation plans no
later than May 1st of each year. Should there be a conflict in schedules, then Father shall
have priority in odd years and Mother shall have priority in even years.

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3.7

Schedule for Holidays

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The residential schedule for the child for the holidays listed below is as follows:

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New Year's Day


Martin Luther King Day
Presidents' Day
Memorial Day

With Father
(Specify Year
Odd/Even/Every)

With Mother
(Specify Year
Odd/Even/Every)

Odd
Even
Odd
Even

Even
Odd
Even
Odd

Parenting Plan (PPP, PPT, PP) Page 3 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187; . 194

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July 4th
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day

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Odd
Even
Odd
Even
Odd
Even

Even
Odd
Even
Odd
Even
Odd

For purposes of this parenting plan, a holiday shall begin and end as follows (set forth
times):

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New Year's Day includes New Year's Eve commencing at 6:30 p.m. until 7:00 p.m. on
the holiday.

July 4th is an overnight holiday commencing at 10:00 a.m. on the 4th until 10:00 a.m. on
the 5th.

Thanksgiving holiday commences Wednesday evening at 6:30 p.m. until Sunday evening
at 7:00 p.m.

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Christmas Eve/Christmas Day - See Paragraph 3.3 regarding Winter Vacation.


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Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.
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3.8

15

Schedule for Special Occasions


The residential schedule for the child for the following special occasions (for example,
birthdays) is as follows:

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With Father
(Specify Year
Odd/Even/Every)

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Mother's Day
Father's Day
Sebastian's Birthday

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With Mother
(Specify Year
Odd/Even/Every)
Every

Every
Odd

Even

Special occasions are from 10:00 a.m. until 7:00 p.m.

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Should Sebastian's birthday fall on a weekday, then visitation shall be from 5:30 p.m.
until 8:30 p.m.

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3.9

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Parenting Plan (PPP, PPT, PP) Page 4 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187;. 194

Priorities Under the Residential Schedule

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Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, in the following order:

Rank the order of priority, with 1 being given the highest priority:

3 winter vacation (3.3)


4 school breaks (3.4)
1 holidays (3.7)
2 special occasions (3.8)
5 vacation with parents (3.6)

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3.10

Restrictions

Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.

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3.11

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Transportation Arrangements

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Transportation costs are included in the Child Support Worksheets and/or the Order of
Child Support and should not be included here.

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Transportation arrangements for the child between parents shall be as follows:

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The receiving parent to pick up child.

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3.12

15

Designation of Custodian
The child named in this parenting plan is scheduled to reside the majority of the time with
the respondent. This parent is designated the custodian of the child solely for purposes of
all other state and federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's rights and responsibilities under
mdt
this parenting plan.

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3.13

Other

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Does not apply.

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3.14

Summary of RCW 26.09.430 - .480, Regarding Relocation of a Child

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This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.

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If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.

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If the move is outside the child's school district, the relocating person must give notice by
Parenting Plan (PPP, PPT, PP) Page 5 of 10
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187; . 194

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4041 Ruston Way, Suite 200
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personal service or by mail requiring a return receipt. This notice must be at least 60 days
before the intended move. If the relocating person could not have known about the move
in time to give 60 days' notice, that person must give notice within 5 days after learning of
the move. The notice must contain the information required in RCW 26.09.440. See also
form DRPSCU 07.0500, (Notice of Intended Relocation of A Child).
If the move is within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.

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Notice may be delayed for 21 days if the relocating person is entering a domestic violence
shelter or is moving to avoid a clear, immediate and unreasonable risk to health and
safety.
If information is protected under a court order or the address confidentiality program, it
may be withheld from the notice.

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A relocating person may ask the court to waive any notice requirements that may put the
health and safety of a person or a child at risk.

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Failure to give the required notice may be grounds for sanctions, including contempt.

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If no objection is filed within 30 days after service of the notice of intended


relocation, the relocation will be permitted and the proposed revised residential
schedule may be confirmed.

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A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.

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The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.

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IV. Decision Making


Parenting Plan (PPP, PPT, PP) Page 6 of 10
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187;. 194

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4.1

Each parent shall make decisions regarding the day-to-day care and control of each child
while the child is residing with that parent. Regardless of the allocation of decision
making in this parenting plan, either parent may make emergency decisions affecting the
health or safety of the child.

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Day-to-Day Decisions

4.2

Major Decisions

Major decisions regarding each child shall be made as follows:

Education decisions:

joint

Non-emergency health care:

joint

Religious upbringing:

joint

Drivers License:

joint

Extracurricular Activities:

joint

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4.3

Restrictions in Decision Making

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Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above.

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V. Dispute Resolution

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The purpose o f this dispute resolution process is to resolve disagreements about carrying out this
parenting plan. This dispute resolution process may, and under some local court rules or the
provisions o f this plan must, be used before filing a petition to modify the plan or a motion for
contempt for failing to follow the plan.

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Does not apply as this is a Temporary Parenting Plan.

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VI. Other Provisions

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There are the following other provisions:


A. The child shall have reasonable telephone privileges with the parent with whom the chile is
not then residing, without interference from the residential parent.

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Parenting Plan (PPP, PPT, PP) Page 7 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187; . 194

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B. Each parent agrees to exert every reasonable effort to maintain free access and unhampered
contact and communication between the child and the other parent, and to promote emotions of
affection, love and respect between the child and the other parent. Each parent agrees to refrain
from words or conduct which would have a tendency to estrange the chid from the other parent,
to damage the opinion of the child as to the other parent,or which would impair the natural
development of the child's love and respect for the other parent. Each parent agrees and
understands that words or conduct which have a tendency to estrange or diminish the opinion of
the child from the other parent, also tends to diminish the child's self-esteem and self-worth.
C. Each parent agrees to honor the other's parenting style, privacy and authority, so long as it is
not adverse to the child's best interest. Neither parent shall interfere in the parenting style of the
other, nor shall either parent make plans or arrangements that would impinge upon the other
parent's authority or time with the child without the express agreement of the other. Each parent
shall encourage the children to discuss his or her grievance against the parent directly with the
parent in question. It is the intent of both parents to encourage direct parent-child
communication and bonding.
D. Each parent shall have equal authority to confer with school, daycare, health and other
program personnel regarding the child's progress, and each parent shall have full and equal access
to the education and healthcare records of the child.

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E. Each parent shall inform the other when that parent plans to be away from his or her residence
with the child for more than two consecutive nights. The information to be provided shall
include duration of the period, the destination(s) and destination telephone number(s). This
provision is included solely for the purpose of knowing the parent's and child's location in the
event of an emergency and is not meant to be intrusive.
F. Neither parent shall advise the child of the status of child support payments or other legal
matters regarding the parental relationship and obligation.

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G. Neither parent shall use the children, directly or indirectly, to gather information about the
other parent or take verbal messages to the other parent.
H. Each parent shall have the right and responsibility to insure that the children attend school or
other scheduled activities while in that parent's care. Activities shall not be scheduled to
unreasonably interfere with the other parent's residential time with the child.
I. Each parent shall provide the other parent with the address and telephone number of their
residence and update such information promptly whenever it is anticipated to change or changes.
"Reasonableness" is defined at least 30 days in advance of a scheduled move, or within 72 hours
of an unscheduled move.

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Parenting Plan (PPP, PPT, PP) Page 8 of 10


WPF DR 01.0400 Mandatory (6/2008) -RCW 26.09.181;. 187;. 194

Law Office of
.
T _
Jennifer A. Wing, PLLC

.r

4041 Ruston Way, Suite 200


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(253) 627-1762
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1
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J. Neither parent shall ask the child to make decisions or requests involving the residential
schedule with the children except for plans which have already been agreed to by both parents in
advance.
K. Neither parent shall encourage the child to change his or her primary residence or encourage
the child to believe that it is his or her choice to do so. It is a choice which will be made by the
parents, or if they cannot agree, the courts.

6
VII. Declaration for Proposed Parenting Plan
7

(Only sign if this is a proposed parenting plan.) I declare under penalty of perjury under
the laws of the State of Washington that this plan has been proposed in good faith and
that the statements in Part II of this Plan are true and correct.

8
9
s

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.
~

f -----

^
____ 1

Brian Gaintner
Petitioner

(a ) A____________

Date and Place of Signature

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VIII. Order by the Court

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It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and
approved as an order of this court.
WARNING: Violation of residential provisions of this order with actual knowledge of its terms
is punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
9A.40.070(2). Violation of this order may subject a violator to arrest.

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When mutual decision making is designated but cannot be achieved, the parties shall make a
good faith effort to resolve the issue through the dispute resolution process.
If a parent fails to comply with a provision of this plan, the other parent's obligations under the
plan are not affected.

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Dated:______________________________

__________________
Judge/Commissioner

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Parenting Plan (PPP, PPT, PP) Page 9 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187;. 194

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Presented by:

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Jennif6r A. Wing, WSBA #27655


Attorney for Petitioner

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Parenting Plan (PPP, PPT, PP) Page 10 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181; . 187; . 194

Law Office of
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E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 07 2014 10:48 AM
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

Washington State Child Support Schedule Worksheets


[ ] Proposed by [ ]
[ ] State of WA [ ] Other
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)
M other Jennifur Gaintner
County PIERCE

(CSWP)

Father Brian Gaintner


Case No.

Child(ren) and Age(s): Sebastian Gaintner, 12


Parti: Income (see Instructions, page 6)
1. Gross Monthly Income
a. Wages and Salaries
b. Interest and Dividend Income
c. Business Income
d, Maintenance Received
e. Other Income
f. Imputed Income
g.Total Gross Monthly Income {add lines 1a through 1f)
2. Monthly Deductions from Gross Income
a. Income Taxes (Federal and State) T a x Y e ar: 2 0 14
b. FICA (Soc.Sec.+Medicare)/Self-Employment Taxes
c. State Industrial insurance Deductions
d. Mandatory Union/Professional Dues
e. Mandatory Pension Plan Payments
f. Voluntary Retirement Contributions
g.Maintenance Paid
h. Normal Business Expenses
i. Total Deductions from Gross Income
(add lines 2a through 2h)
3, Monthly Net Income (line 1g minus 2i)
4. Combined Monthly Net Income
(line 3 amounts combined)
5. Basic Child Support Obligation (Combined amounts -*)
Sebastian Gaintner
$1557.00

Father
$9,066.70

Mother
$3,333 30

$9,066.70

$3,333 30

$1,770.51
$693.61

$202 65
$254 99

$2,464.12
$457 64
$6,602.58
$2,875 66
$9,478.24

$1,557.00

6. Proportional Share of Income


(each parent's net income from line 3 divided by line 4)
WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 1 o f 5

.697

.303

Part II: Basic Child Support Obligation (see Instructions, page 7)


7. Each Parent's Basic Child Support Obligation without consideration
of low income limitations (Each parent's Line 6 times Line 5.)
8. Calculating low income limitations: Fill in only those that apply.
Self-Support Reserve: (125% of the Federal Poverty Guideline.)
a. Is combined Net Income Less Than $1,000? If ves. for each
parent enter the presumptive $50 per child.
b. Is Monthlv Net Income Less Than Self-Support Reserve? If ves.
for that parent enter the presumptive $50 per child.
c. Is Monthlv Net Income equal to or more than Self-Suooort
Reserve? If ves. for each parent subtract the self-support
reserve from line 3. If that amount is less than line 7, enter that
amount or the presumptive $50 per child, whichever is greater.
9. Each parent's basic child support obligation after calculating
applicable limitations. For each parent, enter the lowest amount
from line 7, 8a - 8c, but not less than the presumptive $50 per
child.

$471.77

$1,085.23
$1,216 .00

$471. 77

$1,085.23

Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8
10. Health Care Expenses
a. Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10b)
d.Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d. Other Special Expenses (describe)

Father
$30.00

Mother

$30.00
$30.00
.
-

e. Total Day Care and Special Expenses


(Add lines 11a through 11 d)
12. Combined Monthly Total Day Care and Special Expenses
(line 11 e amounts Combined)
13. Total Health Care, Day Care, and Special Expenses (line 10d
plus line 12)
14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)

$30.00
$20.91

$9.09

$1,106.14

$480.86

Part IV: Gross Child Support Obligation


15. Gross Child Support Obligation (line 9 plus line 14)

Part V: Child Support Credits (see Instructions, page 9)


16. Child Support Credits
a. Monthly Health Care Expenses Credit
b.Day Care and Special Expenses Credit
WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 2 o f 5

$30.00
-

c. Other Ordinary Expenses Credit (describe)


-

$30.00

d.Total Support Credits (add lines 16a through 16c)

Part VI: Standard Calculation/Presumptive Transfer Payment (see Instructions, page 9)


17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is greater)

$1,076.14

$480.86

$2,971.16

$1,294.05

$271.31

$117. 94

Part VII: Additional Informational Calculations


18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)

Part VIII: Additional Factors for Consideration (see Instructions, page 9)


20. Household Assets
(L is t th e e s tim a te d v a lu e o f a ll m a jo r h o u s e h o ld a s s e ts .)

a. Real Estate
b. Investments
c. Vehicles and Boats
d. Bank Accounts and Cash
e. Retirement Accounts
f. Other: (describe)

Father's
Household

Mother's
Householc1

21. Household Debt


(List liens against household assets, extraordinary debt.)
a.
b.
c.
d.
e.
f.
22. Other Household Income
a. Income Of Current Spouse or Domestic Partner
(if not the other parent of this action)
Name
Name
b. Income Of Other Adults in Household
Name
Name
c. Gross Income from overtime or from second jobs the party
is asking the court to exclude per Instructions, page 8

d. Income Of Child(ren) (if considered extraordinary)


Name
Name
WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 3 o f 5

e. Income From Child Support


Name
Name

f. Income From Assistance Programs


Program
Program

g.Other Income (describe)


-

23. Non-Recurring Income (describe)


-

24. Child Support Owed, Monthly, for Biological or Legal Child(ren)

Father's
Household

Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))

Mother's
Household
-

26.
Other Factors For Consideration
Father's income based on 2014 ytd and average of officer wages for annual of $108,800; Taxes:
Married/1
Mother's income based on historical earnings of $40,000/annually; Taxes: Married/2

WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 4 o f 5

Judicial/Reviewing Officer

Date

Worksheet certified by the State of Washington Administrative Office of the Courts.


Photocopying of the worksheet is permitted.

WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 5 of 5


c:..\state templates\waworksheet.dtf p:\familysoft\client list\gaintner\gaintner.scp 09/22/2014 03:37 pm

S upportC a/c 2014

WORKSHEET SYNOPSIS
FATHER

MOTHER

COMBINED

$6,602.58
.697

$2,875.66
.303

$9,478.24

6 . O b lig a tio n f o r H e a lth C a re , D a y C a re , a n d S p e c ia l E x p .

$1,085.23
$20.91

$471.77
$9.09

7.

$1,106.14

$480.86

1. Monthly Net Income Tax Year: 2014


2. Proportional Share of Income
3. Basic Support:
Sebastian Gaintner

4.

$1557.00

TOTAL

$1,557,00

5. Basic Support Obligation with Income Limitations

TOTAL OBLIGATION

8. CREDIT for Medical

$30.00

9. CREDIT for Day Care and Special Exp.


10. CREDIT for Ordinary Expenses
11.
12.

TOTAL CREDITS
Father Pays Mother

Calculated Using Self Support Reserve: 2014

File Name: Gaintner.SCP


Page was printed on 9/22/2014 at 03:37 PM

SupportCa/c 2014

$30.00
$1076.14

$30.00

E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHINi
October 07 2014 10:48 A

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

3
4

5
6
7

S u p e rio r C o u r t o f W a sh in g to n
C o u n ty of F IE R C E

8
In re:

BRIAN GAINTNER

10
P e titio n e r,

11

F in a n c ia l D e c la ra tio n

And

|X |P e titio n e r

JENNIFUR GAINTNER

[ (R espondent
(F N D C L R )

12

R esp o n d en t,

13
Name: Brian Gaintner

Date of Birth: 03/26/1969

14

15
16

I. S u m m a r y o f B a s i c I n f o r m a t i o n

Declarant's Total Monthly Net Income (from 3.3 below)


Declarant's Total Monthly Household Expenses (from g 5.9 below)
Declarant's Total Monthly Debt Expenses (from g 5.11 below)
Declarant's Total Monthly Expenses (from 5.12 below)
Estimate of the other party's gross monthly income (from 3.1g below)

[X]

17

[]

18
19

20

II. P e r s o n a l I n f o r m a t i o n

2.1

Occupation: Electrician

2.2

The highest year of education completed: 12

2.3

Are you presently employed?


a. If yes:

[X] Yes

[ ] No

( 1) Where do you work. Employer's name and address must be listed on the
C o n fid en tial In fo rm atio n F orm .

21

22

S6.602.58
S3.452.00
$830.00
$4,282.00
$3,333.30
Unknown

(2 ) When did you start work there? (month/year)


b. If no:

2010

(1) When did you last work? (month/year)

23

(2) What were your gross monthly earnings?

24

(3) Why are you presently unemployed?

25
Financial Declaration (FNDCLR) - Page 1 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

1
III. Income Information

2
3
4
5

If child support is at issue, complete the Washington State Child Support Worksheet(s), skip Paragraphs 3.1 and
3.2. If maintenance, fees, costs or debts are at issue and child support is Not an issue this entire section should be
completed. (Estimate of other party's income information is optional.)

3.1

6
7

8
9

10
11

Gross Monthly Income


If you are paid on a weekly basis, multiply your weekly gross pay by 4.3 to determine your monthly wages
and salaries. If you are paid every two weeks, multiply your gross pay by 2.15. If you are paid twice
monthly, multiply your gross pay by 2. If you are paid once a month, list that amount below.
Brian Gaintner
Jennifur Gaintner
a. Imputed Income
b. Wages and Salaries
$9,066.70
$3,333.30
c. Interest and Dividend Income
d. Business Income
e. Spousal Maintenance Received
From
f.
Other Income
g.

T o ta l G ro ss M o n th ly In co m e

h.

(add lines 3.1a through 3. le)


Actual Gross Income (Year-to-date)

S 9,0 6 6 .7 0

$3,3 3 3 .3 0

12
13

3.2

Monthly Deductions From Gross Income


a.
b.
c.
d.
e.
f.
g.
h.

14
15
16
17

Income Taxes
FICA/Self-employment Taxes
State Industrial Insurance Deductions
Mandatory Union/Professional Dues
Pension Plan Payments
Spousal Maintenance Paid
Normal Business Expenses
T o ta l D e d u c tio n s fro m G ro ss Incom e

Brian Gaintner
$1,770.51
$693.61

Jennifur Gaintner
$202.65
$254.99

$ 2 ,4 6 4 .1 2

S 457.64

(add lines 3.2a through 3.2g)

18
19

3.3

(Line 3. If minus line 3.2h


or line 3 from the Child Support Worksheet(s).)

M o n th ly N et In co m e

S6,602.58

$2,875.66

20
21
22

23
24
25
Financial Declaration (FNDCLR) - Page 2 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCo/c/FD 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

3.4

2
3

Miscellaneous Income
a. Child support received from other relationships
Name:
Name:
b. Other miscellaneous income

Brian Gaintner

Jennifur Gaintner

(list source and amounts)

Income of current spouse


Name:
Name:
Income of children
Name:
Name:
Income from assistance programs
Name:
Name:
Non-recurring income
Name:
Name:
Other Income:

4
5

6
7

8
9

10
11
c.

12
13

Total Miscellaneous Income


(add lines 3.4a through 3.4b)

3.5

14

Income of Other Adults in Household


Name: Kristian - son ($11/hour)
Name:

3.6

If the income of either party is disputed, state monthly income you believe is correct and
explain below:

4.1
4.2
4.3

Cash on hand
On deposit in banks
Stocks and bonds
Cash value of life insurance
Other liquid assets:

15
16
17

IV. Available Assets

18
4.4

S45.00
-

19
V. Monthly Expense Information

20
21
22
23
24

Monthly expenses for myself and 1 dependents are: (Expenses should be calculated for the future, after separation,
based on the anticipated residential schedule for the children.)
5.1

Housing
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or
encumbrances
Taxes & insurance (if not in monthly payment)

Total Housing

S1,100.00

SI,100.00

25
Financial Declaration (FNDCLR) - Page 3 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

5.2

2
3
4

Utilities
Heat (gas & oil)
Electricity
Water, sewer, garbage
Telephone
Cable
Other: DirectTV
T o ta l U tilities

$60.00
$100.00
$120.00
$90.00
$65.00
$80.00
S 515.00

5.3

8
9

T o ta l F ood S u p p lies

5.4

10
11
12

5.5

14

5.6

17
18

20
21
22

Transportation
Vehicle payments or leases
Vehicle insurance & license
Vehicle gas, oil, ordinary maintenance
Parking
Other transportation expenses
T o tal T ra n s p o r ta tio n

15

19

Children
Day Care/Babysitting
Clothing
Tuition (if any)
Other child-related expenses
T o tal E xpenses C h ild re n

13

16

Food and Supplies


Food for 2 persons
Supplies (paper, tobacco, pets)
Meals eaten out
Other:

Health care (Omit if fully covered)


Insurance
Uninsured dental, orthodontic, medical, eye
care expenses
Other uninsured health expenses
T o tal H e a lth C a r e

5.7

Personal Expenses (Not including children)


Clothing
Hair care/personal care expenses
Clubs and recreation
Education
Books, newspapers, magazines, photos
Gifts
Other:
T o tal P e rso n a l E xpenses

$400.00
$75.00
$ 100.00
S 575.00

$50.00

S 5 0 .0 0

$270.00
$400.00

$670 .0 0

$317.00
$25.00

$34 2 .0 0

$50.00
$25.00
$50.00
$25.00
$50.00
$ 200.00

23
24
25
Financial Declaration (FNDCLR) - Page 4 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

5.8

2
3

Miscellaneous Expenses
Life insurance (if not deducted from income)
Other:
Other:
T o ta l M iscellan eo u s E x p en ses

5.9

T o tal H o u seh o ld E xp en ses

5.10 Installment Debts Included in Paragraphs 5.1 Through 5.8


Creditor/Description of Debt
Balance

S 3,452.00

(The total of Paragraphs 5.1 through 5.8)


Month of Last Payment

6
7

8
9

10
11
12

5.11

Other Debts and Monthly Expenses not Included in Paragraphs 5.1 - 5.8
Month of
Creditor/Description of Debt
Balance
Last Payment
Bankruptcy Trustee
$19,920.00
Current

Amount of
Monthly Payment
$830.00

13
14
15
16
17
18
19

20
21
22
23
24
25
Financial Declaration (FNDCLR) - Page 5 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

1
2

S830.00

Total Monthly Payments for Other Debts and Monthly


Expenses
5.12

S4,282.00

Total Expenses (Add Paragraphs 5.9 and 5.11)

3
VI. Attorney Fees
4
6.1

Amount paid for attorney fees and costs to date:

6.2

The source of this money was:

6.3

Fees and costs incurred to date:

6.4

Arrangements for attorney fees and costs are:

6.5

Other:

$3,000.00

9
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

10
11
12
13
14
15

Signed at

, [City]

[State] on_ 2 . ^

O o m j& kel

/
u

LL
nan Gaintner
Signature o f Declarant
The following financial records are being provided to the other party' and filed separately with the court.
Financial records pertaining to myself:

16
17

[ ] Individual [ ] Partnership or Corporate Income Tax returns for


the years:
including all W-2s and schedules;

18

[ ] Pay stubs for the dates of

19

20
21

[ ] Other:

Do not attach these financial records to the financial declaration. These financial records should be served on
the other party and filed with the court separately using the sealed financial source documents cover sheet
(WPF DRPSCU 09.0220). If filed separately using the cover sheet, the records will be sealed to protect your
privacy (although they will be available to all parties in the case, their attorneys, court personnel and certain
state agencies and boards.) See GR 22 (c)(2).

22
23
24
25
Financial Declaration (FNDCLR) - Page 6 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

Template: p:\familysoft\client list\gaintner\fd edited.dtf


Client: p:\familysoft\client list\gaintner\gaintner.scp 09/22/2014 03:36 pm
Support/'cj/c/FD 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

October 07 2014 10:54 AM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPER IO R CO URT OF THE STATE OF W ASHINGTON


IN AND FOR PIERCE COUNTY

B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.

J E N N IF U R G A IN T N E R

R e s p o n d e n t(s )

TO THE CLERK OF THE SUPERIOR COURT AND TO:


Name: JENNIFUR GAINTNER
Address: 7601 76TH AVENUE SW LAKEWOOD, WA 98498

Phone:
Respondent

P le a s e ta k e n o tic e th a t an is s u e o f la w in th is c a s e w ill be h e a rd on th e d a te a n d tim e s h o w n b e lo w :

Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion - Tem porary O rder
Calendar: Show Cause/Family Law

CALENDAR DATE: Monday, November 03, 2014 9:00 AM


WORKING COPIES SHALL BE SUBMITTED TO COMMISSIONERS SERVICES ROOM 140,
BEFORE 12:00 NOON TWO COURT DAYS PRIOR TO HEARING
DATED:

O c to b e r 7, 2 0 1 4 .

Signed:

/s / J E N N IF E R A N N W IN G

NAME:

J E N N IF E R A N N W IN G

Phone:

(2 5 3 ) 6 2 7 -1 7 6 2

WSBA#:
For:

A tto rn e y fo r P la in tiff/P e titio n e r

ADDRESS:

4 0 4 1 R u s to n W a y S te 2 0 0
T A C O M A , W A 9 8 4 0 2 -5 3 0 0

Note for Commissioners Calendar (ntc.rptdesign)

27655

1 of 1

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

October 20 2014 11:58 AM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR PIERCE COUNTY
BRIAN GAINTNER
Petitioner(s),
vs.

NO. 14-3-03909-2
NOTICE OF APPEARANCE

JENNIFUR GAINTNER
_______________ Respondent(s)
TO: Clerk of the Court
AND TO: JENNIFER ANN WING, attorney for Petitioner, BRIAN GAINTNER, SEBASTIAN
GAINTNER
PLEASE TAKE NOTICE that JASON P BENJAMIN, appears herein on behalf of the
Respondent(s) JENNIFUR GAINTNER and requests that all further pleadings and paper, except
original process, be served upon said attorney at the address listed below.

DATED: October 20, 2014

ntaprsup-0001 .pdf

/s/ JASON P BENJAMIN


JASON P BENJAMIN, #25133
Attorney for Respondent(s)

Benjamin &Healy
1201 Pacific Ave Ste C7
TACOMA wa 9842-4393
(253)512-1196

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

October 22 2014 2:40 PM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPERIOR COURT, IN AND FOR THE COUNTY OF PIERCE, STATE OF WASHINGTON
IN RE THE MARRIAGE OF: BRIAN GAINTNER
Plaintiff/Petitioner
vs.
JENNIFUR GAINTNER
Defendant/Respondent

Cause No.:
14-3-03909-2
Hearing Date: 11/03/2014
DECLARATION OF SERVICE OF
NOTE FOR COMMISSIONER'S CALENDAR; SUMMONS;
PETITION FOR DISSOLUTION OF MARRIAGE; MOTION
AND DECLARATION FOR TEMPORARY ORDER;
DECLARATION OF BRIAN GAINTNER IN SUPPORT OF
MOTION FOR TEMPORARY ORDERS; PARENTING PLAN
PROPOSED; WASHINGTON STATE CHILD SUPPORT
SCHEDULE WORKSHEETS; FINANCIAL DECLARATIONPETITIONER; SEALED FINANCIAL SOURCE DOCUMENTS

The undersigned hereby declares: That s(he) is now and at all times herein mentioned was a citizen of
the United States, over the age of eighteen, not an officer of a plaintiff corporation, not a party to nor
interested in the above entitled action, and is competent to be a witness therein.
On the 20th day of October, 2014 at 7:08 PM at the address of 7601 76TH AVE. SW, LAKEWOOD,
Pierce County, WA 98498; this declarant served the above described documents upon JENNIFUR
GAINTNER by then and there personally delivering 1 true and correct copy(ies) thereof, by then
presenting to and leaving the same with JENNIFUR GAINTNER, Who tried to refuse service, with
identity confirmed by verbal communication, a blonde-haired white female approx. 25-35 years of
age. Her son who answered stated I will go get her.
No information was provided or discovered that indicates that the subjects served are members of the
United States military.
Service Fee Total: $ 69.50

ORIGINAL PROOF OF SERVICE


PAGE 1 OF2
For: Kampbell & Johnson, PLLC
Ref#: GAINTNER AND GAINTNER

Tracking #: 0004974550

Declarant hereby states under penalty of perjury under the laws of the State of Washington that the
statement above is true and correct.

ORIGINAL PROOF OF SERVICE


PAGE 2 OF 2
For: Kampbell & Johnson, PLLC

Ref#: GAINTNER AND GAINTNER

Tracking #: 0004974550

E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING

October 28 2014 8:44 AM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

3
4
5

6
7

Superior Court of Washington


County of PIERCE '

8
9

10
11

12

In re the Marriage of:

No.

BRIAN G AINTNER

Motion for Temporary Order


(MTAF)

14-3-03909-2

Petitioner,
and
JENNIFUR G AINTNER

Respondent.

13
14

I.

Motion

15
Based on the declaration below, the undersigned moves the court for a temporary order which:

16
orders temporary maintenance.

17
18

orders child support as determined pursuant to the Washington State child support
statutes.

19

approves the parenting plan which is proposed by the respondent.

20

restrains or enjoins both parties from transferring, removing, encumbering, concealing or


in any way disposing of any property except in the usual course of business or for the
necessities of life and requiring each party to notify the other of any extraordinary
expenditures made after the order is issued.

21
22
23

restrains or enjoins both parties from assigning, transferring, borrowing, lapsing,


surrendering or changing entitlement of any insurance policies of either or both parties
whether medical, health, life or auto insurance.

24
divides responsibility for the debts of the parties.

25
Mtn for Temp Ord (MTAF) - Page 1 of 2
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194

L A W OFFICES OF
B E N J A M IN & H E A L Y , PLLC

Pacific Ave, Suite C7


Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
12 0 1

FamilySoft FormPAK 2014

1
authorizes the family home to be occupied by the respondent.

2
3
Dated:

/0
Jason P. Benjamin, W SBA# 25133
Attorney for Petitioner

4
5

6
7

8
9
10
11

12
13
14
15
16
17
18
19
20

21
22
23
24
25
Mtn for Temp Ord (MTAF) - Page 2 of 2
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING'

October 28 2014 8:44 AM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

3
4
5

6
7

Superior Court of Washington


County of PIERCE

8
9
10
11

12

15
16
17
18
19
20
21

22
23
24

14-3-03909-2

BRIAN GAINTNER

Petitioner,

DECLARATION OF JENNIFUR GAINTNER

and
JENNIFUR GAINTNER

Respondent.

13
14

No.

In re the Marriage of:

This declaration is made in response to Petitioners Motion and in support of my motion for
spousal maintenance.
W e have been together for 27 years; married for 22 of those years as of December.
three children; two of them are no longer dependents.

W e have

PARENTING PLAN
I did agree to Brians proposed parenting plan based on his representations he stated in his
declaration. For example, he states that he would take Saturdays off from work for the
weekends he has with our son. It is his own company and he has this ability, but has not done
so.
Additionally, I would like it to be added that Brian (not a third party) is required to take our son to
his scheduled activities. If he cannot take him, I am more than happy to. Both parties should be
able to attend his activities.
Our son is in Tae Kwon Do MMA during the week, but some of the activities fall on Saturdays.
He has already missed one mandatory event because Brian did not want to pay for him to attend
and take him, which unfortunately may result in our son waiting an additional year to obtain his
black belt. Our son is really upset about this and a year to a 12 year old feels like an eternity.

25
Mtn/Decl for Temp Ord (MTAF) - Page 1 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 -5 12 -19 5 7

Brian does not participate in any parent-teacher conferences or sports. If something falls during
times that Brian is with him, he needs to take Sebastian or contact me so that I can make sure he
attends.

3
4
5

6
7

Another concern is that Brian is discussing this divorce with our son. He is telling our son that we
are getting back together and that he is moving back into the home. These things should not be
conveyed to our son because it is stressful for children to hear adult conversations and it is
confusing for Sebastian.
Brian told our son that because I got an attorney, he was really thinking about things and wants to
come home and that he was going to tell his attorney to cancel the divorce. Our son did not know
that I had an attorney and it was inappropriate for him to discuss these adult conversations with
him.

8
SPO USAL M AINTENA NCE / C H ILD SUPPO RT

9
10
11

12
13
14
15

Brian and I both graduated high school. I have been supportive of Brians career and
entrepreneur decisions with regard to his business. W e spent a lot of time and energy getting his
2nd business up and running. Our goal with this business was to start this venture and create a
very lucrative business that he could run from an office so that he did not have to work in the field
and avoid having to work on his knees. He has very bad knees and so I did not want him to have
to keep working on them. I co-signed all of the loans, taxes, credit cards and documents he has
needed. He did not keep me entirely in the loop with regard to his business. I never asked
questions and just tried to be supportive.
As far as my employment, I have worked in the retail field. I have been unemployed for 10
months and have been very aggressive with looking for employment. I want to get back into the
working field and have never been one to not work. I worked at Target for 6 years and then at
Lowes for 13 years.

16
17
18
19

I signed up for job alert so that I can be notified when something opens up. I have applied to
numerous positions, including part-time and on-call positions. I have a couple open applications
with the school district that are still pending as well. My friends and family know that I am looking
and they also keep an eye out for me to let me know.
I do not want to work in retail due to the hours, but since I have not had any luck with the other
positions, I have put in applications for retail positions such as Home Depot and Target.

20
21

Since Brian has repeatedly made false statements to portray that I do not want to work or gain
employment, I have attached just a few of the applications I sent out as evidence beginning from
May 2014 as Exhibit A. However, I could provide tons more if needed.

22
23
24
25

Since Brian shut off the internet, I am forced to take my l-pad to the McDonalds to get Wifi to
apply to positions. I also use my cell phone at times, but that is difficult on such a small screen.
In addition, if my son has to do anything for homework online, we have to go to McDonalds. This
is appalling given Brians income. Our son should not go without internet.
At this point, I am considering going back to school. I do not have any college education and I
think that I would have better opportunities if I go back to school.
Mtn/Decl for Temp Ord (MTAF) - Page 2 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
TaCOma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 -5 12 -19 5 7

1
2

I have not received unemployment since I believe June 2014.

Brian is the only one in our household that is earning an income and he knows that I am fully
financially dependent on him. He decided to stop paying some of the household expenses. I
am extremely concerned by his latest email to our bankruptcy attorney that he does not want to
pay our mortgage. Please see Exhibit B.

I have absolutely no income.

I have also attached a medical statement for Sebastian that I received in the mail showing we are
60 days past due because Brian will not pay. I have attached this as Exhibit C and am
requesting that Brian pay this immediately and provide proof.

8
9
10
11

12
13

Brian does not communicate with me or tell me he doesnt plan to pay something - things just get
shut off. For example, the cable, internet and phone just stopped working. I have not had
garbage service for at least 3 weeks! I am forced to take my garbage to my sisters or sometimes
family will take with them and put in their trash can. According to Brians financial declaration, he
earns over $9,000 per month, but does not want to provide any spousal support or pay for our
household expenses.
Everything that he shut off, he should be responsible to turn back on. I am asking that he be
responsible for the debt accruing due to his lack of payments. Specifically, Direct TV is now
sending statements regarding collection and we owe $374.68.
He does not even offer or discuss spousal maintenance, so I have filed a separate motion to
address this issue. Brian is more concerned about his money than anything else.

14
15

I believe Brian makes more than $9,000 per month. His $110,000 estimate is based off of his
2012 Tax Return, but the most recent 2013 Tax Return shows as follows:

16

la

Gross receipts or sales

fa Returns and allowances

17
18
19
20
21

22
23
24
25

E
0
0

1a

408,907

lb

Cost of goods sold (attach Form 1125-A)

1c
2

Gross orofit. Subtract line 2 from line 1c

c Balance. Subtract line tbfrom line 1a

408,907
179,602
229,305

Brian says he does not have the available funds, but his own financial declaration using the low
figure of $9,000 gross shows that he has $2,320.58 left over after all debts and expenses are paid
(not including our mortgage).
Using an extremely low figure for his own income, Brian uses the highest figure from my
employment with Lowes with 13 years of promotions and increases. As with retail, I would not
be able to find employment and start out at $41,500. The figures he has imputed for me are not
an accurate depiction of earnings I would be able to obtain at this time. Most of the positions I am
applying for are around $13 per hour. Even applying to these, I am not having any luck.
I am asking that I be imputed at $13 per hour, which is a more realistic figure.
Using an estimated figure of $12,000 for Brians gross income and $13 per hour for me, it would
provide for a transfer payment of $1,358.
Mtn/Decl for Temp Ord (MTAF) - Page 3 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

1
2

I am requesting spousal maintenance to equalize a total of $4,500 in undifferentiated support.


This would equalize the incomes of our households.

3
4
5

He should continue to make the bankruptcy payments, as the second mortgage on the house and
my car payment are included in that monthly premium and these need to be maintained.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.

6
7

Signed at Tacoma, Washington on October 27, 2014.

8
9
10
11
12

13
14
15
16
17
18
19
20
21

22
23
24
25
Mtn/Decl for Temp Ord (MTAF) - Page 4 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

EXHIBIT A

Melissa Goins
From:
Sent:
To:
Subject:

jennifurgaintner@yahoo.com
Monday, October 27, 2014 12:38 PM
Melissa Goins
Fwd: Your Application was Received

Sent on a Virgin Mobile Samsung Galaxy S III

------- Original message-------From: Clover Park School District


Date:05/22/2014 3:43 PM (GMT-08:00)
To: Jennifur Gaintner
Subject: Your Application was Received

Your Application was Received


Dear Applicant,
This email confirms that your application has been received. Below you will find a summary of your
application.
If you have not thought about substituting in the district, we would like to invite you to consider
substituting. It is a great way to market your skills and gain school district experience.
For information regarding substituting, contact the substitute coordinator at
acasiano@cloverDark.k12.wa.us.
Applicant Name: Jennifur Gaintner
Posting Name: Secretary - Director's - 20148203
Posting ID: 20148203
Application Date: 5/22/2014 3:42 PM
Job Type: Classified

Clover Park School District

Powered bv TalentEd Recruit & Hire,M Applicant Trackina and Hirina for K-12

Melissa Goins
From:
Sent:
To:
Subject:

jennifurgaintner@yahoo.com
Monday, October 27, 2014 12:36 PM
Melissa Goins
Fwd: Your Application was Received

Sent on a Virgin Mobile Samsung Galaxy S<8> III

------- Original message-------From: Clover Park School District


Date:07/13/2014 11:13 PM (GMT-08:00)
To: Jennifur Gaintner
Subject: Your Application was Received

Your Application was Received


Dear Applicant,
This email confirms that your application has been received. Below you will find a summary of your
application.
If you have not thought about substituting in the district, we would like to invite you to consider
substituting. It is a great way to market your skills and gain school district experience.

For information regarding substituting, contact the substitute coordinator at


acasiano@cloverDark.k12.wa.us.
Applicant Name: Jennifur Gaintner
Posting Name: Secretary - ASB - 20152117
Posting ID: 20152117
Application Date: 7/13/2014 11:13 PM
Job Type: Classified

Clover Park School District

Powered by TalentEd Recruit & Hire

Applicant Tracking and Hiring for K-12

Melissa Goins
From:
Sent:
To:
Subject:

jennifurgaintner@yahoo.com
Monday, October 27, 2014 12:35 PM
Melissa Goins
Fwd: Application Status Update - Secretary - ASB - 20152117 - Woodbrook Middle
School

Sent on a Virgin Mobile Samsung Galaxy S III

------- Original message-------From: Clover Park School District


Date:08/01/2014 1:01 PM (GMT-08:00)
To: Jennifur Gaintner
Subject: Application Status Update - Secretary - ASB - 20152117 - Woodbrook Middle School

Application Status Update - Secretary - ASB - 20152117 - Woodbrook Middle


School
Thank you for submitting an employment application with Clover Park School District. We appreciate
the thought, time and energy you have invested in our candidate selection process.
Your application materials have been reviewed, and at this time, another candidate has been
selected for this position.
We invite you to continue to apply for other openings with Clover Park School District. Again, thank
you for your interest in employment opportunities with our district.
Lori Liedes
Recruitment Coordinator
Human Resources

Clover Park School District

Powered by TalentEd Recruit & HireIMApplicant Tracking and Hiring for K-12

Melissa Goins
From:
Sent:
To:
Subject:

jennifurgaintner@yahoo.com
Monday, October 27, 2014 12:20 PM
Melissa Goins
Fwd: Office Assistant

Sent on a Virgin Mobile Samsung Galaxy S 111

------- Original message-------From: info@govemmentiobs.com


Date:08/14/2014 3:28 PM (GMT-08:00)
To: Jennifurgaintner@,yahoo.com
Subject: Office Assistant
*

_* ___

* ___ _____ * ___ _____ >ie___ * ___ * ___ * ___ jfc___ _____ * ___ sf:___ _____ $ ___ * ___ * ___ sjc___ s}:___ s|c

Replies to this email will be sent to Mary Pandrea <mpandrea@citvoflakewood.us>


* ___ * ___ _____ * ___ _____ pfe___ j{c___ _____ Jfc

5k

j|c

%___ jfe___ sjc___ ^ ___ i|c___ ^ ___ H<___ * ____ Sfc

August 14, 2014


Jennifur Gaintner
7601 76th ave Sw
Lakewood, WA 98498
Dear Jennifur:
Thank you for your interest in the Office Assistant position with the City of Lakewood. We appreciate the time
you invested completing the application materials for this position. Unfortunately, we have selected another
candidate whose qualifications more closely match our current needs.
I wish you all the best in your career endeavors.
Sincerely,
Mary Pandrea
City of Lakewood (WA) Human Resources Department
[HU

Melissa Goins
From:
Sent:
To:
Subject:

jennifur gaintner <jennifurg@gmail.com>


Monday, October 27, 2014 12:25 PM
Melissa Goins
Fwd: External Jobseeker Job Application

--------- Forwarded message---------From: <iobs-usworks@applv2iobs.com>


Date: Thursday, October 9, 2014
Subject: External Jobseeker Job Application
To: Jennifurg@gmail.com

Thank you for your inquiry regarding our current job opening 6239 - UDS Collector.
Your resume will be carefully reviewed against the requirements of our current open positions. Should your
experience and skills match an available position, you will be contacted to arrange an interview.
Thank you for your interest in U.S. HealthWorks.

(EID #24)

Melissa Goins
From:
Sent:
To:
Subject:

jennifurgaintner@yahoo.com
Monday, October 27, 2014 12:21 PM
Melissa Goins
Fwd: Your Home Depot Office/Store Support Employment Application

Sent on a Virgin Mobile Samsung Galaxy S III

------- Original message-------From: "donotreplv@homedepot.com"


Date: 10/15/2014 5:01 PM (GMT-08:00)
To: Jennifurgaintner@vahoo.com
Subject: Your Home Depot Office/Store Support Employment Application
Jennifur,
Thank you for your interest in The Home Depot. Your application for the Office/Store Support position located in
TACOMA WA is now complete. Your candidate reference number is 2617182.
Increase your chances to be selected for an interview?
Apply to additional store locations
Check your email and voicemail often
Keep your online Home Depot profile updated
Thank you,
The Home Depot Retail Staffing Center

*****************************************************************************
IMPORTANT NOTE: This email has been sent by The Home Depot Retail Staffing Center, NOT your local Home
Depot store. PLEASE DO NOT REPLY TO THIS EMAIL. THIS EMAIL ACCOUNT IS NOT MONITORED.

Melissa Goins
From:
Sent:

To:
Subject:

jennifurgaintner@yahoo.com
Monday, October 27, 2014 12:22 PM
Melissa Goins
Fwd: Virtual Job Tryout Request

Sent on a Virgin Mobile Samsung Galaxy S<D ill

------- Original message-------From: "DONOTREPLY@,keybank.com"


Date:10/18/2014 6:42 AM (GMT-08:00)
To: iennifurgaintner@,yahoo.com
Subject: Virtual Job Tryout Request
Dear Jennifur,
Thank you for expressing interest in the Oakbrook Part Time Teller, 30 Hours 4103BR position. Please note
that this position requires completion of a Virtual Job Tryout. The Virtual Job Tryout (R) is an interactive
experience via the internet that takes approximately 45 to 60 minutes to complete and may only be completed
once in a 12-month time frame for each job type.
Please follow the link below to access the job tryout:
http://iobtryout.net/kevbank/index.asp?uid=l 09074 l&pid=teller&tid=4103 BR.
Thank you again for your interest in Key.
Regards,
KeyBank Talent Acquisition

EXHIBIT B

Fwd: House payment - Jason Benjamin

Page 1 of 1

Fwd: House payment


jennifur gaintner <jennifurg@gmail.com>
Wed 10/22/2014 5:25 PM
ToJason B e n ja m in <ja s o n @ a tto rn e y s 2 5 3 .c o m >;

- ................F o rw a rd e d m essage - ..............


From : Desa C o n n iff < d e s a c o n n iff@ b e e c h e ra n d c o n n iff.c o m >
Date: Tuesday, O c to b e r 7, 2014
Subject: RE: H o u se p a y m e n t
To: Brian G a in tn e r < b ria n @ a c c u ra c v e le c tric .n e t>
Cc: ie n n ifu ra @ a m a il.c o m

Brian, Please kee p in m in d th a t I re p re s e n t b o th o f y o u . A n y c o m m u n ic a tio n


t o m e w ill be d ire c te d b a ck t o b o th o f yo u .

If y o u d o n o t m a k e th e p a y m e n t o n th e firs t m o rtg a g e , th e h o u se w ill be


fo re c lo s e d . If y o u d o n o t m a ke th e p a y m e n ts t o th e tru s te e , y o u r case w ill
be dism issed . T hen y o u w ill o w e all th e d e b t y o u o w e d w h e n y o u file d th e
case, in c lu d in g th e 2 n d m o rtg a g e .
------- O rig in a l M e s s a g e ------From : Brian G a in tn e r fm a ilto :bria n @ a ccu ra cve le ctric.n e t1
Sent: M o n d a y , O c to b e r 06, 2014 7:41 A M
To: Desa Gese C o n n iff
Subject: H o use p a y m e n t

I'm g o in g th ro u g h a d iv o rc e a n d was w o n d e rin g w h a t h a p p e n s if I q u it p a yin g


th e m o rtg a g e a n d o r th e $8 30 t o th e tru s te e J e n n ifu r w ill stay In th e ho use
a n d I k n o w she c a n t p a y th e m o rtg a g e . Can th e h o u se g o ba ck t o th e bank? D o
I ne ed to see y o u o n th is m a tte r? =

https://outlook. office3 65. com/owa/

10/27/2014

EXHIBIT C

WE ACCEPT
AND
Please see back of form

STATEMENT DATE:

Page: 1

1 0 /20 /2 0 1 4

ALLEN M ORE CHILDREN & YO UNG A D U LT CLIN IC


1924-A S CEDAR
TACOMA WA 98405

$T| 0

ATTENTION:
253 627 6932

Your account is 60 days


PAST DUE.

JENNIFER GAINTNER
7601 76TH AVE SW
TACOMA WA 98498

Please send all


back payments today.

AINTNER

Please / box if above address information is incorrect & indicate chan

C U T HERE

CU T HERE

P LEA SE RETURN TH E U PPER P O R TIO N O F T H IS P AG E W ITH Y O U R PAY M EN T

----- V------

1924-A S CEDAR
TACOMA WA 98405

ALLENMORE CHILDREN & YOUNG Al

V ISIT
DATE

PRO VIDER

m l - r f .
rA IG lL
1 2 /0 3 /0 1

PROC
CODE

CH AR G E
AMOUNT

IN SU R AN CE
CO M PA N Y

BILLED

EX P LA N A TIO N
CODE

DATE
RECV'D

-V-.....
253 627 6932

A M O U N T AD JU ST
RECV'D AM O U N T

PRIVATE
DUE

7 / 3 0 / 1 4 Regence has d enied 7 / 1 7 / 1 4


services as n o t being eligible

D SCH N ELLE

99213

- 7 3 .1 4

6 0 .0 0

E S T A B P T -1 5

1 2 /0 3 /0 1

D SCH N ELLE

92567

I n s u ra n c e P a y m e n t

0 1 /0 4 /0 2

In s u ra n c e D is a llo w e d

0 1 /0 4 /0 2

- 3 9 .1 4

I n s u ra n c e D e n ie d

0 1 /1 8 /0 2

P r iv a te P a y m e n t-C h e c k

0 1 /2 9 /0 2

- 1 5 .0 0

I n s u ra n c e P a y m e n t

0 2 /1 1 /0 2

- 3 4 .0 0

R e v e r s e P r iv a te P a y m e n t

1 1 /2 6 /0 2

1 5 .0 0
-3 1 .0 0

2 3 .0 0

TY M PA N O G RA M

0 7 /1 7 /1 4

D SCH N ELLE

99213

In su ra n c e P a y m e n t

0 1 /0 4 /0 2

- 2 3 .0 0

In su ra n c e P a y m e n t

0 2 /1 1 /0 2

- 2 3 .0 0

R e v e r s e P r iv a te P a y m e n t

0 7 /2 9 /0 9

1 5 .00
0 .0 0

1 1 0 .0 0

E S T A B P T -1 5
REGENCE BLUE

0 7 /1 8 /1 4

I n s u r a n c e D e n ie d

Please call ah ead to reserve yo u r flu shot tim e.


copay due a t tim e o f service.
HAPPY AUTUMN!

0 7 /3 0 /1 4

R em inder:

60

THANK YOU

NO W DUE

3L
$ u o

PLEASE RETURN TOP PORTION WITH YOUR PAYMENT. RETAIN BOTTOM PORTION FOR YOUR RECORDS
#33176 - Medical A rts Press 1 -800-328-2179

IF ANY OF THE FOLLOWING HAS CHANGED SINCE YOUR LAST STATEMENT, PLEASE INDICATE...
Your Name

Marital Status

Home Phone

Address

City

State

Employer

ZIP

Business Phone

Employer Address

City

Insurance Company

State

ZIP

Contract No.

IF Y O U W IS H T O U SE Y O U R C R E D IT C A R D , P L E A S E C O M P L E T E T H E F O L L O W IN G ...

Please check one:

____VISA ____Mastercard

Expiration Date_______

Account Number____________________________________________

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Amount to be charged $

Signature_______________________________

E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING

October 28 2014 8:44 AM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2
3
4
5

6
7

Superior Court of Washington


County of PIERCE

8
In re:
9

No.

BRIAN GAINTNER

14-3-03909-2

10
Financial Declaration
Respondent
(FNDCLR)

Petitioner,

11

And

12

JENNIFUR GAINTNER

13

Name: Jennifur Gaintner

Respondent.

I.

14
15
16

19

Summary of Basic Information

$1,808.93
$2,705.00

II.

$2,705.00
$

12, 000.00

Personal Information

2.1

Occupation:

2.2

The highest year of education completed:

2.3

Are you presently employed?


[ ] Yes
[X] No
a. If yes:
(1) Where do you work. Employer's name and address must be listed on the

12

Confidential Information Form.

20
21

10/31/1971

Declarant's Total Monthly Net Income (from 3 .3 below)


Declarant's Total Monthly Household Expenses (from 5 .9 below)
Declarant's Total Monthly Debt Expenses (from 5 .1 1 below)
Declarant's Total Monthly Expenses (from 5 .1 2 below)
Estimate of the other party's gross monthly income (from 3 .1 g below)

17
18

Date of Birth:

(2) When did you start work there? (month/year)


b. If no:

(1) When did you last work? (month/year)

12/2013

22

(2) What were your gross monthly earnings?

23

(3) Why are you presently unemployed?

24
25

Financial Declaration (FNDCLR) - Page 1 of 6


WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

1
III.

Income Information

If child support is at issue, complete the Washington State Child Support Worksheet(s), skip
Paragraphs 3.1 and 3.2. If maintenance, fees, costs or debts are at issue and child support is Not an
issue this entire section should be completed. (Estimate of other party's income information is
optional.)

3.1

Gross Monthly Income


If you are paid on a weekly basis, multiply your weekly gross pay by 4.3 to determine your
monthly wages and salaries. If you are paid every two weeks, multiply your gross pay by 2.15.
If you are paid twice monthly, multiply your gross pay by 2. If you are paid once a month, list
that amount below.

a.
b.
c.
d.
e.

9
10
11

f.
9-

12

h.

13
14

3.2

15

17
18

Total Gross Monthly Income

(add lines 3.1a through 3.1e)


Actual Gross Income (Year-to-date)

Income Taxes
FICA/Self-employment Taxes
State Industrial Insurance Deductions
Mandatory Union/Professional Dues
Pension Plan Payments
Spousal Maintenance Paid
Normal Business Expenses
Total Deductions from Gross Income

$12,000.00

Jennifur Gaintner
$2,253.30
$2,253.30

Brian Gaintner
$2,738.71
$778.50
-

Jennifur Gaintner
$272.00
$172.37
-

$3,517.21

$444.37

$8,482.79

$1,808.93

(add lines 3.2a through 3.2g)

19
20

Brian Gaintner
$12,000.00
-

Monthly Deductions From Gross Income


a.
b.
c.
d.
e.
f.
g
h.

16

Imputed Income
Wages and Salaries
Interest and Dividend Income
Business Income
Spousal Maintenance Received
From
Other Income

3.3

Monthly Net Income (Line 3.1f minus line 3.2h

orjine 3 from the Child Support Worksheet(s).)

21

22
23
24

25
Financial Declaration (FNDCLR) - Page 2 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

1
2

3.4

Miscellaneous Income
a.
Child support received from other relationships
Name:
Name:
b.
Other miscellaneous income

Brian Gaintner

Jennifur Gaintner

(list source and amounts)

Income of current spouse


Name:
Name:
Income of children
Name:
Name:
Income from assistance programs
Name:
Name:
Non-recurring income
Name:
Name:
Other Income:

6
7

8
9

10
11
12

c.

Total Miscellaneous Income


(add lines 3.4a through 3.4b)

13

3.5

14

Income of Other Adults in Household


Name:
Name:

3.6

If the income of either party is disputed, state monthly income you believe is correct and
explain below:

18

4.1
4.2
4.3

19

4.4

Cash on hand
On deposit in banks
Stocks and bonds
Cash value of life insurance
Other liquid assets:

15
16

IV.
17

20
21

22
23
24

Available Assets

V. Monthly Expense Information


Monthly expenses for myself and
1 dependents are: (Expenses should be calculated for the future,
after separation, based on the anticipated residential schedule for the children.)
5.1

Housing
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or
encumbrances
Taxes & insurance (if not in monthly payment)
Total Housing

$1,215.00

$1,215.00

25

Financial Declaration (FNDCLR) - Page 3 of 6


WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

1
2

5.2

3
4
5

5.3

8
9

5.4

10
11

Utilities
Heat (gas & oil)
Electricity
Water, sewer, garbage
Telephone
Cable
Other:
Total Utilities
Food and Supplies
Food for 2 persons
Supplies (paper, tobacco, pets)
Meals eaten out
Other:
Total Food Supplies
Children
Day Care/Babysitting
Clothing
Tuition (if any)
Other child-related expenses
Total Expenses Children

$100.00
$100.00
$50.00
$55.00
$50.00
$355.00

$400.00
$100.00
$100.00
$600.00

$75.00

$75.00

12
5.5
13
14
15
16

5.6

Health care (Omit if fully covered)


Insurance
Uninsured dental, orthodontic, medical, eye
care expenses
Other uninsured health expenses
Total Health Care

5.7

Personal Expenses (Not including children)


Clothing
Hair care/personal care expenses
Clubs and recreation
Education
Books, newspapers, magazines, photos
Gifts
Other:
Total Personal Expenses

17
18
19

20
21

22
23

Transportation
Vehicle payments or leases
Vehicle insurance & license
Vehicle gas, oil, ordinary maintenance
Parking
Other transportation expenses
Total Transportation

$250.00

$250.00

$50.00
$65.00

$50.00
$165.00

24
25

Financial Declaration (FNDCLR) - Page 4 of 6


WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCa/c/FD 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 -5 12 -19 5 7

1
2

5.8

3
4

5.9

Miscellaneous Expenses
Life insurance (if not deducted from income)
Other: Dog Grooming
Other:
Total Miscellaneous Expenses

$45.00
$45.00
$2,705.00

Total Household Expenses


(The total of Paragraphs 5.1 through 5.8)

Installment Debts Included in Paragraphs 5.1 Through 5.8


5.10
Creditor/Description of Debt
Balance

Month of Last Payment

8
9

10
11
12

5.11

Other Debts and Monthly Expenses not Included in Paragraphs 5.1 - 5.8
Month of
Creditor/Description of Debt
Balance
Last Payment

Amount of
Monthly Payment

13
14
15
16
17
18
19

20
21
22
23
24
25

Financial Declaration (FNDCLR) - Page 5 of 6


WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)

SupportCafc/FD 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

1
2

Total Monthly Payments for Other Debts and Monthly


Expenses

5.12

Total Expenses (Add Paragraphs 5.9 and 5.11)

$2,705.00

VI.
5

6.1

Attorney Fees

Amount paid for attorney fees and costs to date:

$5,000

6
7

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.

8
Signed at Tacoma, Washington on October 27, 2014.
9

10

11
12
13
14
15
16
17
18
19

20
21
22
23
24
25

Financial Declaration (FNDCLR) - Page 6 of 6


WPF DRPSCU 01.1550 (6/2006) - R O W 26.18.220(1)

SupportCa/c/FD 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 - 5 1 2 -1 9 5 7

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 28 2014 8:44 AM
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

Washington State Child Support Schedule Worksheets


[ ] Proposed by [ ]
[ ] State of WA [ ] Other
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)

Mother Jennifur Gaintner


County PIERCE

(CSWP)

Father Brian Gaintner


Case No. 14-3-03909-2

Child(ren) and Age(s): Sebastian Gaintner, 12


Parti: Income (see Instructions, page 6)
1. Gross Monthly Income
a. Wages and Salaries
b. Interest and Dividend Income
c. Business Income
d. Maintenance Received
e. Other Income
f. Imputed Income
g.Total Gross Monthly Income (add lines 1a throuqh 1f)
2. Monthly Deductions from Gross Income
a. Income Taxes (Federal and State)
Tax Year: 2 0 1 4
b.FICA (Soc.Sec.+Medicare)/Self-Employment Taxes
c. State Industrial Insurance Deductions
d. Mandatory Union/Professional Dues
e. Mandatory Pension Plan Payments
f. Voluntary Retirement Contributions
g. Maintenance Paid
h. Normal Business Expenses
i. Total Deductions from Gross Income
(a d d lines 2 a th ro u g h 2 h )
3. Monthly Net Income (line 1q minus 2i)
4. Combined Monthly Net Income
(line 3 amounts combined)
5. Basic Child Support Obligation (Combined amounts -*)
Sebastian Gaintner
$1655.00

Father
$12000.00

Mother
$2,253.30

_
_
_

.
.

$12000.00

$2,253.30

$2,738.71
$778.50

$272.00
$172.37

.
-

_
_

_
_

$3,517.21
$444.37
$1,482.79
$1,808.93
$10,291.72
: p;:i

$1,655.00

6. Proportional Share of Income


(each parent's net income from line 3 divided by line 4)
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 1 o f 5

.824 |

.176

Part II Basic Child Support Obligation (see Instructions, page 7)


7. Each Parent's Basic Child Support Obligation without consideration
of low income limitations (Each parent's Line 6 times Line 5.)
8. Calculating low income limitations: Fill in only those that apply.
Self-Support Reserve: (125% of the Federal Poverty Guideline.)
a. Is combined Net Income Less Than $1,000? If ves, for each
parent enter the presumptive $50 per child.
b. Is Monthly Net Income Less Than Self-Suooort Reserve? If ves,
for that parent enter the presumptive $50 per child.
c. Is Monthly Net Income eaual to or more than Self-Suooort
Reserve? If ves, for each oarent subtract the self-suooort
reserve from line 3. If that amount is less than line 7, enter that
amount or the presumptive $50 per child, whichever is greater.
9. Each parent's basic child support obligation after calculating
applicable limitations. For each parent, enter the lowest amount
from line 7, 8a - 8c, but not less than the presumptive $50 per
child.

$1,363.72

$291.28

| $1,216.00
.

$1,363.72

Part II I: Health Care, Day Care, and Special Child Rearing Expenses

$291.28

(see Instructions, page 8)


Father
$30.00

10. Health Care Expenses


a Monthly Health Insurance Paid for Child(ren)
b Uninsured Monthly Health Care Expenses Paid for Child(ren)
c Total Monthly Health Care Expenses
(line 10a plus line 10b)
d Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a Day Care Expenses
b Education Expenses
c Long Distance Transportation Expenses
d Other Special Expenses (describe)

Mother
-

$30.00
$30.00

e Total Day Care and Special Expenses


(Add lines 11a through 11 d)
12. Combined Monthly Total Day Care and Special Expenses
(line 11e amounts Combined)
13. Total Health Care, Day Care, and Special Expenses (line 10d
plus line 12)
14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)

$30.00
$24.72

$5.28

Part IV: Gross Child Support Obligation


15. Gross Child Support Obligation (line 9 plus line 14)
Part V:

Child Support Credits

$1,388.44 |

$296.56

(see Instructions, page 9)

16. Child Support Credits


a Monthly Health Care Expenses Credit
b.Day Care and Special Expenses Credit
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 2 o f 5

$30.00
-

c. Other Ordinary Expenses Credit (describe)


-

$30.00

d. Total Support Credits (add lines 16a through 16c)

Part V 1: Standard Calculation/Presumptive Transfer Payment (see Instructions, page 9)


17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is greater)

Part VII:

$296.56

$3,817.26

$814.02

$340.93

$72.82

Additional Informational Calculations

18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)

Part VIII:

$1,358.44

Additional Factors for Consideration (see Instructions, page 9)

20. Household Assets


(List the estimated value of all major household assets.)
a Real Estate
b Investments
c Vehicles and Boats
d Bank Accounts and Cash
e Retirement Accounts
f. Other: (describe)

21. Household Debt


(List liens against household assets, extraordinary debt.)
a
b
c
d
e
f.
22. Other Household Income
a Income Of Current Spouse or Domestic Partner
(if not the other parent of this action)
Name
Name
b.Income Of Other Adults in Household
Name
Name
c Gross Income from overtime or from second jobs the party
is asking the court to exclude per Instructions, page 8

d.Income Of Child(ren) (if considered extraordinary)


Name
Name
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 3 o f 5

Mother's
Household

Father's
Household
-

e.l ncome From Child Support


Name
Name

f. Income From Assistance Programs


Program
Program

g<Dther Income (describe)

23. Non-Recurring Income (describe)

24. Child Support Owed, Monthly, for Biological or


Child(ren)
Name/age:
Paid
Name/age:
Paid
Name/age:
Paid
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))

26.

Legal

Father's
Household

[ ] Yes [ ] No
[ ] Yes [ ] No
[ ] Yes [ ] No

Other Factors For Consideration

WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 4 o f 5

Mother's
Household
-

Judicial/Reviewing Officer

Date

Worksheet certified by the State of Washington Administrative Office of the Courts.


Photocopying of the worksheet is permitted.
W S C S S -W o rksh eets - M a n d a to ry (C S W /C S W P ) 07/2013 P age 5 o f 5
SupportCa/c 2014
c:..\state templates\waworksheet.dtf p:\fsdata\gaintner, jennifurtgaintner, jennifur.scp 10/27/2014 12:32 pm

E-FILED
IN COUNTY CLERK
PIERCE COUNTY, W
October 30 2014

KEVIN STO
COUNTY CL

NO: 14-3-03'

3
4
5
6
7

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR THE COUNTY OF PIERCE

8
In re: Marriage of:
9
NO. 14-3-03909-2

BRIAN GAINTNER,
10
Petitioner,
11

DECLARATION OF BRIAN GAINTNER


IN STRICT REPLY

and
12

JENNIFUR GAINTNER,
13
Respondent
14
15

I, Brian Gaintner, do hereby declare under penalty of perjury and in accordance with the

16

laws of the State of Washington in strict reply to the Declaration of Jennifur Gaintner as follows:

17

Parenting Plan. I believe that Jennifur and I are in agreement on a Temporary Parenting

18
19

Plan as I proposed. As stated in my initial declaration, I had quite a bit of time with Sebastian
when we first separated in July, 2013 until November, 2013 due to Jennifur working nights and

20
weekends. This may be the time that she is inferring to whereas I was not able to be home every
21
22

Saturday or as consistently on weeknights and did have the assistance of third parties when

23

necessary. Once Jennifur became unemployed in November, 2013, my time with Sebastian

24

became extremely limited and she would dictate the minimal amount of time I could spend with

25

my son. I miss the quality and quantity of time with my son and believe that this proposed

26

parenting plan is in his best interests.


DECLARATION OF BRIAN GAINTNER - 1

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

1
2
3

In addition, this is the first I have heard of reconciliation with Jennifur and have not
discussed such with our son. I do not want to reconcile. What I did want was not to have to hire
attorneys, spend money that we do not have and work together to come to an amicable and fair

4
resolution between the two of us. This may be the reconciliation she is referring to.
5
6

Spousal Maintenance/Child Support. Jennifur worked for Lowes for a period of

thirteen years and at Target for six. While employed at Lowes she worked in a managerial type

position, not just retail, which allowed her to historically make $40,000 per year. Upon

termination from Lowes in November, 2013, Jennifur began collecting unemployment which she

10
11

states she believes ran out in June of this year. Jennifur has not provided any pavstubs under
seal to this effect. She provides exhibits showing that she has applied for secretarial positions

12
with the school district (May and July) and the City of Lakewood (August) and that she has
13
14

tons more applications for employment. It is my understanding that to receive unemployment

15

compensation you must apply for a minimum of three jobs per week - whether you are skilled in

16

that position or not. I am sure that she followed these requirements and would have such

17

applications. However, she applied for secretarial and administrative assistant positions in which

18

she has no training or background. This month she has applied for three different positions, all

19
submitted after the filing of this dissolution action. Only one is in retail in which she has an
20

21

abundance of experience. Jennifur states that she does not want to work in retail but the real issue

22

is that she is not motivated to work at all. I had mentioned to her months ago the opportunity to

23

work at a new retail store - Bass Pro Shop - opening in South Tacoma. She did not want to

24

discuss it. Now she mentions that she would like to go to college because it may afford her

25

better opportunities. This is the first I have heard of her wanting to go to school over the course

26

of our marriage. She doesnt state what she would like to go to school for, whether she is
DECLARATION OF BRIAN GAINTNER - 2

Law offlce of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

interested in a degree or a training school, the cost and timing of such or even what her ultimate

career may be. She has had almost a year to pursue such course of action and it has not

happened. I believe that Jennifur is simply not motivated to work, but if she wants to pursue a

4
degree and follows through, I think that is a positive move for her.
5
6

I have been financially supporting Jennifur since we separated in July, 2013. I have paid

all of her bills including the mortgage, utilities, insurance, and our bankruptcy payment which

covers our community credit card and the 2007 vehicle that Jennifur drives. Although Jennifur

worked from July through November, 2013,1 still paid for all of these items and continued to do

10
11

so until I told her that I would not be able to cover some of her debt any longer. I did tell her that
I was going to stop paying the internet bill, Direct TV and the garbage but that I would continue

12
13
14

paying everything else through the end of October, 2014.


With regard to contacting our bankruptcy attorney, I only did so to see what the

15

consequences would be if I ceased the $830.00 monthly payment to the trustee. This payment

16

covers Jennifurs vehicle and our credit card debt. I was advised that should I stop payments that

17

everything dismissed in bankruptcy would return and be owing by the community and that, more

18

than likely, Jennifurs vehicle would be repossessed. It was only an inquiry to see if I would be

19
able to free up that large monthly payment and be able to pay our current bills or maintenance.
20
21
22

Knowing that our efforts in bankruptcy would all be for naught, I have continued to make this
community monthly payment. Jennifur has never contributed towards this community debt.

23

Jennifurs analysis of my Income is Simply Inaccurate. Jennifur includes a snippet of

24

my 2013 business tax return showing gross receipts and a gross profit of $229,305. In reviewing

25

the entire tax return, filed under seal, the Court will see that after paying expenses, wages (of

26

which two of our sons are on the payroll) and taxes/licensing, the net income from my business
DECLARATION OF BRIAN GAINTNER - 3

Law 0fflce of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

in 2013 was $35,775.00, not the exemplified amount claimed by Jennifur. In 2012, my annual

salary was $42,200 and in 2013 it was $79,377.00. Initially, I had projected my 2014 earnings as

shown by the payroll journal attached under seal. I had taken my year-to-date through August of

4
$34,000 added an additional $32,000 from possible draws through end of the year as well as an
5
6

average business income for a total of $108,800. This was most definitely a high estimate of my

projected income. Jennifur falsely states that my $110,000 averaged figure for child support

calculations was based on my 2012 Tax Return which is completely incorrect. Again, I am self

employed and all of my business comes from bids on electrical work and jobs actually obtained.

10

In all actuality, my income this year will be closer to $72,000 annually.

11
M a e H ess, A ccou n tan t, filed, h erew ith .

S ee D e c la ra tio n o f A n n a

I asked our accountant to provide this declaration with

12
her accounting of the last two years income as well as current income once I received Jennifurs
13
14

declaration and worksheets. It is completely unclear to me how Jennifur calculated my income

15

at $12,000 per month, or $144,000 per year. I have never made that much. I am providing the

16

Court with amended worksheets based on my actual income this year and imputing to Jennifur at

17

her historical rate of pay for a transfer payment of $781.80.

18
19

What Jennifur fails to point out to the Court is that I am still paying for her vehicle
insurance, health insurance and a $19,000 community bankruptcy debt on my own with no

20
21

22

contribution from her. She wants me to continue paying these items while asking for an
equalization of income in an undifferentiated amount of $4,500 per month. This request is not

23

attainable as the money simply is not there. Based on Jennifurs own financial declaration, with

24

her Morc-historical earning of $13/hour, she has a need for $900 per month. Even in her financial

25

declaration, she still has me paying her vehicle insurance, health insurance and the community

26

DECLARATION OF BRIAN GAINTNER - 4

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

bankruptcy debt. She has taken no ownership for any of these community debts although she

benefits from all.

Also, Jennifur did not address in her declaration the possibility of allowing the family

4
home to go into foreclosure which would free an additional $1,200 per month for her. The house
5
6
7
8
9
10
11

is underwater and a foreclosure would not negatively affect our credit (any more adversely
than the bankruptcy has).
Conclusion. I have supported Jennifur financially for fifteen (15) months with the last
eleven months of her being unemployed and not pursuing any active employment. I simply
cannot do so anymore. I respectfully request that the Court adopt my proposed temporary
parenting plan (reviewable upon Jennifurs employment), my child support calculations using

12

her historical income and my actual income with a transfer payment of $781.80, and a division of
13
14
15

assets/liabilities for temporary purposes only. In addition, I respectfully request that Jennifurs
request for spousal maintenance be denied.

16
17
18
19
20

21
22
23
24
25
26

DECLARATION OF BRIAN GAINTNER - 5

Law Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, WA 98402
253-627-1762

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 30 2014 10:45 AM
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

Washington State Child Support Schedule Worksheets


[ ] Proposed by [ ]
[ ] State of WA [ ] Other
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)

Mother Jennifur Gaintner


County PIERCE

(CSWP)

Father Brian Gaintner


Case No.

Child(ren) and Age(s): Sebastian Gaintner, 12


Part I: Income (see Instructions, page 6)
1. Gross Monthly Income
a. Wages and Salaries
b. Interest and Dividend Income
c. Business Income
d. Maintenance Received
e. Other Income
f. Imputed Income
g.Total Gross Monthly Income (add lines 1a through 1f)
2. Monthly Deductions from Gross Income
a. Income Taxes (Federal and State) Tax Year: 2014
b.FICA (Soc.Sec.+Medicare)/Self-Employment Taxes
c. State industrial insurance Deductions
d. Mandatory Union/Professional Dues
e. Mandatory Pension Plan Payments
f. Voluntary Retirement Contributions
g. Maintenance Paid
h. Normal Business Expenses
i. Total Deductions from Gross Income
(add lines 2a through 2h)
3. Monthly Net Income (line 1g minus 2i)
4. Combined Monthly Net Income
(line 3 amounts combined)
5. Basic Child Support Obligation (Combined amounts -*)
Sebastian Gaintner
$1290.00

Father
$6,002.70

Mother
$3,333.30

$6,002.70

$3,333.30

$943.95
$459.21

$202.65
$254.99

$1,403.16
$457.64
$4,599.54
$2,875.66
$7,475.20

$1,290.00

6. Proportional Share of Income


(each parent's net income from line 3 divided by line 4)
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 1 o f 5

.615

.385

Part II: Basic Child Support Obligation (see Instructions, page 7)


7. Each Parent's Basic Child Support Obligation without consideration
of low income limitations (Each parent's Line 6 times Line 5.)
8. Calculating low income limitations: Fill in only those that apply.
Self-Support Reserve: (125% of the Federal Poverty Guideline.)
a. Is combined Net Income Less Than $1,000? If yes. for each
parent enter the presumptive $50 per child.
b. Is Monthly Net Income Less Than Self-Support Reserve? If yes.
for that parent enter the presumptive $50 per child.
c. Is Monthly Net Income equal to or more than Self-Support
Reserve? If yes. for each parent subtract the self-support
reserve from line 3. If that amount is less than line 7, enter that
amount or the presumptive $50 per child, whichever is greater.
9. Each parent's basic child support obligation after calculating
applicable limitations. For each parent, enter the lowest amount
from line 7, 8a - 8c, but not less than the presumptive $50 per
child.

$793.35

$496.65

I $1,216.00

$793.35

$496.65

Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8)
19. Health Care Expenses
a. Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10b)
d. Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d.Other Special Expenses (describe)

Father
$30.00

Mother

$30.00
$30.00
-

e. Total Day Care and Special Expenses


(Add lines 11a through 11d)
12. Combined Monthly Total Day Care and Special Expenses
(line 11 e amounts Combined)
13. Total Health Care, Day Care, and Special Expenses (line 10d
plus line 12)
14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)

$30.00
$18.45

$11.55

Part IV: Gross Child Support Obligation


15. Gross Child Support Obligation (line 9 plus line 14)

$811.80 |

$508.20

Part V: Child Support Credits (see Instructions, page 9)


16. Child Support Credits
a. Monthly Health Care Expenses Credit
b.Day Care and Special Expenses Credit
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 2 o f 5

$30.00
-

c. Other Ordinary Expenses Credit (describe)


d.Total Support Credits (add lines 16a through 16c)

$30.00

Part VI: Standard Calculation/Presumptive Transfer Payment (see Instructions, page 9)


17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is greater)

$781.80

$508.20

$2,069.79

$1,294.05

$198.34

$124.16

Part VII: Additional Informational Calculations


18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)

Part VIII: Additional Factors for Consideration (see Instructions, page 9)


20, Household Assets
(List the estimated value of all major household assets.)
a. Real Estate
b. Investments
c. Vehicles and Boats
d. Bank Accounts and Cash
e. Retirement Accounts
f. Other: (describe)

21. Household Debt


(List liens against household assets, extraordinary debt.)
a.
b.
c.
d.
e.
f.
22. Other Household Income
a. Income Of Current Spouse or Domestic Partner
(if not the other parent of this action)
Name
Name
b. Income Of Other Adults in Household
Name Kristian - son ($11/hour)
Name
c. Gross Income from overtime or from second jobs the party
is asking the court to exclude per Instructions, page 8

d. Income Of Child(ren) (if considered extraordinary)


Name
Name
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 3 o f 5

Father's
Household

Mother's
Household

e. Income From Child Support


Name
Name

f. Income From Assistance Programs


Program
Program

g. Other Income (describe)


-

23. Non-Recurring Income (describe)

24. Child Support Owed, Monthly, for Biological or Legal Child(ren)

Father's
Household

Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ j No
Name/age:
Paid [ ] Yes f ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))

Mother's
Household
-

25.
Other Factors For Consideration
Father's income based on 2014 estimated income; Taxes: Married/1
Mother's income based on historical earnings of $40,000/annually; Taxes: Married/2

WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 4 o f 5

Other Factors For Consideration (continued) (attach additional p a g e s a s necessary)

Signature and Dates_________________________________________________


I declare, under penalty of perjury under the laws of the State of Washington, the information
contained in these Worksheets is complete, true, and correct.

Mother's Signature

Date

Judicial/Reviewing Officer

Father's Signature

City

Date

City

Date

Worksheet certified by the State of Washington Administrative Office of the Courts.


Photocopying of the worksheet is permitted.
W S C S S -W o rksh eets - M a n d a to ry (C SW /C SW P) 07/2013 P ag e 5 o f 5
SupportCa/c 2014
c:..\state templates\waworksheet.dtf p:\familysoft\client list\gaintner\gaintner.scp 10/29/2014 01:56 pm

WORKSHEET SYNOPSIS
FATHER
$4,599.54
.615

MOTHER
$2,875.66
.385

5. Basic Support Obligation with Income Limitations


6. Obligation for Health Care, Day Care, and Special Exp.

$793.35
$18.45

$496.65
$11.55

7.

$811.80

$508.20

1. Monthly Net Income Tax Year: 2014


2. Proportional Share of Income
3. Basic Support:
Sebastian Gaintner $1290.00

4.

TOTAL

$1,290.00

TOTAL OBLIGATION

8. CREDIT for Medical


9. CREDIT for Day Care and Special Exp.
10. CREDIT for Ordinary Expenses

$30.00

11.

$30.00

$781.80

12.

TOTAL CREDITS
Father Pays Mother

Calculated Using Self Support Reserve: 2014

File Name: Gaintner.SCP


Page was printed on 10/29/2014 at 01:56 PM

SupportCa/c2014

COMBINED
$7,475.20

$30.00

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 30 2014 10:45 AM
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

Washington State Child Support Schedule Worksheets


[ ] Proposed by [ ]
[ ] State of WA [ ] Other
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)

Mother Jennifur Gaintner


County PIERCE

(CSWP)

Father Brian Gaintner


Case No.

Child(ren) and Age(s): Sebastian Gaintner, 12


Part I: Income (see Instructions, page 6)
1. Gross Monthly Income
a. Wages and Salaries
b. Interest and Dividend Income
c. Business Income
d. Maintenance Received
e.Other Income
f. Imputed Income
g.Total Gross Monthly Income (add lines 1a through 1f)
2. Monthly Deductions from Gross Income
a. Income Taxes (Federal and State) Tax Year: 2014
b. FICA (Soc.Sec.+Medicare)/Self-Employment Taxes
c.State Industrial Insurance Deductions
d. Mandatory Union/Professional Dues
e. Mandatory Pension Plan Payments
f. Voluntary Retirement Contributions
g. Maintenance Paid
h. Normal Business Expenses
i. Total Deductions from Gross Income
(add lines 2a through 2h)
3. Monthly Net Income (line 1g minus 2i)
4. Combined Monthly Net Income
(line 3 amounts combined)
5. Basic Child Support Obligation (Combined amounts -)
Sebastian Gaintner
$1157.00

Father
$6,002.70

Mother
$2,253.30

$6,002.70

$2,253.30

$943.95
$459.21

$40.65
$172.37

$213.02
$1,403.16
$4,599.54
$2,040.28
$6,639.82

$1,157.00

6. Proportional Share of Income


(each parent's net income from line 3 divided by line 4)
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 1 o f 5

.693

.307

Part II: Basic Child Support Obligation (see Instructions, page 7)


7. Each Parent's Basic Child Support Obligation without consideration
of low income limitations (Each parent's Line 6 times Line 5.)
8, Calculating low income limitations: Fill in only those that apply.
Self-Support Reserve: (125% of the Federal Poverty Guideline.)
a. Is combined Net Income Less Than $1,000? If ves. for each
parent enter the presumptive $50 per child.
b. Is Monthly Net Income Less Than Self-SuDDort Reserve? If ves.
for that parent enter the presumptive $50 per child.
c. Is Monthly Net Income eaual to or more than Self-SuDDort
Reserve? If yes. for each parent subtract the self-support
reserve from line 3. If that amount is less than line 7, enter that
amount or the presumptive $50 per child, whichever is greater.
9. Each parent's basic child support obligation after calculating
applicable limitations. For each parent, enter the lowest amount
from line 7, 8a - 8c, but not less than the presumptive $50 per
child.

$801.80

$355.20

I $1,216.00

$801.80

$355.20

Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8)
Father
$30.00

10. Health Care Expenses


a. Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10b)
d. Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d.Other Special Expenses (describe)

Mother

$30.00
$30.00

e.Total Day Care and Special Expenses


(Add lines 11a through 11 d)
12. Combined Monthly Total Day Care and Special Expenses
(line 11e amounts Combined^
13. Total Health Care, Day Care, and Special Expenses (line 10d
plus line 12)
14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)

$30.00
$20.79

$9.21

Part IV: Gross Child Support Obligation


15. Gross Child Support Obligation (line 9 plus line 14)

$822.59 I

$364.41

Part V: Child Support Credits (see Instructions, page 9)


16. Child Support Credits
a. Monthly Health Care Expenses Credit
b. Day Care and Special Expenses Credit
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 2 o f 5

$30.00
-

c. Other Ordinary Expenses Credit (describe)


d.Total Support Credits (add lines 16a through 16c)

$30.00

Part VI: Standard Calculation/Presumptive Transfer Payment (see Instructions, page 9)


17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is greater)

$792.59

$364.41

$2,069.79

$918.13

$200.45

$88.80

Part VII: Additional Informational Calculations


18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)

Part VIII: Additional Factors for Consideration (see Instructions, page 9)


20. Household Assets
(List the estimated value of all major household assets.)
a. Real Estate
b. Investments
c. Vehicles and Boats
d.Bank Accounts and Cash
e. Retirement Accounts
f. Other: (describe)

21. Household Debt


(List liens against household assets, extraordinary debt.)
a.
b.
c.
d.
e.
f.
22. Other Household Income
a. Income Of Current Spouse or Domestic Partner
(if not the other parent of this action)
Name
Name
b. Income Of Other Adults in Household
Name Kristian - son ($11/hour)
Name
c. Gross Income from overtime or from second jobs the party
is asking the court to exclude per Instructions, page 8

d. Income Of Child(ren) (if considered extraordinary)


Name
Name
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 3 o f 5

Father's
Household
-

Mother's
Household
-

e. Income From Child Support


Name
Name
f. Income From Assistance Programs
Program
Program

g. Other Income (describe)

23. Non-Recurring Income (describe)

24. Child Support Owed, Monthly, for Biological or Legal Child(ren)

Father's
Flousehold

Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid f l Yes f l No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Flousehold
(First name(s) and age(s))

26.
Other Factors For Consideration
Father's income based on 2014 estimated income; Taxes: Married/1
Mother's income imputed at $13/hour, 40 hour work week; Taxes: Married/2

WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 4 o f 5

Mother's
Flousehold
-

Other Factors For Consideration (continued) (attach additional p a g e s a s necessary)

Signature and Dates_________________________________________________________


I declare, under penalty of perjury under the laws of the State of Washington, the information
contained in these Worksheets is complete, true, and correct.

Mother's Signature

Date

Judicial/Reviewing Officer

Father's Signature

City

Date

City

Date

Worksheet certified by the State of Washington Administrative Office of the Courts.


Photocopying of the worksheet is permitted.
W S C S S -W orksheets - M a n d a to ry (C S W /C S W P ) 07/2013 P ag e 5 o f 5
SupportCa/c 2014
c:..\state templates\waworksheet.dtf p:\familysoft\client list\gaintner\gaintner.scp 10/29/2014 01:57 pm

WORKSHEET SYNOPSIS
FATHER
$4,599.54
.693

MOTHER
$2,040.28
.307

6. Obligation for Health Care, Day Care, and Special Exp.

$801.80
$20.79

$355.20
$9.21

7.

$822.59

$364.41

1. Monthly Net Income Tax Year: 2014


2. Proportional Share of Income
3. Basic Support:
Sebastian Gaintner $1157.00

4.

TOTAL

$1,157.00

5. Basic Support Obligation with Income Limitations

TOTAL OBLIGATION

8. CREDIT for Medical


9. CREDIT for Day Care and Special Exp.
10. CREDIT for Ordinary Expenses

$30.00

11.

$30.00

12.

TOTAL CREDITS
Father Pays Mother

Calculated Using Self Support Reserve: 2014

File Name: Gaintner.SCP


Page was printed on 10/29/2014 at 01:57 PM

SupportCa/c2014

COMBINED
$6,639.82

$792.59

$30.00

d d ___c p i
J> & nrne
l\j

!f(

For Petitioner
RE:

For Respondent

j W Q g^ -n<vaACLa.t

g g -g T c^ K T S

e rfri-a re j

O o A it-r

C lC ,lg 9 __ 3 m p p ^ < T ----

c^te> *o^(

% > Jk-

a ffta < g & _______


a f f r f la rayr r~

^frtXTVji
A . __________

< ?c\

r e c o r d j j y r __ cIxvr^C iA sriuar^_<^T_uL

cl - cg-vA^g^i)
November 3, 2014 9:00 AM

Motion - Temporary Order


MARY E. DiCKE

I c i'& o
Clerk: ^ f s = >
Courtroom number: 117
Calendar:C2 - SHOW CAUSE/FAMILY LAW
Run date/time 11/03/14 7:59

Ixcrtrpt.pbl dJournal_entry_showcause_report

Superior Court of Washington


County PIERCE
In re the Marriage of:

No. 14-3-03909-2

BRIAN GAINTNER

Parenting Plan
Temporary (TPP)
Petitioner,

and
JENNIFUR GAINTNER
Respondent.

This parenting plan is a temporary parenting plan entered by the Court.

It Is Ordered, Adjudged and Decreed:


I. General Information
This parenting plan applies to the following child:
Name

Age

Sebastian Gaintner

12

Parenting Plan (PPP, PPT, PP) Page 1 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181; .187; .194

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1
2
3
4

II. Basis for Restrictions

Under certain circumstances, as outlined below, the court may limit or prohibit a parents
contact with the child and the right to make decisions for the child.

2.1

t
1
8

Parental Conduct (RCW 26.09.191(1), (2))


Does not apply.

2.2

Other Factors (RCW 26.09.191(3))


Does not apply.

i9

10

III. Residential Schedule

11
12
13
14
15
16

The residential schedule must set forth where the child shall reside each day of the year,
including provisions for holidays, birthdays offamily members, vacations, and other special
occasions, and what contact the child shall have with each parent. Parents are encouraged to
create a residential schedule that meets the developmental needs o f the child and individual
needs o f their family. Paragraphs 3.1 through 3.9 are one way to write your residential
schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3.13.
3.1

There are no children under school age.

17
18
19
20

21
22

Schedule for Children Under School Age

3.2

School Schedule
Upon enrollment in school, the child shall reside with the respondent, except for the
following days and times when the child will reside with or be with the other parent:
From Friday, 6:00 p.m. to Sunday, 7:00 p.m. every other week
Every Wednesday from 5:30 p.m. to 8:30 p.m.

23
24
25

Parenting Plan (PPP, PPT, PP) Page 2 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181 187; . 194

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Tacoma, WA 98402
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FamilySoft FormPAK 2014

SM1
Iff

3.3

'J 2

The child shall reside with the respondent during winter vacation, except for the
following days and times when the child will reside with or be with the other parent:

0
3

Father shall have the first portion of winter vacation in odd years and the second portion
of winter vacation in even years. The first portion commences at 6:00 p.m. the day
school lets out until 10:00 a.m. on Christmas Day. The second portion commences at
10:00 a.m. on Christmas Day until the evening prior to school commencing at 7:00 p.m.

4
5

if 6
!fi

Schedule for Winter Vacation

3.4

Schedule for Other School Breaks

>7

*0

The child shall reside with the respondent during other school breaks, except for the
following days and times when the child will reside with or be with the other parent:

8
9

The parties to share the spring vacation equally with a Wednesday evening exchange at
6:30 p.m. The Monday/Tuesday and Thursday/Friday shall coordinate with that parent's
residential weekend.

10

11
3.5

ii i

M2
H
-13

Upon completion of the school year, the child shall reside with the respondent, except for
the following days and times when the child will reside with or be with the other parent:

14
15
16

Summer Schedule

Same as school year schedule.


3.6

Vacation With Parents


The schedule for vacation with parents is as follows:

17
18
19

Each party may take up to two weeks vacation with the child either consecutively or
inconsecutively. The parties to provide each other with their respective vacation plans no
later than May 1st of each year. Should there be a conflict in schedules, then Father shall
have priority in odd years and Mother shall have priority in even years.

20

21
22
23
24
25

Parenting Plan (PPP, PPT, PP) Page 3 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.18 1 187;. 194

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4041 Ruston Way, Suite 200
Tacoma, WA 98402
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FamilySoft FormPAK 2014

;1

i;

12

3.7

Schedule for Holidays


The residential schedule for the child for the holidays listed below is as follows:

3
4

With Father
(Specify Year
Odd/Even/Every)

With Mother
(Specify Year
Odd/Even/Every)

Odd
Even
Odd
Even
Odd
Even
Odd
Even
Odd
Even

Even
Odd.
Even
Odd
Even
Odd
Even
Odd
Even
Odd

-(>
Y7
8

,j9

:io
'Ml
U
12

'13
14
15
16

New Year's Day


Martin Luther King Day
Presidents' Day
Memorial Day
July 4th
Labor Day
Veterans' Day
^Thanksgiving Day
Christmas Eve
Christmas Day

For purposes of this parenting plan, a holiday shall begin and end as follows (set forth
times):
New Year's Day includes New Years Eve commencing at 6:30 p.m. until 7:00 p.m. on
the holiday.
July 4th is an overnight holiday commencing at 10:00 a.m. on the 4th until 10:00 a.m. on
the 5th.

17

Thanksgiving holiday commences Wednesday evening at 6:30 p.m. until Sunday evening
at 7:00 p.m.

18

Christmas Eve/Christmas Day - See Paragraph 3.3 regarding Winter Vacation.

19

Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.

20
21
22
23
24
25

Parenting Plan (PPP, PPT, PP) Page 4 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.18 1;. 187;. 194

Law Office of
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Tacoma, WA 98402
(253) 627-1762

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Ifi

3.8

Schedule for Special Occasions


The residential schedule for the child for the following special occasions (for example,
birthdays) is as follows:

With Father
(Specify Year
Odd/Even/Every)

4
5

Mother's Day
Father's Day
Sebastian's Birthday

i6

ai

?7
K'i

Every
Every
Odd

Even

Special occasions are from 10:00 a.m. until 7:00 p.m.

.9

Should Sebastians birthday fall on a weekday, then visitation shall be from 5:30 p.m.
until 8:30 p.m.

rjlO
*1
11

With Mother
(Specify Year
Odd/Even/Every)

3.9

Priorities Under the Residential Schedule

ID
Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, in the following order:

12

^13

Rank the order of priority, with 1 being given the highest priority:

14

3 winter vacation (3.3)


4 school breaks (3.4)
1 holidays (3.7)
2 special occasions (3.8)
5 vacation with parents (3.6)

15
16
17

3.10

Restrictions

18

Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.
19
20

21

3.11

Transportation Arrangements

22

Transportation costs are included in the Child Support Worksheets and/or the Order of
Child Support and should not be included here.

23

Transportation arrangements for the child between parents shall be as follows:

24

The receiving parent to pick up child.

25

Parenting Plan (PPP, PPT, PP) Page 5 of 10


WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181187; . 194

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FamilySoft FormPAK 2014

Vi
ii

3.12

"2
.Ji

Designation of Custodian
The child named in this parenting plan is scheduled to reside the majority of the time with
the respondent. This parent is designated the custodian of the child solely for purposes of
all other state and federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's rights and responsibilities under
this parenting plan.

3
4
5

3.13

Other

(6

C\
hV'-

Does not apply.


3.14

Summary of RCW 26.09.430 - .480, Regarding Relocation of a Child

,9

This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.

*4

;10
M

If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.

11
12

"13
14
15
16

If the move is outside the childs school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60 days
before the intended move, if the relocating person could not have known about the move
in time to give 60 days notice, that person must give notice within 5 days after learning of
the move. The notice must containthe information required in RCW 26.09.440. See also
form DRPSCU 07.0500, (Notice of Intended Relocation of A Child).
If the move is within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.

17
18

Notice may be delayed for 21 days if the relocating person is entering a domestic violence
shelter or is moving to avoid a clear, immediate and unreasonable risk to health and
safety.

19

20

21

If information is protected under a court order or the address confidentiality program, it


may be withheld from the notice.

22

A relocating person may ask the court to waive any notice requirements that may put the
health and safety of a person or a child at risk.

23

Failure to give the required notice may be grounds for sanctions, including contempt.

24

If no objection is filed within 30 days after service of the notice of intended


relocation, the relocation will be permitted and the proposed revised residential

25

P a r e n t i n g P la n ( P P P , P P T , P P ) P a g e 6 o f 10

11

W P F D R 0 . 0 4 0 0 M a n d a t o r y ( 6 / 2 0 0 8 ) - R C W 2 6 . 0 9 . 8 ; . 1 8 7 ; . 194

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*1

schedule may be confirmed.

:2

A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.

li'i
j

An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.

4
5
ir6

tfi

The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.

l?7

Kj

If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.

-9

CIO

IV. Decision Making

11
(fi

'12

4.1

13

Each parent shall make decisions regarding the day-to-day care and control of each child
while the child is residing with that parent. Regardless of the allocation of decision
making in this parenting plan, either parent may make emergency decisions affecting the
health or safety of the child.

14
15
16

Day-to-Day Decisions

4.2

Major Decisions

17

Major decisions regarding each child shall be made as follows:

18

Education decisions:

joint

19

Non-emergency health care:

joint

20

Religious upbringing:

joint

Drivers License:

joint

Extracurricular Activities:

joint

21
22
23
24
25

Parenting Plan (PPP, PPT, PP) Page 7 of 10


WPF DR 0 1.0400 Mandatory (6/2008) - RCW 26.09.181 187; . 194

Law Office of
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Family So ft FormPAK 2014

M
C!
~z2

4.3

Restrictions in Decision Making


Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above.

V. Dispute Resolution

4
5

C6
fi
*7
'iTf

The purpose o f this dispute resolution process is to resolve disagreements about carrying out this
parenting plan. This dispute resolution process may, and under some local court rules or the
provisions o f this plan must, be used before filing a petition to modify the plan or a motion for
contempt for failing to follow the plan.
Does not apply as this is a Temporary Parenting Plan.

d9
"10

VI. Other Provisions


There are the following other provisions:

11

fi
M2

A. The child shall have reasonable telephone privileges with the parent with whom the child is
not then residing, without interference from the residential parent.

M3
14
15
16
17

B. Each parent agrees to exert every reasonable effort to maintain free access and unhampered
contact and communication between the child and the other parent, and to promote emotions of
affection, love and respect between the child and the other parent. Each parent agrees to refrain
from words or conduct which would have a tendency to estrange the chid from the other parent,
to damage the opinion of the child as to the other parent,or which would impair the natural
development of the childs love and respect for the other parent. Each parent agrees and
understands that words or conduct which have a tendency to estrange or diminish the opinion of
the child from the other parent, also tends to diminish the child's self-esteem and self-worth.

18
19
20

21
22
23
24
25

C. Each parent agrees to honor the other's parenting style, privacy and authority, so long as it is
not adverse to the child's best interest. Neither parent shall interfere in the parenting style of the
other, nor shall either parent make plans or arrangements that would impinge upon the other
parent's authority or time with the child without the express agreement of the other. Each parent
shall encourage the children to discuss his or her grievance against the parent directly with the
parent in question. It is the intent of both parents to encourage direct parent-child
communication and bonding.
D. Each parent shall have equal authority to confer with school, daycare, health and other
program personnel regarding the child's progress, and each parent shall have full and equal access
to the education and healthcare records of the child.
Parenting Plan (PPP, PPT, PP) Page 8 of 10
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181 187; . 194

Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

FamilySoft FormPAK 2014

* 1

If!

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E. Each parent shall inform the other when that parent plans to be away from his or her residence
with the child for more than two consecutive nights. The information to be provided shall
include duration of the period, the destination(s) and destination telephone number(s). This
provision is included solely for the purpose of knowing the parent's and child's location in the
event of an emergency and is not meant to be intrusive.
F. Neither parent shall advise the child of the status of child support payments or other legal
matters regarding the parental relationship and obligation.
G. Neither parent shall use the children, directly or indirectly, to gather information about the
other parent or take verbal messages to the other parent.
H. Each parent shall have the right and responsibility to insure that the children attend school or
other scheduled activities while in that parent's care. Activities shall not be scheduled to
unreasonably interfere with the other parents residential time with the child.
I. Each parent shall provide the other parent with the address and telephone number of their
residence and update such information promptly whenever it is anticipated to change or changes.
"Reasonableness is defined at least 30 days in advance of a scheduled move, or within 72 hours
of an unscheduled move.

12

H
i3

14
15

16

J. Neither parent shall ask the child to make decisions or requests involving the residential
schedule with the children except for plans which have already been agreed to by both parents in
advance.
K. Neither parent shall encourage the child to change his or her primary residence or encourage
the child to believe that it is his or her choice to do so. It is a choice which will be made by the
parents, or if they cannot agree, the courts.

17

VII. Declaration for Proposed Parenting Plan

18
19

Does not apply.

20

21
22
23
24
25

VIII. Order by the Court


It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and
approved as an order of this court.
WARNING: Violation of residential provisions of this order with actual knowledge of its terms
is punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
9A.40.070(2). Violation of this order may subject a violator to arrest.
Parenting Plan (PPP, PPT, PP) Page 9 of 10
WPF DR 01.0400 Mandatory (6/2008) - RCW 2 6 .0 9 .1 8 1 1 8 7 ;. 194

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:2
3'

When mutual decision making is designated but cannot be achieved, the parties shall make a
good faith effort to resolve the issue through the dispute resolution process.
If a parent fails to comply with a provision of this plan, the other parent's obligations under the
plan are not affected.

4
5

Dated:

V\ t

\
Judge/Commissioner

<6

7
Appr
8

MARY E DICKE
COURT COMMISSIONER

to Form:

]9
Jasgfi P. Benjamin, WSBA #25133
Attorney for Respondent

;io
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12

13
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17
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Parenting Plan (PPP, PPT, PP) Page 10 of 10


WPF DR 01.0400 Mandatory (6/2008)-RCW 26.09.181; .187; .194

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Tacoma, WA 98402
(253) 627-1762

FamilySoft FormPAK 2014

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Superior Court of Washington


County of PIERCE
No. 14-3-03909-2

In re the Marriage of:


j

Order of Child Support

BRIAN GAINTNER
Temporary (TMORS)

12

-i

'13
14

15

Petitioner,

Clerk's Action Required

and
JENNIFUR GAINTNER
Respondent.

16

I. Judgment Summary

17
18

1.1

19
20

Judgment Summary for Non-Medical Expenses


Does not apply.

1.2

Judgment Summary for Medical Support

21

Does not apply.


22

23
24
25

II. Basis
2.1

Type of Proceeding
This order is entered under a petition for dissolution of marriage or domestic partnership,
legal separation, or declaration concerning validity:

Order of Child Support (TMORS, ORS) - Page 1 of 11


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

~i
hearing for temporary child support.

~2
3

2.2

The child support worksheet which has been approved by the court is attached to this
order and is incorporated by reference or has been initialed and filed separately and is
incorporated by reference.

4
5

*6
O
'/I

Child Support Worksheet

2.3

Other
Does not apply.

III. Findings and Order

j9
~10
11

C\
12

It Is O rdered :

3.1

13
14
15
16

3.2

Child(ren) for Whom Support is Required


Name (first/last)

Age

Sebastian Gaintner

12

Person Paying Support (Obligor)


Name (first/last):
Birth date:
Service Address:

Brian Gaintner
03/26/1969

17
18
19
20
21
22

23
24

The o bligor p a r e n t m u st im m ediately f il e with th e cou rt a n d the W ashington S ta te


C h ild S u p p o rt R eg istry , a n d update as necessary, the C o n fiden tial In form ation F orm
req u ired by R C W 26.23.050.
The o bligor p a r e n t sh a ll update th e in form ation req u ired by p a ra g ra p h 3.2 p ro m p tly
after an y ch a n g e in th e in form ation . The du ty to update th e in form ation con tin u es as
lon g as an y m o n th ly su p p o rt rem ain s due or any u n paid su p p o rt debt rem ain s due
under th is order.

For purposes of this Order of Child Support, the support obligation is based upon the
following income:
QL 0 ^ '
A.
Actual Monthly Net Income: $ 1^99.44:

25

Order of Child Support (TMORS, ORS) - Page 2 of 11


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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L aw

4041 Ruston Way, Suite 200


Tacoma, WA 98402
(253) 627-1762

II
i
"2
)
3

3.3

Person Receiving Support (Obligee)


Name (first/last):
Birth date:
Service Address:

4
5

Jennifur Gaintner
10/31/1971

7601 - 76th Avenue SW


Lakewood, WA 98498

t
7
j

The obligee m u st im m ed ia tely f il e with th e cou rt a n d th e W ashington S ta te C h ild


S u p p o rt R eg istry a n d update as n ecessary th e C o n fiden tial In fo rm a tio n F orm requ ired
by R C W 26.23.050.

9
I

The obligee sh a ll update th e in form ation requ ired by pa ra g ra p h 3.2 p ro m p tly after any
ch an ge in th e inform ation. The du ty to update th e in form ation con tin u es as lo n g as
any m on th ly su p p o rt rem ain s due or any u n paid su p p o rt debt rem ain s du e u n der this
order.

40
i

n
i
12
t

For purposes of this Order of Child Support, the support obligation is based upon the
following income:

13
14

C.

The net income of the obligee is imputed at $2875.66 because:

15

the obligee is voluntarily unemployed.

16

The amount of imputed income is based on the following information in order of


priority. The court has used the first option for which there is information:

17

refiaWe-hisioncalTale of pay information.

18
19

22

23
24

Vj ^ jU

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The obligor may be able to seek reimbursement for day care or special child rearing
expenses not actually incurred. RCW 26.19.080.

20
21

& n / h r ffi HO

3.4

Service of Process
S ervice o f p ro c e ss on th e o bligor a t the address requ ired by p a ra g ra p h 3.2 o r any
u pdated address, or on th e obligee at the address req u ired by p a ra g ra p h 3.3 or any
u pdated address, m ay be a llo w ed or a ccepted as adequ ate in an y p ro ceed in g to
establish, en force o r m odify a ch ild su p p o rt order betw een th e p a rtie s by delivery o f
written n otice to th e o b lig o r or obligee at the la st address provided.

25

Order of Child Support (TMORS, ORS) - Page 3 of 11


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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Law Office of
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Tacoma, WA 98402
(253) 627-1762

'1/
z2

3.5

The obligor parent shall pay the following amounts per month for the following child:

Name

Amount

Sebastian Gaintner

$-781.803r78ir80

T otal M o n th ly T ransfer A m o u n t

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The o bligor p a re n t's p rivileg es to obtain or m aintain a licen se, certificate, registration ,
perm it, approval, or oth er sim ila r docu m en t issu ed by a licen sin g en tity eviden cin g
adm ission to or g ra n tin g a u th ority to en gage in a p ro fessio n , occupation, business,
industry, recrea tio n a l p u rsu it, or the operation o f a m o to r vehicle m ay be den ied or
m ay be su sp en d ed i f the o bligor p a r e n t is n ot in co m plian ce with th is su p p o rt ord er as
p ro v id e d in C h apter 74.20A R evised C ode o f W ashington.

4\
8

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Transfer Payment

3.6

11

Standard Calculation

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r$784-r80 per month. (See Worksheet line 17.)


\1 2

3.7

Reasons for Deviation From Standard Calculation

-1 3

The child support amount ordered in paragraph 3.5 does not deviate from the standard
calculation.

14
15

3.8

16

Reasons why Request for Deviation Was Denied


A deviation was not requested.

17

3.9

Starting Date and Day to Be Paid

18

Starting Date:

November 1, 2014

Day(s) of the month


support is due:

1 st

19
20
21

3.10

Incremental Payments

22

Does not apply.


23
24
25

Order of Child Support (TMORS, ORS) - Page 4 of 11


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

FamilySoft FormPAK 2014

Law Office of
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4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

3.11

p2

Making Support Payments


Select Enforcement and Collection, Payment Services Only, or Direct Payment:

Direct Payment: Support payments shall be made directly to:

Jennifur Gaintner

A party required to make payments to the Washington State Support Registry will not
receive credit for a payment made to any other party or entity. The obligor parent shall
keep the registry informed whether he or she has access to health insurance coverage at
reasonable cost and, if so, to provide the health insurance policy information.

l{6
if i
?7
8

Any time the Division of Child Support is providing support enforcement services under
RCW 26.23.045, or if a party is applying for support enforcement services by signing the
application form on the bottom of the support order, the receiving parent might be
required to submit an accounting of how the support, including any cash medical support,
is being spent to benefit the child.

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3.12

Wage Withholding Action

12

Withholding action may be taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child support statutes of this or any
other state, without further notice to the obligor parent at any time after entry of this order
unless an alternative provision is made below:

13
14

15

[If the court orders immediate wage withholding in a case where Division of Child
Support does not provide support enforcement services, a mandatory wage assignment
under Chapter 26.18 RCW must be entered and support payments must be made to the
Support Registry.]

16
17
18

3.13

Termination of Support

19

Support shall be paid:

20

provided that this is a temporary order, until a subsequent child support order is entered
by this court.

21
22

23

3.14

Post Secondary Educational Support


The right to request post secondary support is reserved, provided that the right is
exercised before support terminates as set forth in paragraph 3.13.

24
25

Order of Child Support (TMORS, ORS) - Page 5 of 11


WPF DR 01,0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

Family Sofi FormPAK 2014

Law Office of
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4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

M
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3.15

Payment for Expenses not Included in the Transfer Payment


16 r t

3
4

Other:

Agreed extracurricular activities

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The petitioner shall pay 2% and the respondent^XSyo (each parent's proportional share of
income from the Child Support Schedule Worksheet, line 6 ) of the following expenses
incurred on behalf of the child listed in Paragraph 3.1:

Payments shall be made to the provider of the service.


3.16

Periodic Adjustment
Does not apply.

10

3.17

Income Tax Exemptions

11

Tax exemptions for the child shall be allocated as follows:


M2

Father shall claim tax exemption in even years and Mother shall claim in odd years.
13
14
15
16

3.18

Medical Support - Health Insurance


Each parent shall provide health insurance coverage for the child listed in paragraph 3.1,
as follows:

17

3.18.1 Health Insurance (either check box A(l) or check box A(2) and complete
sections B and C. Section D applies in all cases.)

18

A.

19

Evidence
(2)
There is sufficient evidence for the court to determine which parent must
provide coverage and which parent must contribute a sum certain. Fill in
B and C below.

20
21
22

23
24
25

Order of Child Support (TMORS, ORS) - Page 6 of 11


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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Tacoma, WA 98402
(253) 627-1762

9I)

Findings about insurance:

B.

r,

The court makes the following findings:

r?

3
4

Brian Gaintner
(Parent's Name)

Jennifur Gaintner
(Parents Name)

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[ ]

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[X]

12

13
14

[ ]
15
16
17

V-11

[ ]

11

[X]

18
19
20
21

Check at least one of the following findings


for each parent.
Insurance coverage for the child is available and
accessible to this parent at $
cost (childs
portion of the premium, only).
Insurance coverage for the child is available and
accessible to this parent at $
cost (child's
portion of the premium, only).
Insurance coverage for the child is available but not
accessible
to this parent at $
cost (child's

portion of the premium, only).


Insurance coverage for the child is available but not
accessible to this parent at $
cost (child's
portion of the premium, only).
Neither parent has available or accessible insurance
through an employer or union; but this parent is
able to provide private coverage at a cost not to
exceed 25% of this parent's basic support
obligation.
Neither parent has available or accessible insurance
through an employer or union; but this parent is
able to provide private coverage at a cost not to
exceed 25% of this parent's basic support
obligation.
(Check only one parent) Both parties have available
and accessible coverage for the child. The court
finds that this parent has better coverage
considering the needs of the child, the cost and
extent of each parents coverage, and the
accessibility of the coverage.
Other:
This parent is currently unemployed and does not
have available or accesible insurance through an
employer or union.

22

23
24
25

Order of Child Support (TMORS, ORS) - Page 7 of 11


WPF DR 0 1.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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Law Office of
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4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

C.
Z2

Parties obligations:

The court makes the following orders:

3
4
5

Brian Gaintner
(Parent's Name)

Jennifur Gaintner
(Parent's Name)

11

11

[ ]

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[X]

[ i

[ ]

[ ]

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Check at least one of the following options for


each parent.
This parent shall provide health insurance
coverage for the child that is available through
employment or is union-related as long as the
cost of such coverage does not exceed 25% of this
parent's basic support obligation.
This parent shall provide health insurance
coverage for the child that is available through
employment or is union-related even though the
cost of such coverage exceeds 25% of this parent's
basic support obligation. It is in the best interests
of the child to provide such coverage despite the
cost because:

a
12

"13
14
15
16
17

This parent shall provide private health insurance


coverage for the child as long as the cost of such
coverage does not exceed 25% of this parent's
basic support obligation.
This parent shall provide private health insurance
coverage for the child even though the cost of such
coverage exceeds 25% of this parent's basic
support obligation. It is in the best interests of the
child(ren) to provide such coverage despite the
cost because:

18
19

[ ]

[ i

[ ]

[X]

[ ]

[ ]

20
21
22

23
24
25

This parent shall pay $


towards the health
insurance premium being paid by the other parent.
This amount is this parent's proportionate share of
the premium or 25% of this parent's basic support
obligation, whichever is less. This payment is
only required if this parent is not providing
insurance as described above.
This parent's contribution to the health insurance
premium is calculated in the Worksheet and
included in the transfer payment.
This parent shall be excused from the
responsibility to provide health insurance coverage

Order of Child Support (TMORS, ORS) - Page 8 o f l 1


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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and from the responsibility to provide monthly


payment towards the premium because:

\(i
pi
3

(Only one parent may be excused.)_________

4
5
!i6
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D.

Both parties obligation:


If the child is receiving state financed medical coverage, the Division of Child
Support may enforce the responsible parents monthly premium.

lJ7

!f

The parent(s) shall maintain health insurance coverage, if available for the child
listed in paragraph 3.1, until further order of the court or until health insurance is
no longer available through the parents employer or union and no conversion
privileges exist to continue coverage following termination of employment.

CIO

i\\
11

A parent who is required under this order to provide health insurance coverage is
liable for any covered health care costs for which that parent receives direct
payment from an insurer.

12

13
14
15
16
17
18
19
20
21
22

A parent who is required under this order to provide health insurance coverage
shall provide proof that such coverage is available or not available within 20 days
of the entry of this order to the other parent or the Washington State Support
Registry if the parent has been notified or ordered to make payments to the
Washington State Support Registry.
If proof that health insurance coverage is available or not available is not provided
within 20 days, the parent seeking enforcement or the Department of Social and
Health Services may seek direct enforcement of the coverage through the other
parents employer or union without further notice to the other parent as provided
under Chapter 26.18 RCW.
You may have separate obligations to provide health insurance coverage for the
child(ren) under federal law.
3.18.2 Change of Circumstances and Enforcement
A parent required to provide health insurance coverage must notify both the Division of
Child Support and the other parent when coverage terminates.

23
24
25

If the parents circumstances change, or if the court has not specified how medical support
shall be provided, the parents' medical support obligations will be enforced as provided in
RCW 26.18.170. If a parent does not provide proof of accessible coverage for the
Order of Child Support (TMORS, ORS) - Page 9 of 11
WPF DR 0 1.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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(253) 627-1762

child(ren) through private insurance, a parent may be required to satisfy his or her
medical support obligation by doing one of the following, listed in order of priority:

1.

3
4

2.

5
6

3.
7

Providing or maintaining health insurance coverage through the parent's


employment or union at a cost not to exceed 25% of that parents basic support
obligation;
Contributing the parent's proportionate share of a monthly premium being paid by
the other parent for health insurance coverage for the child(ren) listed in paragraph
3.1 of this order, not to exceed 25% of the obligated parents basic support
obligation; or
Contributing the parent's proportionate share of a monthly premium paid by the
state if the child(ren) receives state-financed medical coverage through DSHS or
HCA (Health Care Authority) under RCW 74.09 for which there is an assignment.

A parent seeking to enforce the obligation to provide health insurance coverage may
apply for support enforcement services from the Division of Child Support; file a motion
for contempt (use form WPF DRPSCU 05.0100, Motion/Declaration for an Order to
Show Cause re Contempt); or file a petition.

.9
>10

11

3.19

Uninsured Medical Expenses

12

Both parents have an^Uligation to pay their share of uninsured medical expenses.
13

The petitioner shaft p a y o f uninsured medical expenses (unless stated


otherwise, the petitioners proportional share of income from the Worksheet, line
6 ) and the respondent shall pay,%$/o of uninsured medical expenses (unless stated
otherwise, the respondent's proportional share of income from the Worksheet,
Hne 6).
^ j --|U

14

15
16
17

3.20

Back Child Support


No back child support is owed at this time.
No back interest is owed at this time.

18
19

3.21

Past Due Unpaid Medical Support

20

No past due unpaid medical support is owed at this time.


No back interest is owed at this time.

21
22

23
24

3.22

Other Unpaid Obligations


No other obligations are owed at this time.
No back interest is owed at this time.

25
Order of Child Support (TMORS, ORS) - Page 10 of 11
WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

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Law Office of
r
a xvr
m i r
Jennifer A. wing, PLLC
T

4041 Ruston Way, Suite 200


Tacoma, WA 98402
(253) 627-1762

3.23
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Other
Does not apply.

3
4

Dated: _______ \ t t ^

Fw^
Ju

Presented by:
ji6

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ni miss ion or

^
MARY'E D1CKE
COURT COWIM!SSI ONEl

Approved for entry:


Notice of presentation waived:

iJ7

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Jennifer A. N ling, WSBA #27655


Attorney for 'etitioner

n.j
n

12

13
14
15
16
17
18
19
20
21
22

23
24
25

Order of Child Support (TMORS, ORS) - Page 11 of 11


WPF DR 01.0500 Mandatory (6/2014 )-RCW 26.09.175; 26.26.132

FamilySoft FormPAK 2014

Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

Washington State Child Support Schedule Worksheets


[ ] Proposed by [ ]
[ ] State of WA [ ] Other
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)

Mother Jennifur Gaintner


County PIERCE

(CSWP)

Father Brian Gaintner


Case No.

Childfren) and Age(s): Sebastian Gaintner, 12____________


Part I: Income (see Instructions, page 6)_______________
1 Gross Monthly Income_____________________________
a. Wages and Salaries____________________________
____ b. Interest and Dividend Income____________________
c. Business Income______________________________
d. Maintenance Received__________________________
e. Other Income_________________________________
f. Imputed Income_______________________________
g.
Total Gross Monthly Income (add lines 1a through 1f)
2. Monthly Deductions from Gross Income_______________
a.IncomeTaxes (Federal and State) Tax Year: 2Q14
__ b._FICA (Soc.Sec.+Medicare)7Seif-Employment Taxes
c. State Industrial Insurance Deductions______________
d. Mandatory Union/Professional Dues
e._Mandatory Pension Plan Payments_____ __
____
_ f. Voluntary Retirement Contributions
____ ____
g.
Maintenance Paid_________________________
h. Normal Business E x p e n s e s _____________
i. Total Deductions from Gross Income
(add lines 2a through 2h)
3. Monthly Net Income (line 1g minus 2i)_________________
4. Combined Monthly Net Income
(line 3 amounts combined)____________________________
5. Basic Child Support Obligation (Combined amounts -)
Sebastian Gaintner
$1557,00

Father

Mother

^$3jka< rr

$9,066.70

$9,066.70
$1,770.51
$693.61

$202.65-

$354^9 *72. * 7

US-oZ-

U U JU .

$2,464.12
$6 ,602.58

$2t675 t661

-$9747024-

:ut)
f w
6. Proportional Share of Income
(each parents net income from line 3 divided by line 4)
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 1 o f 5

,697-

i
.003-

{7CH0Z?

Part II: Basic Child Support Obligation (see Instructions, page 7)


7. Each Parent's Basic Child Support Obligation without consideration
of low income limitations (Each parent's Line 6 times Line 5.)
8. Calculating low income limitations: Fill in only those that apply.
Self-Support Reserve: (125% of the Federal Poverty Guideline.)
a. Is combined Net Income Less Than $1.000? If yes. for each
parent enter the presumptive $50 per child.
b. Is Monthlv Net Income Less Than Self-SuDDort Reserve? If ves.
for that parent enter the presumptive $50 per child.
c. Is Monthly Net Income eaual to or more than Self-SuDDort
Reserve? If ves. for each Darent subtract the self-suooort
reserve from line 3. If that amount is less than line 7, enter that
amount or the presumptive $50 per child, whichever is greater.
9. Each parent's basic child support obligation after calculating
applicable limitations. For each parent, enter the lowest amount
from line 7, 8a - 8c, but not less than the presumptive $50 per
child.

flo is-

fS V S

fri.oos-.afr

$471:7?*

1 $1,216.00

A O tf-

$474777

Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8)
10. Health Care Expenses
a.Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10b)
d. Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d. Other Special Expenses (describe)

Father

Mother

$30.00

$30.00

j*
$30.00

J?
-

e. Total Day Care and Special Expenses


(Add lines 11 a through 11 d)
12. Combined Monthly Total Day Care and Special Expenses
(line 11e amounts Combined)
13. Total Health Care, Day Care, and Special Expenses (line 10d
plus line 12)

IT R r ftjK r#
i X.

_
$30.00

* wr

14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)

$20.91

Part IV: Gross Child Support Obligation


15. Gross Child Support Obligation (line 9 plus line 14)

$9.09

-91"106:14| I

Part V: Child Support Credits (see Instructions, page 9)


16. Child Support Credits
a. Monthly Health Care Expenses Credit
b.Day Care and Special Expenses Credit
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 2 o f 5

$30.00

c. Other Ordinary Expenses Credit (describe)


-

d. Total Support Credits (add lines 16a through 16c)

$30.00

Part VI: Standard Calculation/Presumptive Transfer Payment (see instructions, page 9)


17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is greater)

V frr

$47070744

$48086.

Part VII: Additional Informational Calculations


18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)

$2,971.16

$1,294.05

$271.31

$117.94

Part VIII: Additional Factors for Consideration (see Instructions, page 9)


20. Household Assets
(List the estimated value of all major household assets.)
a. Real Estate
b. Investments
c. Vehicles and Boats
d. Bank Accounts and Cash
e. Retirement Accounts
f. Other: (describe)

21. Household Debt


(List liens against household assets, extraordinary debt.)
a.
b.
c.
d.
e.
f.
22. Other Household Income
a. Income Of Current Spouse or Domestic Partner
(if not the other parent of this action)
Name
Name
b. Income Of Other Adults in Household
Name
Name
c. Gross Income from overtime or from second jobs the party
is asking the court to exclude per Instructions, page 8

d.Income Of Child(ren) (if considered extraordinary)


Name
Name
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 3 o f 5

Father's
Household

Mother's
Household

e. Income From Child Support


Name
Name
f. Income From Assistance Programs
Program
Program

g. Other Income (describe)

23. Non-Recurring Income (describe)


-

24. Child Support Owed, Monthly, for Biological or Legal Child(ren)

Fathers
Household

Mother's
Household

Name/age:
Paid [ ] Yes [ l No
Name/age:
Paid f ] Yes [ J No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))

26.
Other Factors For Consideration
Father's income based on 2014 ytd and average of officer wages for annual of $108,800; Taxes:
Married/1
,
Mother's income based on historical earnings of $40,000/annually; Taxes: Married/2

WS CSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 4 o f 5

V\
Judici

wing Officer

u -<

Date

Worksheet certified by the State of Washington Administrative Office of the Courts.


Photocopying of the worksheet is permitted.
WSCSS-Wor/cs/ieets - M an d ato ry (C SW /C SW P) 07/2013 P age 5 o f 5
SupportCa/c 2014
c:..\state templates\waworksheet.dtf p:\famiiysoft\clientlist\gaintner\gaintner.scp 09/22/2014 03;37 pm

MARYEDICKE
COURT COMMISSIONER

il
2

3
14-3-03909-2

43580704

TMRO

1'1-05-14

4
5

36
7
8

Superior Court of Washington


County of PIERCE

9
10

ii
'l

In re the Marriage of:


BRIAN GAINTNER

No. 14-3-03909-2

12

Petitioner,
13

and

14

JENNIFUR GAINTNER

Temporary Order
(TMO)

Respondent.

15
16

I. Money Judgment Summary

17

Does not apply.


18

II. Basis
19

20

A motion for a temporary order was presented to this court and the court finds reasonable cause
to issue the order.

21

III. Order

22

I t is O rdered:
23

3.1

Restraining Order

24
25

There are no restraining orders in effect under this cause number and the court is not
entering one now.
Temp Order (TMO/TMRO) - Page 1 of 4
WPF DR 04.0250* Mandatory (6/2014) -RCW 26.09.060;. 110;. 120;. 194, .300(2)

FamilySofl FormPAK 2014

Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
T acoma, WA 98402
(253) 627-1762

3.2

Does not apply: There is no surrender of weapon order in effect under this cause number
and the court is not entering one now.

3
4
5

S u rren d er o f Weapons

3.3

Temporary Relief
Child support shall be paid in accordance with the order of child support, signed by the
court.

;6

The parties shall comply with the Temporary Parenting Plan signed by the court.
7
8

;io
;n

Both parties are restrained and enjoined from transferring, removing, encumbering,
concealing or in any way disposing of any property except in the usual course of business
or for the necessities of life and requiring each party to notify the other of any
extraordinary expenditures made after the order is issued.
Both parties are restrained and enjoined from assigning, transferring, borrowing, lapsing,
surrendering or changing entitlement of any insurance policies of either or both parties
whether medical, health, life or auto insurance.

12

13
14
15

Each party shall be immediately responsible for their own future debts whether incurred
by credit card or loan, security interest or mortgage.
Responsibility for the debts of the parties is divided as follows:
To Husband:

16

1.
2.
3.
4.

17
18
19

5.

20

6.

7.

21
22

Rent and utilities on his residence;


Sewer bill for family home occupied by Respondent;
Vehicle insurance premiums for both parties' vehicles;
Health insurance premiums for family, including Wife, until such
time wife becomes employed and has own benefits through
employer;
Payment to Bankruptcy Trustee;
Any and all liabilities associated with business - Accuracy Electric
Any and all credit cards, loans in his name alone

To Wife:
1.
2.

23

Mortgage and utilities on her residence (excluding sewer bill)


Any and all credit cards, loans in her name alone

24
25
Temp Order (TMO/TMRO) - Page 2 of 4
WPF DR 04.0250 Mandatory (6/2014)-RCW 26.09.060;.110;.120;.194, .300(2)

FamilySoft FormPAK 2014

Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

7
The family home shall be occupied by the respondent.
'2

Use of property shall be as follows:

To Husband:

1.
2.
3.

6
"7

2004 Dodge Durango;


Household goods and furnishings currently in his possession;
Items in shed at Wife's residence (former family home) as they
pertain to business;
All assets of business - Accuracy Electric, LLC
Use of community quads/trailer (to be stored at Wifes residence)

4.
5.

To Wife:

-i

1.
2.

j 10
11

2007 Hyundai Tucson;


Household goods and furnishings currently in her possession

Respondent's request for spousal maintenance is hereby denied.

12

nie'tor taxwear
ta^year zui4
Parties may fileTbr
2014 as Married, Fijing'Separatety. ShciukFthe parties fih
jointly, Wife tojje^w0% liable for the poptkrtiof any tax liabijitymcurred or rpdti^tion in
refund du^tdner not claiming taxe^wKile collecting imerrfployment. Should the parties
file s o p tir a te ly , Mother to claim^oungest child, SgbaStian, as an exemption in odd years
ana Father to claim Sebastian in even tax ye*

'13
14
15
16

3.4

3.5

19
20

# H

Does not apply.

17
18

Bond or Security

Other

HusU mJ

Does not apply.


Dated:

\ \ \

sM

I p / . M' k

;.-i q i<-

f v r ea ch

2oX

4 & >

-fbH-0101

h i 15

~o1k
f Y

\/p

om

l i r ef

wicm K

\ ^

21
(Jr l

22

t^ncrrrft't

23
24

MARY E DICKE
COURT COMMISSIONER

25
Temp Order (TMO/TMRO) - Page 3 of 4
WPF DR 04.0250 Mandatory (6/2014) - RCW 26.O9.O6O^W0J

FamilySofl FormPAK 2014

r .300(2)

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

[2
3

Petitioner or petitioner's attorney:


A signature below is actual notice of this order.
Presented by:

Respondent or respondent's attorney:


A signature below is actual notice of this order
Approved for Entry:

4
5
6

1
8

9
10

11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
Temp Order (TMO/TMRO) - Page 4 of 4
WPF DR 04.0250 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194, .300(2)

FamilySoft FormPAK 2014

Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762

E-FILED
IN COUNTY CLERK'S C
PIERCE COUNTY, WASH

November 12 2014 9:5


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03905
2

3
4
5
6

7
8
8

SUPERIOR COURT OF WASHINGTON


COUNTY OF PIERCE

10

11
12

In re the Marriage of*

NO. 14-3-03909-2

BRIAN GAINTNER
Petitioner,

13

NOTICE OF WITHDRAWAL AND


SUBSTITUTION OF COUNSEL

and

14
15

JENNIFUR GAINTNER
Respondent.

16
17
18

TO THE CLERK OF THE COURT, and


AND TO: JASON BENJAMIN, ATTORNEY FOR BRIAN GAINTNER

19
YOU AND EACH OF YOU PLEASE TAKE NOTICE that JENNIFER W ING hereby
20
withdraws as Attorney of Record for BRIAN GAINTNER.

21

22
23

YOU ARE FURTHER NOTIFIED that Daniel N. Cook of FAUBION, REEDER,


FRALEY & COOK, P.S., located at 5020 100th Street S.W., Suite 25, Lakewood,

24

Washington 98499, telephone (253) 581-0860, is hereby substituted as Attorney of

25

Record for the withdrawing counsel.


Notice of Withdrawal and Substitution - Page 1 of 2
Gaintner, Brian and Gaintner, Jennifur
S:\CXSES1\GtuntnwSDRAFTS\PlmdtogsUikitice ofWithdmwai and Substitution,docx

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

1
2
COPIES O F ALL FURTHER PAPERS AND PROCEEDINGS herein, except
3

4
5
S

original process, should be served on the substituted Attorney of Record along with all
others above named.
DATED this.

2014.

Z^dayof

By.
Jennifer A.
WSBA# 27655,
Withdrawing Attorney
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762 (phone)

10
11
12
13

DATED this J 1 ___ day of

_________ . 2014

14
FAUBION, REEDER, FRALEY
15
16
17

Daniel N. Cook, WSBA #34866


Substituting Attorney

18
19

20
21

22

23
24
25
Notice of Withdrawal and Substitution - Page 2 of 2
Gaintner, Brian and Gaintner, Jennifur

S:\CASES1\Gamtnei\DRAFTS\Pfeaclings\NotiGe of Withdrawal and Substitution.docx

FAUBION, REEDER,
FRALEY 4 COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

November 12 2014 10:43 AM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPER IO R CO URT OF THE STATE OF W ASHINGTON


IN AND FOR PIERCE COUNTY

BRIAN GAINTNER
No. 14-3-03909-2
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.

JENNIFUR GAINTNER
Respondent(s)

TO THE CLERK OF THE SUPERIOR COURT AND TO OPPOSING PARTY:


Name: JASON P BENJAMIN
Address: 1201 Pacific Ave Ste C7 TACOMA, WA 98402-4393

Phone: (253) 512-1196


Attorney for Respondent

Please take notice that the undersigned will bring on for hearing a motion for:

Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Assignm ent to Set Trial Date
Calendar: KATHERINE M. STOLZ

CALENDAR DATE: Friday, December 12, 2014 9:00 AM


WORKING COPIES SHALL BE DELIVERED TO THE COURT PURSUANT TO PCLR 7 (a) (7)
PARTY SETTING HEARING SHALL CONFIRM BY NOON TWO COURT DAYS PRIOR TO HEARING

Submitted by:

DATED:

November 12, 2014.

Signed:

/s/ Daniel N Cook

NAME:

Daniel N Cook

Phone:

(253) 581-0660

WSBA#:
For:

34866

ADDRESS: 5920 100th St SW Ste 25


LAKEWOOD, WA 98499-2751

Note for Motion Docket (ntmtsup.rptdesign)

1 of 1

E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING

November 19 2014 12:26 P


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2
3
4
5

6
7

Superior Court of Washington


County of: PIERCE

8
9

10

11
12

In re the Marriage of:

No.

BRIAN GAINTNER

Petitioner,
and

14-3-03909-2

Response to Petition
(Registered Domestic Partnership)
(RSP)

JENNIFUR GAINTNER

Respondent.

13
14

To the Above-Named Petitioner:

BRIAN GAINTNER

15

I.

Response

16

1.1

Admissions and Denials

17

The allegations of the petition in this matter are admitted or denied as follows:
18

ParaaraDh of the Petition


19

20
21

22
23
24
25

1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12

Admitted
Admitted
Admitted
Admitted
Admitted
Denied
Admitted
Admitted
Admitted
Denied
Admitted
Admitted

Response to Petition (RSP) - Page 1 of 2


WPF DR 01.0305 Mandatory (6/2008) - RCW 26.09.0300
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx:
2 5 3 - 5 1 2 -1 9 5 7

1.13
1.14
1.15
1.16

Each allegation of the petition which is denied, is denied for the following reasons:

1.6

Denied. Date of Separation is October 7, 2014 when Petitioner filed for


Dissolution.

1.10

Maintenance should be ordered, as wife has a need and husband has the ability
to pay.

Admitted
Admitted
Admitted
Admitted

6
7

1.2

Notice of Further Proceedings


Notice of all further proceedings in this matter should be sent to the address below.

10

II.

Request for Relief

11
The respondent requests the court to grant the relief requested below:

12
Enter a decree.
13

Provide reasonable maintenance for the respondent.


14

Approve my parenting plan for the dependent child.


15
16

Determine support for the dependent child pursuant to the Washington State child
support statutes.

17

Dispose of property and liabilities.

18

Change name of respondent to: Reserved.

19

Order payment of day care expenses for the child.

20

Award the tax exemptions for the dependent child as follows: To mother.

21

Order payment of attorney fees, other professional fees and costs.

22
23

Dated:

^ 'L l ^
Jasor/P. Benjamin, WSBA #25133
Attorney for Respondent

24
25

Response to Petition (RSP) - Page 2 of 2


WPF DR 01.0305 Mandatory (6/2008) - RCW 26.09.0300
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
1201 Pacific Ave, Suite Cy
Tacoma, WA 98402

Pn: 253 -512-1140 / Fx:


2 5 3 -5 1 2 -1 9 5 7

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

December 10 2014 4:22 PM


KEVIN STOCK
COUNTY CLERK

This is to certify that


Brian Gaintner
Cause # 14-3-03909-2

NO: 14-3-03909-2

attended our 4 hour parenting seminar

Always Parents:
Families in Transition
Presented by

Always Parents

This completes all requirements outlined in


Pierce County Superior Court
Local Rule for Special Proceedings 94.05
S u s a n L . W ils o n

, LM H C

Electronically Signed
12/9/2014
Date of attendance

6824 19th St W, PMB 163 University Place, WA 98466 253-267-3622 alwaysparents@live.com

THE STATE OF WASHINGTON


IERCE COUNTY
\t

14-3-03909-2

BRIAN GAINTNER

43790257

ORSCS

No. 14-3-039 09-2

ORDER SETTING
CASE SCHEDULE

Petitioner(s)
vs.
JENNIFUR GAINTNER
i;7i

Respondent(s)

3, )

'

Type of Case:
Estimated Trial (days):
Track Assignment:
Assigned Department:
Docket Code:

DIC
Family Law
02 * Ju d g e k a t h e r i n e
ORSCS

sto lz

'1

Certificate of Parenting Class - Respondent's (Must be filed on or before)

12/09/14
01/23/15 9:00

Assignment to Set Trial Date

Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM
+ on the date of trial.
-j --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

l\i
u)

NOTICE TO PLAINTIFF/PETITIONER

If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendants) with the summons and
complaint/petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule
within five (5) court days of service of the defendant's first response/appearance. If the case has not been filed, but an
initial pleading is served, the Case Schedule shall be served within five (5) court days of filing. See PCLR 3.
NOTICE TO ALL PARTIES

All attorneys and parties shall make themselves familiar with the Pierce County Local Rules, particularly those relating to
case scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions
appropriate to the violation. If a statement of arbitrability is filed, PCLR 3 does not apply while the case is in arbitration.
DATED: 12/12/14

Judge Katherine M. Stolz


Department 02 (253) 798-7573

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR PIERCE COUNTY

('J

No. 1 4-3-039 09-2

-BRIAN GAINTNER

C\l
0

Petitioner(s)
vs.
JENNIFUR GAINTNER
Respondent(s)

tj'i
O
kD
,+

J CC:

ORDER SETTING
CASE SCHEDULE

Type of Case:
Estimated Trial (days):
Track Assignment:
Assigned Department:
Docket Code:

Daniel N Cook, Atty


JASON P BENJAMIN, Atty

-i
H

O
',0

Page 2 o f 2

DIC
Family Law
02 - Ju d g e K a t h e r i n e
ORSCS

sto lz

SUPERIOR COURT
14-3-03909-2

43013531

LTR2

12-18-14

OF THE
STATE OF WASHINGTON
FOR PIERCE COUNTY

(253) 798-3654

334 County-City Building

FAX (253) 798-7214


,

930 Tacoma Avenue South


Tacoma, Washington 98402-2102

DATED: December 16, 2014


Re:

Cause No. 14-3-03909-2

Docket code: CRRSP

BRIAN GAINTNER
vs.
JENNIFUR GAINTNER
Dear Counsel or PRO SE (Self-Represented):
Court records indicate that the attorneys and/or parties listed below have failed to comply with the Case
Schedule or Order Assigning Case to Department in regard to the following item:
Deadline:

Certificate of Parenting Class - Respondent's - Not Filed

12/09/.14

Pursuant to Pierce County Local Rules and also pursuant to the Case Scheduling Order or Order Assigning
Case to Department given to you at the time of filing this case, you are out of compliance. Please take the
actions necessary to immediately comply with the Case Schedule or Order Assigning Case to Department.
Please file and deliver a courtesy copy of the document to the Judge.
If the court finds that an attorney or party has failed to comply with the Case Schedule or Order Assigning
Case to Department and has no reasonable excuse, the court may order the attorney or party to pay
monetary sanctions to the court, or terms to any other party who has incurred expense as a result of the
failure to comply, or both; in addition, the court may impose such other sanctions as justice requires. See
PCLR 3(k).
Copies mailed to:

Daniel N Cook
Jason P Benjamin
LINDA SHIPMAN
Department 02
Phone #: 253-798-7573
Judicial assistant to:
Judge Katherine M. Stolz

To:

Superior Court Clerk for Filing


(Court File Copy)

\lx civil, p b l\d_ noncom plia nce_ letter_report

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

January 07 2015 1:57 PM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPER IO R CO URT OF THE STATE OF W ASHINGTON


IN AND FOR PIERCE COUNTY

B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.

J E N N IF U R G A IN T N E R

R e s p o n d e n t(s )

TO T H E C L E R K O F T H E S U P E R IO R C O U R T A N D TO:

Name: Daniel N Cook


Address: 5920 100th St SW Ste 25 LAKEWOOD, WA 98499-2751

Phone: (253) 581-0660


Attorney for Plaintiff/Petitioner

P le a s e ta k e n o tic e th a t an is s u e o f la w in th is c a s e w ill be h e a rd on th e d a te a n d tim e s h o w n b e lo w :

Pierce County Superior Court, County-City Building - 930 T acom a A ve S - Tacom a, W A 98402

Show Cause
Nature of Hearing:

C o n te m p t

Calendar: Show Cause/Family Law

CALENDAR DATE: Tuesday, February 03, 2015 9:00 AM


W O R KING C O PIES S H A L L B E SU B M ITTED T O CO M M ISSIO N ER S S E R V IC E S RO O M 140,
B E F O R E 12:00 NOON TW O C O U R T D A Y S PRIOR T O H EARIN G

D ATED :

J a n u a ry 7, 2 0 1 5 .

Signed:

/s / J A S O N P B E N J A M IN

NAM E:

J A S O N P B E N J A M IN

Phone:

(2 5 3 ) 5 1 2 -1 1 9 6

W SBA#:

25133

For:

A tto rn e y fo r R e s p o n d e n t

A D D R E S S : 1201 P a c ific A v e S te C 7
T A C O M A , W A 9 8 4 0 2 -4 3 9 3

Note for Commissioners Calendar (ntc.rptdesign)

1 of 1

E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING

January 07 2015 1:57 PM

1
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

3
4
5
6

7
8

Superior Court of Washington


County of PIERCE

9
In re:
10
BRIAN G AINTNER

No. 14-3-03909-2

11

Petitioner,
and

12
JEN NIFUR G AINTNER

13

Respondent.

Motion/Declaration for an Order to


Show Cause re
Contempt
(MTSC)

14
I.

Motion

15
16

JEN NIFUR G AINTNER moves the court for an order directing BRIAN G AINTNER to appear
personally before the court and show cause why an order should not be entered:

17

1.1

18

Finding Contempt
Finding contempt for failure to comply with:

19

the order of child support

20

the order of maintenance

21
22

23
24
25

Signed by the court on 11/03/2014, in PIERC E County, WA.

1.2

Establishing a Judgment
Establishing a judgment in the amount of $1,185 plus $
interest for delinquent
child support and $50 costs for the period from 01/01/15 through 01/31/15.

Establishing a judgment in the amount of $4,287.50 plus $


interest for delinquent
maintenance and $
costs for the period from 11/01/14 through 01/31/2015
Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 1 of 3
B e n ia m in &
m
WPF DRPSCU 05.0,00 (10,2009) - R civ 26.09.1609
S T S S fc

Tacoma, WA 9 8 4 0 2
Ph / 2 5 3 -5 1 2 -1 9 5 7 Fx

2 5 3 - 5 1 2 -1 1 9 6
FamilySoft FormPAK 2014

1.3

Granting Sanctions

Granting sanctions for contempt, including a forfeiture for each day the contempt of
court continues, and establishing conditions by which the contempt may be purged and
granting any other relief, including reasonable attorney fees and costs and make up
residential time, as may be appropriate under Chapter 7.21 RCW , Chapter 26.09 RCW,
Chapter 26.10 RCW , Chapter 26.26 RCW , and R C W 26.18.040.

3
4
5

Imprisonment is sought as a sanction.


6

1.4

Other

7
Awards the wife a judgment for $2500 in reasonable attorney's fees and awards wife a
judgment for $1230 for the deductions for early withdrawal from her 401 (k).

Authorizes wife to file married but separate and to claim the child as a dependent and
the mortgage interest and to retain 10 0 % of any refund since husband, in bad faith, is
refusing to pay.

10

11

This motion is based upon the declaration which follows.

12
25133
Jaso j/P . Berijamin, W SBA #25133
Signature of Requesting Party or Lawyer/WSBA No.

Dated:

13
14

II. Declaration

15
16
17
18
19

20
21
22
23
24
25

BRIAN G AINTNER should be held in contempt for the following reasons,


Failure to comply with the provision of the child support order which directed payment of:
current child support in the amount of $1085 per month.
Other:
He owes $100 for November 2014 because he only paid $985 in November 2014.
He owes $1085 for January 2015.
Failure to comply with the maintenance order which directed payment of maintenance in the
amount of $1915 per month as described below:
He has paid a total of $957.50 for maintenance since 11/01/14.
He owes $957.50 for November 2014, $1915 for December 2014 and $1415 for January
2015 for a total of $4287.50.
Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 2 of 3
WPF DRPSCU 05.0100 (10/2009) - RCW 26.09.160

FamilySoft FormPAK 2014

B e n ja m in & H e a ly PLLC
1201 Pacific Ave, Ste C7
Tacoma, WA 98402
253-512-1196 Ph / 253-512-1957 Fx

Other:
2

He was ordered to have ALL UTILITIES except sewer current through 10/31/14.
3
4
5

He has still refused to bring DirecTv current and on December 18 or 19th I discovered
through a repairman that all the wires on my roof had been cut off.
I was forced to cash out $8200 from my 401 (k) just to live because he is refusing to pay,
but I lost $1230 in penalties in interest. I am asking to be reimbursed for this.

Also, I am seeking $2500 in attorneys' fees for the necessity of bringing this motion.
7
8

I declare under penalty of perjury under the laws of the state of Washington that the foregoing
is true and correct.

9
10

Signed at

on

11
12

13
14
15
16
17
18
19
20
21
22

23
24
25
Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 3 of 3
WPF DRPSCU 05.0100 (10/2009) - RCW 26.09.160

FamilySoft FormPAK 2014

B e n ja m in & H e a ly PLLC

Pacific Ave, Ste C7


Tacoma, WA 9 8 4 0 2
2 5 3 - 5 1 2 -1 1 9 6 Ph / 2 5 3 - 5 1 2 -1 9 5 7 Fx
12 0 1

1
2
43905142

ORTSC

0 1-0 7-15

3
4

FILED
IN COUNTY CLERK'S OFFICE

A.M.

JAN 0 7 2015

pm

INTY, w
PIERCE CO UNTY,
W aASHING TO N
K E V IN S T O) C K , . C o u n t y C le r k
RY
- I\
DEPUTY

Superior Court of Washington 7 ^


County of PIERCE

7
8

No.

In re:

10

BRIAN GAINTNER

11

and

12

JENNIFUR G AINTNER

Petitioner,

14-3-03909-2

Order to Show Cause re


Contempt
(ORTSC)
Clerk's Action Required

Respondent.

13
14

It is Ordered :

15

BRIAN G AINTNER shall appear in person before this court at the place and time below and
show cause why the relief requested in the motion should not be granted.

16
17
18

Date: February 3, 2015


Place: County-City Building

Time: 9:00 a.m.


Room: As assigned

If you fail to appear in person and defend at these proceedings the court may grant all of the
relief requested and/or issue a bench warrant for your arrest without further notice to you.

19
20

If imprisonment is requested in the motion and you cannot afford an attorney, you may request
the court to appoint an attorney to represent you.

21

JAN o 7 2015
Dated:

Commissioner

22

23

Presented by:

24
25

A jjason P. Benjamin, W SBA #25133


1 Signature of Requesting Party or Lawyer/WSBA No.

Ord to Show Cause re Contempt (ORTSC) - Page 1 of 1


WPF DRPSCU 05.0150 Mandatory (6/2008) - RCW 26.09.160
FamilySoft FormPAK 2014

L A W O FFICES OF
B E N J A M IN & H E A LY , PLLC
1201 Pacific Ave, Suite C7
Tacoma, WA 98402
Ph: 253 - 512-1140 / Fx: 253 - 512-1957

E-FILED
IN COUNTY CLERK'S OFFK
PIERCE COUNTY, WASHING

January 14 2015 11:51 A

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2
3
4
5
6

Superior Court of Washington


County of PIERCE

In re :

10

BRIAN GAINTNER

No.

Petitioner,

11

14-3-03909-2

R e tu rn o f S e rv ic e
(R T S )

And
12

JENNIFUR GAINTNER

13

Respondent.
14
I D e c la re :

15

1.

lam over the age of 18 years, and I am not a party to this action.

2.

I served Brian Gaintner with the following documents:

16
17

a) Note for Commissioners Calendar


b) Motion for an Order to Show Cause
c) Order to Show Cause

18
19

3.

The date, time and place of service were:

20

Date: January 11, 2015, at 1:24 PM


21

Address: 5106 115 ST SW


Lakewood, WA 98498

22

23

4.

Service was made pursuant to Civil Rule 4(d):

24

by delivery to the person named in paragraph 2 above.


25

Return of Service (RTS) - Page 1 of 2


WPF DRPSCU 01.0250 (6/2006) - CR 4(g), RCW 4.28.080(14)

L A W O FFICES OF
B E N J A M IN & H E A LY , PLLC
10116 36 TH Ave. Ct. S.W., Suite 310
Lakewood, WA 98499
Ph: 253 -512-1140 / Fx: 253 -512-1957

1
2

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is
true and correct.

3
Signed at:

I JLiblJAKr-A

.WA. on January i 3 , 2015.

4
5
Si

3 /"

HA -

Sf i r r x

Print
'int nar
R^me
8

9
10
11
12

13
14
15
16
17
18
19
20
21
22

23
24
25

Return of Service (RTS) - Page 2 of 2


WPF DRPSCU 01.0250 (6/2006) - CR 4(g), RCW 4.28.080(14)

LAW OFFICES OF
B E N JA M IN & HEALY, PLLC
10 116 3 6 TH

Ave. Ct. S.W., Suite 310


Lakewood, WA 9 8 4 9 9
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

January 20 2015 8:30 AM


KEVIN STOCK
COUNTY CLERK

This is to certify that


Jennifur Gaintner
Cause # 14-3-03909-2

NO: 14-3-03909-2

attended our 4 hour parenting seminar

Always Parents:
Families in Transition
Presented by

Always Parents

This completes all requirements outlined in


Pierce County Superior Court
Local Rule for Special Proceedings 94.05
S u s a n L . W ils o n

, LM H C

Electronically Signed
1/17/2015
Date of attendance

6824 19th St W, PMB 163 University Place, WA 98466 253-267-3622 alwaysparents@live.com

F THE STATE OF WASHINGTON


3IERCE COUNTY

H
14-3-03909-2

43996288

ORSCS

01-23-15

No. 1 4-3-039 09-2

rBRIAN GAINTNER

ORDER SETTING
CASE SCHEDULE

Petitioner(s)
vs.

Type of Case: DIC


Estimated Trial (days):
Track Assignment: Dissolution
Assigned Department: 02 - Judge Ka t h e r in e

JENNIFUR GAINTNER
N

Respondent(s)

m . sto lz

Docket Code: ORSCS

Ip,Set Settlement Conference Date with Judge/Commissioner SUSAN K. SERKO (See PCLR 16 & PCLSPR
94.04)

05/12/15

Plaintiff s/Petitioner*s Disclosure of Primary Witnesses

05/26/15

^ Defendant's/Respondent's Disclosure of Primary Witnesses

06/23/15

(HDisclosure of Rebuttal Witnesses

07/14/15

'-^Deadline for Filing Motion to Adjust Trial Date


t 'J
\ Discovery Cutoff

'I
f

f" * 0

['^Exchange of Witness and Exhibit Lists and Documentary Exhibits

s ~

T
f r
l

: >

:/JJoint Statement of Evidence

07/28/15
09/01/15
09/15/15
09/15/15

HSettlement Conference (To be held)

Week Of 09/29/15

Pretrial Conference (Contact Court for Specific Date)

Week Of 10/06/15

Trial

10/13/15 9:00

Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM
on the date of trial.

NOTICE TO PLAINTIFF/PETITIONER
If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendant(s) with the summons and
complaint/petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule
within five (5) court days of service of the defendant's first response/ap pea ranee. If the case has not been filed, but an
initial pleading is served, the Case Schedule shall be served within five (5) court days of filing. See PCLR 3.
NOTICE TO ALL PARTIES
All attorneys and parties shall make themselves familiar with the Pierce County Local Rules, particularly those relating to
case scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions
appropriate to the violation. If a statement of arbitrability is filed, PCLR 3 does not apply while the case is in arbitration.

DATED: 1/22/15

Judge Katherine M. Stolz


Department 02 (253) 798-7573

'4

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR PIERCE COUNTY

(VI

No. 1 4-3-039 09-2

BRIAN GAINTNER
(;)

ORDER SETTING
CASE SCHEDULE

Petitioner(s)
vs.

JENNIFUR GAINTNER

Type of Case: DIC


Estimated Trial (days):
Track Assignment: Dissolution
Assigned Department: 02 - Judge k a t h e r in e

Respondent(s)

Docket Code: ORSCS

jz

[CC:

Daniel N Cook, Atty


JASON P BENJAMIN, Atty

If!
H

n
AJ

Page 2 o f 2

m . sto lz

E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHINGT

January 27 2015 11:26 AM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2
3
4
5
6

SUPERIOR COURT OF WASHINGTON


COUNTY OF PIERCE

In re the M arriage of:

10

BRIAN GAINTNER

NO. 14-3-03909-2
Petitioner,

11

and

12

JENNIFUR GAINTNER
Respondent.

13
14

RESPONSE DECLARATION OF
BRIAN GAINTNER RE
CONTEMPT

I,

BRIAN G A IN TN ER , make this declaration on the basis of my personal knowledge

15

and in response to Respondents Motion for Order to Show Cause re Contempt.

16

SUMMARY

17
18
19

I am not behind on child support but I am behind on spousal maintenance. I am an


electrician and subject to good months and bad months. The company is generally slow
off and on during winter months. I have not had the ability to pay because we w ere very

20

slow in October and Novem ber 2014. But I will sign a stipulated judgm ent with interest for
21

the back m aintenance I am behind and get caught up by March 2015. I should not be held
22

in contempt because I do not have the ability to pay. I should not have to pay attorney
23
24
25

fees because I have already communicated this problem with cash flow to JE N N IF U R S
attorney and would have signed a stipulated judgment if they asked.
Response Declaration of Brian Gaintner - Page 1 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\C A SES 1\G aintner\D R AFTS\P leadings\R esponse Declaration o f Brian G aintner.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

RESPONSE TO CHILD SUPPORT


2

I am not behind on child support.

Filed as a Sealed Financial Source document is a

3
4
5

true and correct copy of a letter my attorney sent on Novem ber 10, 2014.

This letter

includes copies of two checks I gave to J E N N IF U R for child support for November.

The

$100 check is dated October 27, 2014, because JE N N IF U R asked m e for additional money

for S E B A STIA N and I said I would give it to her as a credit for child support because we had

a hearing for child support coming up in a few days.

support in the m em o line. JE N N IF U R crossed it out before she cashed the check. But I did

10
11

W hen I wrote the check I put Child

pay the full $1,0 8 5 for child support in Novem ber 2014.
On January 1, 2015, I wrote a check to JE N N IF U R for the January 20 1 5 child support.

12

It has already cleared my bank.

I have filed a copy of this check (No. 669 7) as a Sealed

13

Financial Source Document.


14

RESPONSE TO SPOUSAL MAINTENANCE


15
16
17

I am behind on spousal m aintenance because I am not able to pay the full amount.
have tried to pay spousal m aintenance to the greatest extent of my ability.

The sealed

18

financial source document shows a copy of the check (No 1061) dated Novem ber 7, 2014, in

19

the amount of $ 9 5 7 .5 0 for the first half of Novem ber spousal maintenance.

20

I have filed a sealed financial source document which shows a copy of the check (No

21

6699) dated January 15, 2014, in the am ount of $ 9 5 7.5 0 for the second half of November

22

23

spousal maintenance.
I realize I am behind for Decem ber 2014. Attached as Exhibit A is a true and correct

24

copy of an email dated

Decem ber 30, 2014, my attorney sent J E N N IF U R S attorney

25
Response Declaration of Brian Gaintner - Page 2 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\C A SES1\G aintneADRAFTS\Pleadings\Response Declaration o f Brian G aintner.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

acknowledging that I was behind and explaining I was unable to pay due to lack of work but
2

that I would try to get caught up by the end of January 2015.


3

I do not oppose entry of a judgm ent for Decem ber and January 201 5 maintenance.

4
5
6

know I owe that obligation and I will m ake it right. I understand that I will pay interest on that
obligation since I did not pay it on time.
The reason I cannot pay is because I had very little revenue in the months of

7
8

Septem ber through D ecem ber 2015.

down during the winter months. This year I was hit very hard.

10
11

I am in the construction business and I typically slow

I am filing my end of year business reports prepared by my accountant from our


business bank statements and records.

I do not create these reports or manipulate them.

12

These are fully prepared by an independent bookkeeper.


13

Page 8 of the sealed financial source documents show that my 201 4 gross revenue is
14

down $68 ,31 4 from my 20 1 3 gross revenue. That is a decrease of almost 17%.
15

I actually had to lay my em ployees off during the months of October and November

16
17

2014.

Page 6 of the sealed financial source documents show that my average payroll

18

Employee W ages (wages only, not including payroll taxes) were $5,471 per month. This is

19

derived by taking the 2 0 1 4 total of $ 5 4 ,71 9 and dividing by 10 months I had employees.

20

Page 12 of the sealed financial source documents shows that I paid $0 in em ployee wages in

21

October and Novem ber 2014. These where months they w ere laid off.

22

23

Even Septem ber

20 1 4 was a very small em ployee w age expense because w e were already slowing way down
in September. In short, I did not have enough work in October and Novem ber 2014.

24
25
Response Declaration of Brian Gaintner - Page 3 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\C A SES 1\G aintner\D R AFTS\P leadings\R esponse Declaration o f Brian G aintner.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

Page 13 of the sealed financial source documents show that my average revenue for
2

the year was $28,331 per month. This is derived by taking the 201 4 total of $339,976 and
3
4
5

dividing by 12 months of revenue. The months of Septem ber through Decem ber the average
revenue was $ 1 8 ,20 6 per month.

That is more than $ 10 ,00 0 less revenue per month than

average. This is a huge hit and I simply did not have the funds to pay spousal maintenance.

I stayed current on child support and paid spousal m aintenance to the best of my ability but I

simply did not have the funds to pay all of Decem ber 2014.

9
10
11

The way my business works is that I do work a month ahead and generally get paid
the next month.

So any work I bill between the 25th of the prior month and the 25th of this

month I will generally get paid for next month. So even though w e started getting busy again

12

in Decem ber I did not get paid for that work until late January 2014. Sometim es the general
13

contractors do not even pay on time so the company does not get paid until the beginning of
14

the next month.

I must stay current with my payroll expenses and my suppliers and my

15
16
17

insurance and vehicle (gas) costs in order to maintain operations. So when money is tight I
simply do not take draws. That has been the case for the last few months.

18

Things w ere so bad in January 201 5 that I had to borrow m oney from my parents to

19

keep the business operating. I have filed a sealed financial source document showing that I

20

took a loan on January 6, 2015, for business expenses.

21

source document showing that I deposited that loan to my bank on January 6, 2015, and at t

22

23

I have another sealed financial

the time my business account had been depleted down to $1,874 dollar.

I did not have

money to cover payroll or pay supplies and would soon run out of money for gas.

I had to

24

get the loan just to stay afloat.


25
Response Declaration of Brian Gaintner - Page 4 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\C A SES 1\G aintner\D R AFTS\P leadings\R esponse Declaration o f Brian G aintner.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

1
2

I had hoped to be able to pay all of Decem ber m aintenance in full by the end of
3
4
5
6

January 2015.

Even after getting the $5,000 loan from my parents I am not going to have

enough to m ake extra payments this month.


I am already at least 3 months behind on the Chapter 13 bankruptcy payment we have

which is discharging the loan obligation on the 2nd mortgage.

that I must appear in bankruptcy court because of my nonpayment of that obligation.

again, I simply do not have the money.

10
11

I have just received a notice


But

One of the reasons for the delay is because one job I took in January and hoped to
get paid for in February 201 5 could not be started until January 26, 2015. The reason for the

12

delay is w e w ere waiting on other trades to get done and the house w as so wet from recent
13

rains we could not start as early as w e wanted. This means I will not get paid for this large
14

job until March 2015.

Because the revenue I was counting on from this large job is now

15
16
17
18
19
20
21
22

23

being shifted to March so I do not have funds in January 2015. But based upon this revised
estim ate I believe I will be able to get JE N N IF U R caught up on spousal m aintenance by
March 2015.
For all of these reasons I am not in contempt. I am doing my best to m ake payments
in good faith based upon what ability I have to pay.
It should be noted that prior to our hearing in Novem ber 20 1 4 JE N N IF U R was living
on unemployment.

W e had been separated for about a year and a half and I had been

paying all of the monthly bills associated with the house plus insurance. This was a total of

24

about $2,500 per month.

J E N N IF E R was paying for her own gas and groceries from her

25
Response Declaration of Brian Gaintner - Page 5 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\G aintner\D R AFTS\P leadings\R esponse Declaration o f Brian G aintner.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

own w ages and salaries and then unemployment after she was let go.

Shortly after

unemployment ran out is when she took me to court. W hen w e finally went to court I was hit
3

with a $ 3 ,0 0 0 per month obligation which w as $5 0 0 per month more than I had been doing,
4
5

right at the time that the com pany was going through its slowest time of the year.

I have

done my absolute best to stay current and I have paid all child support that was owed. I have

paid spousal m aintenance as I have been able. I am doing my best but I simply do not have

the ability to pay the rem ainder of spousal m aintenance owing at this time.

caught up by March 2015.

10

RESPONSE TO UTILITIES

11

I will have it

I have repeatedly asked JE N N IF U R for a bill for the DirecTV she wants me to pay.

12

Attached as Exhibit B is a true and correct copy of an email dated Novem ber 14, 2014, my
13

attorney sent to her attorney asking for a copy of the bill. W e have not received any such bill.
14

I have no knowledge w hatsoever about the wires she is claiming to have been cut. I
15

wired the D irecTV at our house (I am an electrician by trade). The D irecTV wires are not on
16
17

the roof of our house.

I have no idea what she is talking about.

The D irecTV was fully

18

operational when I left and I have done nothing at all to interfere with that or dam age the

19

wiring.

20

I D E C LA R E U N D E R P E N A LTY O F P E R JU R Y U N D E R T H E LAW S O F TH E

21

S T A T E O F W A S H IN G T O N T H A T TH E F O R E G O IN G IS T R U E A N D C O R R E C T .

22

Signed at Lakewood, W A on Jar

23
24
25
Response Declaration of Brian Gaintner - Page 6 of 6
G aintner, Brian and G ain tn er, Jennifur
S:\CASES1\Gaintnei\DRAFTS\Pleadings\Response Declaration of Brian Gaintner.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

Daniel Cook
From:
Sent:
To:
Cc:
Subject:

Daniel Cook
Tuesday, December 30, 2014 6:56 PM
'Jason Benjamin'
Melissa Goins
RE: Gaintner Stuff out of Garage

Jason,
Thank you fo r your email. I will address the issues you raised in the order you raised them.
1.

2.

3.
4.

My client has only taken business related items from the shed. I do not believe he has gone into the home since
entry of the temporary orders. The only item he- is a^are of Jennifur even questioning him taking from the shed
is a shovel which is clearly something he uses fdr business!.
He has already purchased the materials (pipe) which he needed from the garage. This reduces the net profit of
the business and hence makes less money available for the parties. Perhaps he can get the pipe out of the
garage at a later date.
My client denies any involvement w ith cutting wires.
The back support issue is tough. He knows he is behind but he had little work in October and November. He is
busy this month, but w o n 't get paid until next month. He tells me he can get caught up fo r November and
December by the end of January.

We need to
1.
2.
3.
4.

get the house appraised. I sent discovery requests out to you. Primarily what we need is:
Documentation o f her job search
Her bank statements fo r last 18 months.
401(k) statements for 18 months
Documentation of balance on mortgage for family home now and in July 2013.

I am wondering if we should try to go ahead and schedule a settlement conference with Commissioner Gaddis in late
January or early February.
Let me know your thoughts. I think both parties would benefit from minimizing their attorney fees. The estate and
incomes in this case are very modest. Can we schedule a settlement conference?
Sincerely,
Dan Cook

From: Jason Benjamin [mailto:jason@attorneys253.com]


Sent: Monday, December 29, 2014 6:25 PM
To: Daniel Cook
Cc: Jennifur Gaintner; Melissa Goins
Subject: Gaintner Stuff out o f Garage
Dan,
You client has had unfettered access to the home for months. The problem is that he and the oldest son keep
taking things that certainly are not business related.

Also, we need a list before we know w hat date and time.


I wanted to put you on notice that someone cut all Jennifur's wires (DirectTV and 4 or 5 others) were cut
around December 18th. This is pure vandalism and we know of very few people with the motive. Nothing
was stolen, only vandalism.
Your client owes around $3400 in back support and maintenance. As such, Jennifur has been forced to
w ithdraw $8200 netting her $6970 from her 401(k). She is putting $3500 on the back house payments.
Needless to state, I will be filing contem pt forthwith.
Jason
Sent from Surface

Daniel Cook
From:
Sent:
To:
Cc:
Subject:

Daniel Cook
Friday, November 14, 2014 5:28 PM
Jason Benjamin
Melissa Goins; Sally DuCharme
RE: Gaintner Utilities / Hiding o f Assets

I am not fam iliar enough with the file yet to make a determination on the DirecTV issue. I understand your position and
will talk to Mr. Gaintner, but I have not fully analyzed it yet. Please send us the copies of the utility bills that that she
says need to be paid.
He will either pay them or we wilt explain why we cannot. I frankly do not know if he will have enough money at a
moment's notice to get them paid up. He has paid Ms. Gaintner about $2,000 in the last few days and he has to make
another payment of almost $1,000 in a few more days. So it may make sense fo r her to pay the utilities from what he s
has paid her and he will sign a stipulated judgm ent that he owes her the amount she paid. But after we receive a copy
o f the utilities she wants paid I will let you know. .
!
I think early stage mediation with Gaddis on this case is a good idea. May I have Sally work with your staff to schedule
it?
Sincerely,
Dan Cook
From: Jason Benjamin [mailto:jason@attorneys253.com]
Sent: Friday, November 14, 2014 12:17 PM
To: Daniel Cook
Cc: Jennifur Gaintner; Melissa Goins
Subject: Gaintner Utilities / Hiding of Assets
Hi Dan,
As you are aware, DirecTV is considered a utilityjust look at your own client's financial declaration. Jennifur's
Directv bill is $341.46 through 1 1 /0 3 /2 0 1 4 . He needs to bring this current forthwith. He also needs to get the
internet and garbage service turned back on. I will be filing for contem pt next w eek if these items are not
remedied immediately.
Also, Jennifer is concerned your client is going to hide money in the bank accounts of his sister and his
mother. He has specifically threatened to put the business in his sister's name. Please advise him that
through discovery we will find every dime.
Further, he is complaining to the 12 year old son about his child support obligation AND the parties' 24 year
old son just told Jennifur that your client laid him off because she is taking all his money.
Sounds like this case might have a bumpy ride.
To reduce attorney's fees, I w ant to make you the same offer I made Attorney Wing. That is, why don't we
make your client's ppp the final pp. Jennifur believes that if your client is unhappy about the money he will

suddenly demand primary custody of the child. There is zero reason, other than bad faith, to not make the
ppp the final pp.
Lastly, w e could always get this case to Gaddis for early stage mediation and maybe resolve the whole thing!
Regards,

Jason
Sent from Windows Mail

14-3-03909-2

44062816

LTRSTC

02-03-16

Superior Court
of the
State of Washington
for Pierce County
334 COUNTY-CITY BUILDING
930 TACOMA AVENUE SOUTH
TACOMA, WA 98402-2108

RONALD E. CULPEPPER, JUDGE


Angela Edwards, Judicial Assistant
Karla Johnson, Court Reporter

(253) 798-6640

January 29, 2015

Daniel N Cook
ATTORNEY AT LAW
5920 100th St SW Ste 25
LAKEWOOD, WA 98499-2751

JASON P BENJAMIN
ATTORNEY AT LAW
1201 Pacific Ave Ste C7
TACOMA, WA 98402-4393

Dear Counsel/Litigant:
This is to confirm the following settlement conference:
Case:
Cause No.:
Before:
Date & Time:

BRIAN GAINTNER VS. JENNIFUR GAINTNER


14-3-03909-2
Judge RONALD CULPEPPER, County-City Bldg, Room 210A
MONDAY, August 17, 2015 at 4:15PM

The court requires all parties to:


1.

Be personally present unless excused by the Judge;

2.

Deliver the pretrial information and any supplemental information to the


department conducting the settlement conference at least two business days
before the settlement conference: and

3.

Be fully prepared, with all discovery matters completed.

Please remember that failure to supply the settlement judge with appropriate forms in a timely
manner may result in the imposition of sanctions. For complete information regarding settlement
conferences, please refer to the Pierce County Local Rules.
Sincere

ANGELA EDWARDS
Judicial Assistant
CC: Pierce County Clerk for Filing

V O A M

JP

p y i^ .

For Petitioner
"'oner

.For
_____
,______
Respondent

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Courtroom number; 407


Calendar: C3 - SHOW CAUSE/FAMILY LAW
Run date/time 02/03/15 8:02
Ixcrtrpt.pbl dJoum a l_ e n try_ sh o w ca u se _re p o rt

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CRAIG S. ADAMS ~ ^ 0 & * * Z a *


Clerk:

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Show Cause

_______

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February 3, 2015 9:00 AM

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02-04-15
14-3-03909-2

44069442

ORSC

PJ

^} 7
jT
Superior Court of Washington
County of PIERCE
9
4 10
11
r 12

In re:

No.

BRIAN GAINTNER

Order on Show Cause re


Contempt/Judgment
(ORCN)

Petitioner,
and
JENNIFUR GAINTNER

Respondent

j 13

14-3-03909-2

Next Hearing Date:


Clerk's Action Required, H 3.10

14
I.

Judgment Summary

15
Applies as follows:

16
17

A.
B.
C.

18
19
20
21

D.
E.
F.
G.
H.
I.

22

23

J.
K.
L.

Judgment Creditor
Jennifur Gaintner
Judgment Debtor
Brian Gaintner
a) Principal judgment amount from 11/01/14 to 01/31/15 (Maintenance)
b) Principal judgment amount from 01/01/15 to 01/31/15 (Child Support)
c) Principal judgment amount for early withdrawal of 401 (k)
Interest to date of Judgment
Attorney fees
Costs
Other recovery amount
Principal judgment shall bear interest at 12% per annum
Attorney fees, costs and other recovery
amounts shall bear interest at 12% per annum
Attorney for Judgment Creditor Jason P. Benjamin
Attorney for Judgment Debtor
Daniel N. Cook
Other:

.C O
5:

OG6e4\^U
ETci o M t

$30?^
$

24
25

y ix
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 1 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010

FamilySoft FormPAK 2014

LAW OFFICES OF
( __ '
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7

r
1

II.

Findings and Conclusions!

This C o u rt F in d s :

3
2.1
4

N o t lh L _ o M E ^ n p r A 7 ~ 7 J J / S
7~?P 0
BRIAN GA in i ivltR intentionally tailed to comply with"a lawful'orders of the couil dated------OPJL1/03/P0.14.
" T a a o -JL
\ > GOT^\'<x!sMLq 1
A

5
6

W /J r
2 .2

7
8

Compliance With Court Order

h^

c o

, * ,

if a

y / a

'
a

/ s :

V JI

T lir ~nrrlrr h n i ntprt trr rhilrl nnppnrt nnrl nppusal maintenance.

2.3

How the Order was Violated

This order was\iolated in the following manner:

10

Child support:

11

Spousal m aintenance\ Husband owes $957.50 for November 2014, $1915 for
December 2014 and $144,5 for January 2015 for a total of $4287.50.

12

14

Husband owes $1085 for January 2015.

Husband failed to pay utilities'forcing wife to cash out 401 (k) incurring penalties.

13
2.4

J?

Past Ability to Comply With Order


4
BRIAN GAINTNER [ ] had X*f did not have the ability to comply with the order^asfollows:

15

f r t I Ia

i i i

^,

16
' 3 , t 2 , ly / 2 ) \ <^

17
18
19

2.5

Present Ability and Willingness to Comply With Order


BRIAN GAINTNER [ ] has j>^does not have the present ability to comply with the order
as follows:

20

21
22

23
24

BRIAN G A IN TN ER ^^has [ ] does not have the present willingness to comply with the
order as follows:

'VGfoAJL

\-^

c o M W v iti o o l

25
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 2 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010

FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7

t1

1
2.6

Back Child Support/Medical Support/Other Unpaid Obligations/Maintenance

2
BrianJGaintn&pfailed lu pay II re utl iei pdi ly the oum of $1,185 for child support for the
^period from 01)6^/15 through 01/31/15 ^

Brian Gaintner failed to pay the other party the sum of $^00TC04or maintenance for the
period from 11/01/14 through 01/31/15.
? K o .o O

4
5
2.7

<
' %

Compliance With Parenting Plan

6
Does not apply.

7
2.8
8

Attorney Fees and Costs


Q22a,M ^XSl lX

The-attorney fees and costs awarded in paragraph-379-belQW-have.b.eerLincurred and

aFe-reasOnaBle.

10

III.

11

it is O rd ered :

12

3.1

Order and Judgment

Contempt Ruling

13
14
15

[ ]

D o e s \o t apply

16

[ ]

(Name) BRIAN GAINTNER is to be confined in the (name of


county) \
County Jail.

17
18

[ ]

Confinement shall commence immediately and shall continue until


(date) \
or until the contempt is purged as set forth in
p a ra g ra p h \6 below, in which case the contemnor shall be released
im m ediately.^^

[ ]

Confinement is suspended as follows:

19

20
21

3.3

22

23
24
25

Additional Residential Time


Does not apply.

3.4

Judgment for Past Child Support


JENNIFURsGAINTNER shall have judgment against BRIAN GAINTNER in the amount
of $1,185 fonunpaid child support arrearages thereon for the period from 01/01/15
through 0 t/3 lH 5 .

Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 3 of 6


WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010

FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 253*512-1957

3.5

Does not apply.

3
4

Judgment for Past Medical Support

3.6

Judgment for Other Unpaid Obligations

3.7

Judgment for Past Maintenance

husband shall have judgment against Brian Gaintner in the amount of $1;207.D0 for
unpaid maintenance arrearages thereon for the period from 1^/01/14 through 01/31/15.

7
8

& 3 i3 3 0 .C 0

3.8

Conditions for Purging the Contempt


The contemnor may purge the contempt as follows:

10

11
12

3.9

Jennifur Gaintner shall have judgment against Brian Gaintner in the amount of $2,500
forattorneyfees. r \ ,

13
14

Attorney Fees and Costs

3.10

15

Review Date
Does not apply.

16

Other

17
18
19
20
21
22

23
24
25

3.12

Summary

This is a summary only. For the full text, please see RCW 26.09.430 through 2 6 . 0 9 . 4 8 0 ^ ^ (
If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
If the move is outside the child's school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60
days before the intended move. If the relocating person could not have known about
the move in time to give 60 days' notice, that person must give notice within 5 days after
learning of the move. The notice must contain the information required in RCW
26.09.440. See also form DRPSCU 07.0500, (Notice of Intended Relocation of A
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 4 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010

FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7

1
Child).

2
3

If the move is within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.

4
5

Notice may be delayed for 21 days if the relocating person is entering a domestic
violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health
and safety.

6
7
8

If information is protected under a court order or the address confidentiality program, it


may be withheld from the notice.
A relocating person may ask the court to waive any notice requirements that may put the
health and safety of a person or a child at risk.

9
Failure to give the required notice may be grounds for sanctions, including contempt.

10
11

If no objection is filed within 30 days after service of the notice of intended


relocation, the relocation will be permitted and the proposed revised residential
schedule may be confirmed.

12
13
14
15

A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.

16
17
18
19

The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.

20
21

W arning : Violation of residential provisions of this order with actual knowledge of its terms is
punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or

22
23
24

CRAIG ADAMS
COURT COMMISSIONER

25
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010

FamilySoft FormPAK 2014

) LAW OFFICES OF
JAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7

1
2
P r e s e n te d by:

A p p ro v e d fo r e n try :

Jason P. Benjamin, WSBA# 25133


Attorney for Respondent

Daniel N. Cook, WSBA# 34866


Attorney for Petitioner

3
4
5

6
7

8
9

10

11
12
13
14
15
16
17
18
19

20
21

22
23
24
25
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 6 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010

FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTC

February 09 2015 10:44 AM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2
3
4
5
6

SUPERIOR COURT OF WASHINGTON


COUNTY OF PIERCE

In re the M arriage of:

10

BRIAN GAINTNER

11
12
13
14
15
16
17
18
19

20

NO. 14-3-03909-2
Petitioner,

MOTION and DECLARATION


TO MODIFY TEMPORARY
ORDER RE MAINTENANCE

and

JENNIFUR GAINTNER
Respondent.

C O M E S N O W the Petitioner, BRIAN G A IN T N E R , by and through his attorney of


record, Daniel N. Cook, of FA U B IO N , R E E D E R , FR A LE Y & C O O K , P.S., and respectfully
moves the Court for an order to:
Eliminate or modify the spousal m aintenance ordered on October 30, 2014,
because the wife has obtained em ploym ent because the W ife has obtained
em ploym ent netting at least $ 2 ,0 0 0 per month. If the court does not eliminate
spousal m aintenance no more than $75 0 should be ordered which would be a
reduction of approximately $75 0 which would be appropriate in light of the wifes
em ploym ent netting at least $ 2 ,0 0 0 per month.
This motion is based upon a change in circumstances detailed in the Declaration
of Brian G aintner below and the records and files herein.

21
22

Respectfully submitted this - f

day of February 2015.

23
24
25

By: Daniel N. Cook, W S B A 34866


O f Attorneys for Petitioner

Motion to Modify/Enforce Temporary Order - Page 1 of 4


Gaintner, Brian and Gaintner, Jennifur
S:\C A S E S 1\G aintnei\D R A F T S \P leadings\M otion to M odify Tem porary O rder.docx

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

II. DECLARATION
2

My nam e is BRIAN G A IN TN E R , and I am the Petitioner in this matter. I make


3

this declaration based upon my knowledge and belief.


4
5
6

J E N N IF U R and I were married in 1992. W e separated in July 2013. W hen we


separated both J E N N IF U R and I w ere em ployed. I made between $ 8 0 ,0 0 0 and

$ 1 0 0 ,0 0 0 per year. JE N N IF U R m ade $ 4 0 ,0 0 0 per year.

w ere both employed since I earn more than JE N N IF U R I still helped her financially after

w e separated.

10
11

12

Even though JE N N IF U R and I

About six months after we separated JE N N IF U R was fired from her job due to
poor job performance. JE N N IF U R then collected unemployment for 6 - 1 0 months in
the am ount of almost $ 2 ,5 0 0 per month.

13

I continued helping JE N N IF U R financially after she lost her job. I voluntarily and
14

substantially assisted JE N N IF U R financially through the transition of our separation and


15

divorce for 18 months.


16
17
18

I was doing everything I could to assist J E N N IF E R but she did not find a job for a
year. Because I was paying all of her monthly bills J E N N IF E R S monthly expenses

19

w ere very minimal and I believe she saved substantial money during that period that I

20

w as paying all of her bills. Furthermore, she did not get a job for a full year because

21

she did not need to while I was paying all the bills and she was collecting

22

unemployment.

23
24

After J E N N IF U R S unemployment ran out I insisted that she get a job. I told her
that she could not expect me to support her forever. Her response was to take me to

25

court in Novem ber 2014. At that point w e had been separated for about a year and a
Motion to Modify/Enforce Temporary Order - Page 2 of 4
Gaintner, Brian and Gaintner, Jennifur
S :\C A SES 1\G aintner\D R AFTS\P leadings\M otion to M od ify Tem porary O rder.docx

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

half and I had been paying all of the monthly bills associated with the house plus
2

insurance.

I had also been paying the $83 0 per month bankruptcy payment w e have.

In Novem ber 2 0 1 4 financial circumstances were very bleak because by that point
4
5
6

J E N N IF E R S unemployment had run out. So the court imposed a very large child
support and spousal m aintenance obligation on me. But shortly after securing the

child support and maintenance order against me JENNIFUR did finally obtain a

job again. Her needs are now substantially decreased and the spousal

maintenance obligation should be terminated.

10
11
12

JE N N IF U R will likely complain that I have not paid all the spousal m aintenance I
w as ordered to pay or the bankruptcy payment I had been paying. This is because my
company went through a very bad spell of about two and a half months when my

13

revenue dropped substantially. I did not have the ability to pay in Decem ber and
14

January and the court m ade that finding at a contested hearing. I am not trying to keep
15

up beginning with February and I will try to reimburse J E N N IF U R for the m aintenance
16
17
18

from Decem ber and January as soon as possible. W e have a review hearing on the
contempt to monitor my efforts in that regard. But ongoing in the future the

19

m aintenance should be modified because J E N N IF U R S needs have substantially

20

decreased now that she is working.

21
22

23
24

I am not going to try and re-litigate my income at this point in time.

At the

contested hearing in Novem ber 20 1 4 the court found my net income to be $6 ,6 0 2 per
month. I think that is more than I actually m ake and at trial I reserve the right to show
that my net income is less than that.

But even assuming for purposes of this motion

25

that my income is $ 6 ,6 0 2 per month I do not have the ability to pay $1 ,5 1 4 in


Motion to Modify/Enforce Temporary Order - Page 3 of 4
Gaintner, Brian and Gaintner, Jennifur
S :\C A SES 1\G aintner\D R AFTS\P leadings\M otion to M odify Tem porary O rder.docx

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

m aintenance and $ 1 ,0 8 6 in child support. Most importantly, now that she has a job
2

J E N N IF U R does not have a need for $ 1 ,5 1 4 in spousal maintenance.


3

J E N N IF U R S financial declaration shows a need of $2,705 per month. I am


4
5
6

paying and I am not asking to modify child support in the amount of $1,086 per month.
J E N N IF U R is now working and on information and belief I allege that she is earning

$2,5 0 0 gross per month. That results in a net of $2,1 0 0 per month.

her earnings and the child support together she has a total of almost $3 ,2 0 0 per month

available to her and her stated needs are only $2,705.

10

spousal m aintenance at this time.

11
12

After adding the

The court should eliminate

JE N N IF U R will likely aruge that this is a long m arriage (20 years) but that does
not give her a lifetime lien on my earnings. I have already voluntarily and substantially

13

supported J E N N IF U R for two years since w e separated. The court should terminate
14

spousal m aintenance at this time, or at a minimum, drastically reduce it.


15
16
17

I D E C LA R E U N D E R P E N A LTY O F P E R JU R Y A C C O R D IN G T O A N D U N D E R TH E
LAW S O F TH E S T A T E O F W A S H IN G T O N T H E F O R E G O IN G IS T R U E A N D C O R R E C T .
Signed at Tacom a, W ashington, this V

day of February 2015.

18
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22

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24
25

Motion to Modify/Enforce Temporary Order - Page 4 of 4


G aintner, Brian and G ain tn er, Jennifur
S:\CASES1\Gaintner\DRAFTS\Pleadings\Motion to Modify Temporary Order.docx

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

February 09 2015 10:44 AM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPER IO R CO URT OF THE STATE OF W ASHINGTON


IN AND FOR PIERCE COUNTY

B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.

J E N N IF U R G A IN T N E R

R e s p o n d e n t(s )

TO T H E C L E R K O F T H E S U P E R IO R C O U R T A N D TO:

Name: JASON P BENJAMIN


Address: 1201 Pacific Ave Ste C7 TACOMA, WA 98402-4393

Phone: (253) 512-1196


Attorney for Respondent

P le a s e ta k e n o tic e th a t an is s u e o f la w in th is c a s e w ill be h e a rd on th e d a te a n d tim e s h o w n b e lo w :

Pierce County Superior Court, County-City Building - 930 T acom a A ve S - Tacom a, W A 98402

Motion - Modify Temp O rder


Calendar: Show Cause/Family Law

CALENDAR DATE: Monday, March 02, 2015 9:00 AM


W O R KING C O PIES S H A L L B E SU B M ITTED T O CO M M ISSIO N ER S S E R V IC E S RO O M 140,
B E F O R E 12:00 NOON TW O C O U R T D A Y S PRIOR T O H EARIN G

D ATED :

F e b ru a ry 9, 2 0 1 5 .

Signed:

/s / D a n ie l N C o o k

NAM E:

D a n ie l N C o o k

Phone:

(2 5 3 ) 5 8 1 -0 6 6 0

W SBA#:

34866

For:

A tto rn e y fo r P la in tiff/P e titio n e r

A D D R E S S : 5 9 2 0 1 0 0 th S t S W S te 2 5
L A K E W O O D , W A 9 8 4 9 9 -2 7 5 1

Note for Commissioners Calendar (ntc.rptdesign)

1 of 1

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON

February 23 2015 2:01 PM


KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPER IO R CO URT OF THE STATE OF W ASHINGTON


IN AND FOR PIERCE COUNTY

B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.

J E N N IF U R G A IN T N E R

R e s p o n d e n t(s )

TO THE CLERK OF THE SUPERIOR COURT AND TO:


Name: Daniel N Cook
Address: 5920 100th St SW Ste 25 LAKEWOOD, WA 98499-2751

Phone: (253) 581-0660


Attorney for Plaintiff/Petitioner

P le a s e ta k e n o tic e th a t an is s u e o f la w in th is c a s e w ill be h e a rd on th e d a te a n d tim e s h o w n b e lo w :

Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Show Cause

Nature of Hearing:

C o n te m p t

Calendar: Show Cause/Family Law

CALENDAR DATE: Monday, March 16, 2015 9:00 AM


WORKING COPIES SHALL BE SUBMITTED TO COMMISSIONERS SERVICES ROOM 140,
BEFORE 12:00 NOON TWO COURT DAYS PRIOR TO HEARING
DATED:

F e b ru a ry 23, 2 0 1 5 .

Signed:

/s / J A S O N P B E N J A M IN

NAME:

J A S O N P B E N J A M IN

Phone:

(2 5 3 ) 5 1 2 -1 1 9 6

ADDRESS:

1201 P a c ific A v e S te C 7

WSBA#:
For:

25133

T A C O M A , W A 9 8 4 0 2 -4 3 9 3

Note for Commissioners Calendar (ntc.rptdesign)

A tto rn e y fo r R e s p o n d e n t

1 of 1

E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING

February 23 2015 2:01 PM

1
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

3
4
5
S uperior C ourt o f W ashington
County o f PIERCE

In re:

BRIAN G AINTNER

No. 14-3-03909-2
Petitioner,

and

10

JENNIFUR G AINTNER
Respondent.

M otion/D eclaration fo r an O rd er to
Show C ause re
C ontem pt
(M TSC )

11

I. Motion

12

13

JENNIFUR G AINTNER moves the court for an order directing BRIAN G A INTNER to appear
personally before the court and show cause why an order should not be entered:

14

1.1

Finding Contempt

15
Finding contempt for failure to comply with:
16
the order of maintenance

17
other:
18
19

Temporary Order requiring husband to have utilities and mortgage current through
10/31/14.

20

Temporary Order requiring husband to pay the Chapter 13 Trustee $830 per month.

21

Signed by the court on 11/03/2014, in PIERCE County, WA.

22

1.2

23

Establishing a Judgment
Establishing a judgment in the amount of $457.50 plus $
interest for delinquent
maintenance and $
costs for the period from 02/01/2015 through 02/28/2015.

24

1.3

Granting Sanctions

25

Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 1 of 3


WPF DRPSCU 05.0100 (10/2009) - RCW 26.09.160

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Granting sanctions for contempt, including a forfeiture for each day the contempt of
court continues, and establishing conditions by which the contempt may be purged and
granting any other relief, including reasonable attorney fees and costs and make up
residential time, as may be appropriate under Chapter 7.21 RCW , Chapter 26.09 RCW,
Chapter 26.10 RCW , Chapter 26.26 RCW , and R C W 26.18.040.

3
4

Imprisonment is sought as a sanction.

5
1.4

O ther

Awards the wife a judgment for $2500 in reasonable attorney's fees and awards wife a
judgment for $1230 for the deductions for early withdrawal from her 401 (k).

7
8

Authorizes wife to file married but separate and to claim the child as a dependent and
the mortgage interest and to retain 10 0 % of any refund since husband, in bad faith, is
refusing to pay.

9
10

This motion is based upon the declaration which follows.

11

Dated:

12

U / J '%
/ ________________25133
Jasc/ P. benjamin, W SBA #25133
Sig/ature of Requesting Party or Lawyer/WSBA No.

13
II. D ecla ratio n
14
BRIAN G AINTNER should be held in contempt for the following reasons,

15
16

Failure to comply with the maintenance order which directed payment of maintenance in the
amount of $1915 per month as described below:

17

He has paid a total of $2872.50 for maintenance since 11/01/14 out of the $7,160 that
he owes ($1915 for November, December and January and $1415 per month
thereafter).

18
19

I have a judgment for November through January 2015, but he paid $957.50 towards
February 2015 maintenance and owes another $457.50 for February 2015.

20

Other:
21

He was ordered to have ALL UTILITIES except sewer current through 10/31/14.
22

23
24

He has still refused to bring DirecTv current and on December 18 or 19th I discovered
through a repairman that all the wires on my roof had been cut off. I was sent to
collections on the DirecTV and owed $349.66 which I paid out of my 401 (k). Please see
collection bill attached hereto.

25
Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 2 of 3
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1
2

Please see page 5 of his declaration attached hereto showing the he was aware that
DirecTV was a utility he was to have current pursuant to Commissioner Dicke's order of
November 3, 2014.
I have paid $4,150 to the bankruptcy trustee because Brian is refusing. Please see the
cashier's checks from Chase.

4
Also, I am seeking $2500 in attorneys' fees for the necessity of bringing this motion.
5
6

Brian is litigating in bad faith. I accept his proposed parenting plan, but now he tells me
he is going for 50/50 custody. I believe this is so he won't have to pay child support.

7
8

I declare under penalty of perjury under the laws of the state of Washington that the foregoing
is true and correct.

9
Signed at
10
11
12

13
14
15
16
17
18
19
20
21
22

23
24
25

Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 3 of 3


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Customize as desired

FamilySoft FormPAK 2015

Terms and Conditions (Remitter and Payee):


* Please keep this copy for your record of the transaction
* The laws of a specific state will consider these funds to be "abandoned"
if the Cashier's Check is not cashed by a certain time
- Please cash/deposit this Cashier's Check as soon as possible to
prevent this from occurring
- In most cases, the funds will be considered "abandoned"
before the "Void After" Date
* Placing a Stop Payment on a Cashier's Check
- Stop Payment can only be placed if the Cashier's Check
is lost, stolen, or destroyed
- We may not re-issue or refund the funds after the stop payment has
been placed until 90 days after the original check was issued
* Please visit a Chase branch to report a lost, stolen, or destroyed Cashier's Check
or for any other information about this item

FOR YOUR PROTECTION SAVE THIS COPY

Custom er Copy

CASHIER'S CHECK

1050425796
01/23/2015
Void after 7 years

Rem itter:

JENNIFUR M GAINTNER
$** 3,320.00 **

Pay To The
Order Of:

DAVID M. HOWE, CHAPTER 13 TRUSTEE


uitiwci
iu n u M n uriHOC
r\, N.A.
Drawer: jriv
JPMORGAN
CHASE dmim
BANK,

Memo:-------------------------------------------------------------------------------------------------Note: For information only. Comment has no effect on bank's payment.

NON NEGOTIABLE

Terms and Conditions (Remitter and Payee):


* Please keep this copy for your record of the transaction
* The laws of a specific state will consider these funds to be "abandoned"
if the Cashier's Check is not cashed by a certain time
- Please cash/deposit this Cashier's Check as soon as possible to
prevent this from occurring
- In most cases, the funds will be considered "abandoned"
before the "Void After" Date
* Placing a Stop Payment on a Cashier's Check
- Stop Payment can only be placed if the Cashier's Check
is lost, stolen, or destroyed
- W e may not re-issue or refund the funds after the stop payment has
been placed until 90 days after the original check was issued
* Please visit a Chase branch to report a lost, stolen, or destroyed Cashier's Check
or for any other information about this item

FOR YOUR PROTECTION SAVE THIS COPY

Custom er Copy

CASHIER'S CHECK

1050425922
01/31/2015
Void after 7 years

Rem itter:

JENNIFUR M GAINTNER
$** 830.00 **

Pay To The
Order Of:

DAVID M. HOWE, CHAPTER 13 TRUSTEE


uM
dwtji JPMORGAN
u r m o i t U H R CHASE
u n M O C BANK,
D H rm ,
Drawer:

Memo:-------------------------------------------------------------------------------------------------Note: For information only. Comment has no effect on bank's payment.

NON NEGOTIABLE

N.A.

afni

Date:

02/01/2015

Afni, Inc. Account #:

054156694-01

Creditor:

DIRECTV

Creditor Account #:

39574722

Balance:

$349.66

1310 Martin Luther King Drive


PO Box 3517
Bloomington, IL 61702-3517

wmv.afnicollections.com

COLLECTION NOTICE
This account has been placed with our agency for collection. We are requesting your assistance in resolving this matter. We may report
information about your account to credit bureaus.
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this
office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the
validity of the debt or any portion thereof, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a
copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will
provide you with the name and address of the original creditor, if different from the current creditor.
This is an attempt to collect a debt. Any information obtained will be used for that purpose. You have the right to inspect your credit.
This letter is from a debt collector.
Our office can be reached toll free at (877) 497-9052 Monday through Friday 7am-9pm and Saturday 8am - 12pm CT. For proper credit
on your account, please write this number 39574722 on your payment.
Payments can also be made anytime at DIRECTV.com or by calling 1-800-531-5000.
All conversations with Afni may be recorded.

C u s to m e r Serv ice an d
P a y m e n t In fo r m a tio n

S iL jp

Telephone Hours Are:


Monday through Friday 7am - 9pm CT
Saturday 8am - 12pm CT
(877)497-9052

Send Mail To:


DIRECTV
PO Box 78626
Phoenix. A7. 85062-8626

Detach and return bottom portion w ith yo u r payment. Please include y o u r A fni account # listed below on yo u r check.

^229T/0019987/0078~

PO Box 1637
Southgate, MI 48195
Afni. Inc. Account #
054156694-01
Creditor Account #
39574722

Creditor
DIRECTV
Balance
$349.66

02/01/2015
Toll Free: (877)497-9052

...................................... 'Hi''Jennifur M Gaintner


7601 76th Ave SW
Lakewood. WA 98498-6203

DIRECTV
PO Box 78626
Phoenix, AZ 85062-8626

lDDDDD3cf5747EE E DDEfi 00 3 4 Tbb D3Mclb b

FJ/ Page I o f I

Division of Assets and Liabilities Pending Dissolution and M aintenance.

Jennifur

and I do not have substantial assets. 1own my electrical business and we have a modest IRA.
Given the downturn in the economy in 2008 (particularly to the construction industry ), we had to
declare bankruptcy about one year ago. In the bankruptcy, our credit card debt was forgiven but
the 2007 Hyundai Tucson loan and house was not. I pay the trustee $830 per month on a balance
owing of $19,920.00. I have been paving this for the last year and a half and it is mv
j: .
.L
understanding that 1have another year and a half of payments (36 months total). 1am unsure
what would happen to the vehicle that Jennifur drives should I stop paying on this community
debt but 1 am checking with our bankruptcy attorney for direction.
For the past year since separation, I have paid my own personal expenses, including my
rent of $1,100, as well as the follow ing expenses for Jennifur:
a.
Mortgage on family home ($ 1,215 per months
__- bPAAll of ttftTutihties on lamilv home incufretTbv lennifur:
i.
ii.
iii.
iv.
v.

vi.
vii.

Electric:
Gas;
Sewer;

Water:
Garbaue:
Cable (Internet)
Direct TV

c. Vehicle insurance on vehicle Jennifur drives; and


d. Medical insurance for family including Jennifur
I simply cannot continue to support Jennifurs unemployment and pay all of her bills. It
has been almost a year since she lost her job at Lowe's and I do not believe she is even actively
looking for work. As of October, 2014, I had to stop paying for her satellite television, internet,
and garbage bill as I simply cannot afford it.

DECLARATION OF BRIAN GAINTNER - 5

have paid the mortgage on the family home that


Law' Office of

Jennifer A. Wing, PLLC


4041 Ruston Way, Suite 200
Tacoma, W'A 98402
253-627-1762

E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING
February 25 2015 9:30 AM

1
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

3
4
5
6

S u perior C ourt o f W ashington


County o f PIERCE

9
10
11
12

In re:

No. 14-3-03909-2

BRIAN GAINTNER

R E SPO N SIVE A R G U M E N T OF
JASON P. BENJAMIN
Petitioner,

and
JENNIFUR G AINTNER
Respondent. 1
4
3
2

13
14

1.

Petitioner filed a Motion to Modify a Temporary Order and consulted my paralegal,


Melissa Goins on the date for the hearing. Attorney Dan Cook emailed on February 4,
2015 suggesting the matter be heard on March 2, 2015. Ms. Goins responded minutes
later that I had two trials scheduled on that date. Regardless of this information, Attorney
Cook noted this hearing on March 2, 2015 when I am unavailable.

2.

I scheduled a hearing date for March 16, 2015 regarding Petitioners contempt of the
temporary orders. I offered that both matters be heard on this date since we are both
available and it would reduce attorneys fees and this Courts valuable time. Petitioner
refused.

3.

in addition, to this lack of professional courtesy regarding coordination of a mutually


agreeable date, this motion is brought without the standard financial documentation
required by the Court in making determinations for such a request. Specifically,

15
16
17
18
19
20
21

a.
b.
c.

22

23
24

4.

He has not provided an updated Financial Declaration


He has not provided his 2014 Tax Return
He has not provided updated bank statements.

It should also be noted that this Court made the previous order regarding spousal
maintenance factoring in the Respondent/Mother obtaining employment within a couple

25
ARGUM ENT

-1

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7

months. Specifically, Commissioner Dicke reduced spousal maintenance from $1,915 to


$1,415 beginning January 1, 2015 taking that factor into consideration:

1
2

3
4
5
6

Commissioner Dicke also factored this in with regard to child support and imputed income
to Respondent/Mother based at $13 per hour, full time. Respondent/Mother did as this
court intended and obtained employment earning $14 per hour.

7
8

The amount of imputed income is based on the following information in order of


priority. The court has used the first option for which there is information:

9
10

reiiabk-hisioricalTate ofpay information.

11

& i3 / h r (55 4 0
1

\AjAjk.

12

5.
13

Lastly, I should point out that Petitioner/Father has brought this motion with unclean hands
as outlined in the contempt motion filed separately herein. He should not be rewarded for
bad behavior.

14

15
Respectfully submitted this 24th
16
17
18
19
20
21

22

23
24
25
ARGUM ENT-2

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 - 5 1 2 -1 1 4 0 / Fx: 2 5 3 - 5 12 -19 5 7

FILED
IN COUNTY CLERKS OFFICE

CO

Q 2
H
C)
rt3

FES 2 4 2015

l.jj

14-3-03909-2

44188823

ORTSC

0 2 -2 5 -1 5

PIERCE COUNTY, WASHINGTON


KEVIN STOCK, County Clerk

i 4
in

by

Lfl

Superior Court of Washington


County of PIERCE

'i

^8

in
AJ 9

AJ

deputy

d 7
i'

________ *w_

10

No.

In re:
BRIAN G AINTNER

Petitioner,

11

and

12

JEN NIFUR G AINTNER

14-3-03909-2

Order to Show Cause re


Contempt
(ORTSC)
Clerk's Action Required

Respondent.

13
14

it is Ordered:

15

BRIAN G AIN TN ER shall appear in person before this court at the place and time below and
show cause why the relief requested in the motion should not be granted.

16
17
18

Date: March 16, 2015


Place: County-City Building

Time: 9:00 a.m.


Room: As assigned

If you fail to appear in person and defend at these proceedings the court may grant all of the
relief requested and/or issue a bench warrant for your arrest without further notice to you.

19
20

If imprisonment is requested in the motion and you cannot afford an attorney, you may request
the court to appoint an attorney to represent you.

21
22

23
241

25

Ord to Show Cause re Contempt (ORTSC) - Page 1 of 1


WPF DRPSCU 05.0150 Mandatory (6/2008) - RCW 26.09.160
FamilySoft FormPAK 2014

LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, SuiteC 7
Tacoma, WA 98402
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTC

February 25 2015 1:42 PM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2
3
4
5
6

SUPERIOR COURT OF WASHINGTON


COUNTY OF PIERCE

In re the M arriage of:

10

BRIAN GAINTNER

NO. 14-3-03909-2
Petitioner,

ARGUMENT OF COUNSEL
IN REPLY

11

and

12

JENNIFUR GAINTNER
Respondent.

13
14

C O M E S N O W Petitioner BRIAN G A IN T N E R by and through his attorney of record

15

DANIEL C O O K and submits the following argument in reply to argument of Respondents

16

attorney JASO N BENJAM IN.

17
18
19

I have known Mr. Benjamin professionally for many years and w e have had many
cases against each other.

Mr. Benjamin and I have a very cordial professional relationship.

Mr. Benjamin and I always accom m odate the schedules of each other so long as it does not

20

prejudice our clients.

M y experience with Mr. Benjamin has been that he often sets multiple

21

hearings on days he has trials schedules, my experiences is that Mr. Benjamin sometimes
22

sets multiple trials on the sam e day.


23

I did attempt to contact Mr. Benjamin and his paralegal to coordinate a mutually
24
25

acceptable hearing date.

Attached as Exhibit A is a true and correct copy of emails

REPLY ARGUMENT - Page 1 of 4


Gaintner, Brian and Gaintner, Jennifur
S :\C A SES 1\G aintner\D R AFTS\P leadings\R eply D eclaration fo r March 2 hearing.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

exchanged between Mr. Benjamins paralegal and me. W hen Mr. Benjamin said he was not
2

available on March 2 I suggested earlier days than March 2 and Mr. Benjamin was still not
3
4
5
6

available.
As shown on Exhibit A I explained to Mr. Benjamin the reason I wanted a hearing
early in March w as so that the change would be effective as early as possible and if the

m aintenance am ount was modified my client would know how much to pay. The Respondent

alleged my client was in contempt of the m aintenance order and the court did not find him in

contempt but set a review hearing in March. My client wants to ensure he is complying with

10

the m aintenance obligation but things are tight financially so if the amount changes in March

11

he wants to pay the right amount.

12

As shown on Exhibit A in light of the scheduling issues I asked Mr. Benjamin if we


13

agreed to do the hearing later in March (on the sam e day as the contempt review) would he
14

agree that the effective date of the change would be February and that if my client overpaid
15

because he paid the old am ount it would be credited against his back support owed for
16
17

D ecem ber and January.

Mr. Benjam ins paralegal said she would check with Mr. Benjamin

18

and would get back to me. I never received a response to my proposal even though Mr.

19

Benjamins paralegal promised to get back to me.

20

decided to just do the hearing on March 2 or if he agreed to my proposal or what. Finally on

21

February 24, 2015, after I received no response to the motion by the deadline I followed up

22

by email and as shown on Exhibit A indicated I was still willing to set over the hearing so long

23

I was not sure if Mr. Benjamin had

as w e could agree on February for the effective date if changed and that any overpayments

24

m ade by Mr. G aitner would be credited to back support.


25
REPLY ARGUMENT - Page 2 of 4
Gaintner, Brian and Gaintner, Jennifur
S :\C A SES 1\G aintner\D R AFTS\P leadings\R eply D eclaration fo r M arch 2 hearing.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

Regarding the

rem ainder of the

responsive argument,

Mr.

Benjamin

has mis-

scheduled the hearing in March.

The actual date of the review hearing is March 24, 2015.

The March 24, 2015, review date is stated multiple times in the order from the prior hearing.
4
5

Nevertheless, I would be willing to do both hearings on March 24, 2015, if it was clear the

effective date of the change (if modified) would be February 201 5 and any overpayment

would be credited to the amounts owed for January and Decem ber.

No 201 4 tax return has been filed so there is nothing to provide. There is no require to

provide bank statements in a motion related to spousal maintenance. His client provided no

10

bank statem ents in the original motion for spousal maintenance.

11

12

even mentioning this.

I am not sure why he is

My client is not alleging any changes to the Financial Declaration he

O c,7 0 3 Z filed in Novem ber 2014. There is nothing to update. My clients business was slightly worse

13

in 20 1 4 than 20 1 3 and he filed documentation of that fact. The last two months of the year
14

w ere extrem ely bad and that is why he got behind on m aintenance - but the court found he
15

did not have the ability to pay. But overall the year was not so much worse than 201 3 that he
16
17
18

needed to update his financial declaration.


Respondents attorney argues that the prior order contemplated Respondent returning

19

to work.

20

Respondent/wife returning to work.

21

does reduce after the first three months but that could be for many reasons - not necessarily

22

em ploym ent of the Respondent/wife. Significantly, the reduction in m aintenance was only by

23
24

That is simply not true.

Nothing in the prior order whatsoever mentions

There is simply nothing there at all. Yes, maintenance

$500 per month and Respondent/wife is now earning $2,426 per month.

So the change in

circumstances is far greater than the reduction in maintenance.

25
REPLY ARGUMENT - Page 3 of 4
G aintner, Brian and G aintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Pleadings\Reply Declaration for March 2 hearing.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

Regarding

the

unclean

hands

argument,

Petitioner/husband

w as

not found

in

contempt, the court specifically found he did not have ability to pay and Petitioner/husband
3
4
5
6

7
8

has been complying with the order to the best of his ability.

Petitioner /husband som e relief now that circumstances have changed and Respondents
income has gone from $0 to $2 ,4 2 6 per month. There is no bad faith here - only a desire to
obtain a change now that circumstances have changed.
This motion w as filed February 9 and w e first started trying to schedule a date on

February 4.

10

can argue the rest at the contempt review.

11

This motion is brought to afford

The effective date should be February 201 5 if modified and substantively we


Any overpayments will be credited to back

support. But Mr. Gaintner should not be prejudiced by having to wait until the end of March

12

to hear this motion when the effective date should be February 2015.
13

R E S P E C T F U L L Y S U B M IT T E D February 25, 2015.


14

LEY & C O O K PS
15
16

Attorney for Petitioner Brian Gaintner

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18
19
20
21
22

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24
25
REPLY ARGUMENT - Page 4 of 4
G aintner, Brian and G ain tn er, Jennifur
S:\CASES1\Gaintnet\DRAFTS\Pleadings\Reply Declaration for March 2 hearing.doc

FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660

Daniel Cook
From:
Sent:
To:
Cc:
Subject:

Daniel Cook
Tuesday, February 24, 2015 1:14 PM
'Melissa Goins'; Jason Benjamin
Sally DuCharme
RE: Gaintner

I never heard back about setting this matter over. It is still on the calendar for 3/2/2015 and today is the day for a
response. My offer is still good as stated in my 2/5/2015 email. But we have not received a response to the motion so I
am wondering where we are at?
From: Melissa Goins [mailto:melissa@attorneys253.com]
Sent: Thursday, February 05, 2015 11:00 AM
To: Daniel Cook; Jason Benjamin
Cc: Sally DuCharme
Subject: RE: Gaintner

I will check with JB and get back to ya :)


From: Daniel Cook fmailto:dcook@fir-law.com1
Sent: Thursday, February 05, 2015 10:59 AM
To: Melissa Goins; Jason Benjamin
Cc: Sally DuCharme
Subject: RE: Gaintner

We could set it for 3/24 which is the same day as the contempt motion in this case if we can agree that if modified the
effective date would be February. My client will make the payments he can and any overpayment (if modified) will be
credited to the back support he owes for December and January ($3,300+/- judgment entered this week). Jason will
have to okay that proposal, but it makes sense to me. Let me know if that works for Jason.

From: Melissa Goins [mailto:melissa@attorneys253.com1


Sent: Thursday, February 05, 2015 10:46 AM
To: Daniel Cook; Jason Benjamin
Cc: Sally DuCharme
Subject: RE: Gaintner

Oh, just read this... Is this one of those cases where we can agree to an un-prejudiced amount or something pending a
hearing? I'll have to check with Jason because I really don't know where else to put this :(
From: Daniel Cook fmailto:dcook@fir-law.com1
Sent: Thursday, February 05, 2015 10:22 AM
To: Melissa Goins; Jason Benjamin
Cc: Sally DuCharme
Subject: RE: Gaintner

My problem is I am in King County on March 3 and I am in Mexico (not on a case) on March 4-11. I could not do a reply
while I am gone. So that would push it to the middle of March and I wanted a ruling on the maintenance issue before we
got too far into March so my guy knows how much of a check to write for March.

From: Melissa Goins [maiito:melissa(5)attorneys253,com1


Sent: Thursday, February 05, 2015 10:18 AM

To: Daniel Cook; Jason Benjamin


Cc: Sally DuCharme
Subject: RE: Gaintner
He has trials on both those days... Looks like he has 3 other hearings as well on the 25th...
From: Daniel Cook [mailto:dcook@fir--law.com1
Sent: Thursday, February 05, 2015 10:03 AM
To: Melissa Goins; Jason Benjamin
Cc: Sally DuCharme
Subject: RE: Gaintner
Can we do February 25 or 26?
From: Melissa Goins fmailto:melissa(S)attornevs253.conn1
Sent: Wednesday, February 04, 2015 5:06 PM

To: Daniel Cook; Jason Benjamin


Cc: Sally DuCharme
Subject: RE: Gaintner
I will JB respond to the first paragraph :)
But I can teli you he has two trials on his calendar for March 2nd. March 3rd or 9th work. Safest bet is the 9th considering
his trial may go into a second day, but he usually tries to make it work.
Melissa
From: Daniel Cook [mailto:dcook@fir--law.com1
Sent: Wednesday, February 04, 2015 4:57 PM
To: Jason Benjamin
Cc: Sally DuCharme; Melissa Goins
Subject: Gaintner
Jason,
Just to confirm our conversation at the courthouse, Brian did put a check in the mail for all of February child support and
a little more than half of February maintenance. He will pay the remaining balance of maintenance before the end of
February. There is no need to incur attorney fees to bring a February contempt motion before it is even past due.
We are noting up a motion to terminate or modify maintenance. I was thinking March 2 for that date. Are you
available?
Sincerely,
Dan Cook
DANIEL N. COOK
Faubion, Reeder, Fraley & Cook P.S.
5920 100th Street SW, #25, Lakewood, WA 98499

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTO

February 25 2015 2:48 PM

KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2
3
4
5
6

SUPERIOR COURT OF WASHINGTON


COUNTY OF PIERCE

In re the M arriage of:

10

BRIAN GAINTNER

NO. 14-3-03909-2
11
12

and

JENNIFUR GAINTNER
Respondent.

13
14

C O M E S N O W the Petitioner, BRIAN G A IN T N E R , by and through his attorney of

15

record,

16

respectfully

17

MOTION TO COMPEL ANSWERS


TO INTERROGATORIES AND
RESPONSES TO REQUESTS FOR
PRODUCTION

Petitioner,

Daniel

N.

Cook,

moves the

of FA U B IO N ,

REEDER,

Court pursuant to

CR

37

FR A LE Y
for an

& C O O K,

P.S.,

and

Order compelling the

Respondent, to submit her answers and responses to Interrogatories and Requests for
Production. Petitioner also moves the court for an order setting a specific time and date

18

for an appraisal of the family home.

Further, pursuant to C R 37(a)(4), said Petitioner

19

moves the Court for an order allowing them reasonable attorney fees for having to bring

20

this Motion upon Respondents failure to m ake discovery in a timely fashion.

21

This motion is based upon the records and files herein the aforementioned Court
Rule and the Declaration of Daniel Cook attached hereto.

22

Respectfully submitted this

day of February 2015.

23

FA UBIO N, R E E D E R , FR A LEY,-& -C O O K , P.S.


24
25

By: Daniel N. Cook,


O f Attorneys for Petitioner/BRIAN G A IN T N E R
Motion to Compel -1
Gaintner, Brian and Gaintner, Jennifur
S:\CASES 1\G aintner\D R AFTS\P leadings\M otion fo r O rder to Com pel.doc

FAUBION, REEDER,
FRALEY, & COOK, P.S.
5920 100th St. SW #25
Lakewood, WA 98499
253-581-0660

DECLARATION
2

My nam e is Daniel Cook and I am the attorney of record for the Petitioner BRIAN
3

G A IN T N E R in this matter. Jason Benjamin represents JE N N IF U R G A IN T N E R .

In this

4
5
6

declaration I will refer to the parties as Brian and Jennifur for convenience and to avoid
confusion and do not intend any disrespect.

On or around D ecem ber 18, 2015, I sent Jennifurs attorney the Petitioners

Interrogatories and Requests for Production by e-m ail. Attached as Exhibit 1 are a true

and correct copy of the e-m ail transmission and of Petitioners Interrogatories and

10

Requests for Production. These requests w ere also sent by legal m essenger to Jason

11

Benjamin, 1201 Pacific Avenue S T E C7, Tacom a, W A 98402. Attached as Exhibit 2 is

12

a copy of the legal m essenger slip showing that the Interrogatories and Requests for
13

Production of Documents w ere received at the Law Offices of Benjamin and Healy on
14

Dec. 22, 201 4. The Interrogatories and Requests for Production I sent clearly stated a
15

due date of January 20, 2015.


16
17

On February 3, 201 5, I spoke with Jennifurs attorney for a discovery conference

18

at the courthouse. Jennifurs attorney said he would have the requested information to

19

me by February 13, 2015.

20

attorney confirming our conversation.

21
22

23
24

To

date,

G A IN T N E R .

no

Attached as Exhibit 3 is a copy of my e-mail to Jennifurs

discovery

responses

have

been

received

from

JE N N IF U R

My client should receive fees and costs associated with our efforts to

procure discovery responses that w ere not provided in a timely manner.


I sent a

Request for Notice of Entry Upon

Land pursuant to C R

34 to

25

J E N N IF U R S attorney on Decem ber 30, 2014.


Motion to Compel - 2
Gaintner, Brian and Gaintner, Jennifur
S:\CA SES 1\G aintner\D R AFTS\P leadings\M otion fo r O rder to C om pel.doc

Attached as Exhibit 4 is a copy of my


FAUBION, REEDER,
FRALEY, & COOK, P.S.
5920 100th St. SW #25
Lakewood, WA 98499
253-581-0660

Notice. This Request for Notice of Entry Upon Land pursuant to C R 34 was received by
2

J E N N IF U R S attorney on January 2, 2015.

I sent an order to my appraiser to get the

home appraised.

M y appraiser attempted to contact JE N N IF U R and schedule an

4
5
6

appointment but JE N N IF U R has refused to call my appraiser back.

court a specific date and time for the Appriasal which is convenient for my appraisers
schedule.

None of this should have been necessary.

in attorney fees for the necessity of bringing this motion.

10
11

I am asking the

I am asking the court to award $750

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE


STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT.

12

13

Signed at / / 9 C O P ^

, W A, on February

14
15
16

Attorney for Petitioner/BRIAN G A IN T N E R

17
18
19
20
21
22

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24
25

Motion to Compel - 3
G aintner, Brian and G aintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Pleadings\Motion for Order to Compel.doc

FAUBION, REEDER,
FRALEY, & COOK, P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660

Sally DuCharme
From:
Sent:
To:
Cc:
Subject:
Attachments:

Sally DuCharme
Thursday, December 18, 2014 2:58 PM
'Jason Benjamin'; 'Melissa Goins'; 'Elaine Andrus'
Daniel Cook; Sally DuCharme
Gaintner Dissolution
2014.12.18 Itr to OC.pdf; Rogs and RFP to OP.pdf

Mr. Benjamin, Melissa and Elaine, please find attached correspondence from Dan Cook in this matter. Also attached are
Mr. Gaintner's Interrogatories and Requests for Production of Documents.
Sally DuCharme
Legal Assistant to Daniel N. Cook
Faubion.Reeder, Fraley &Cook P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
(253)581-0660 phone
(253) 581-0894 fax
s d u ch atm e@ fir-law .cQ m

This communication including any attachments contains information that may be confidential and/or protected by attorney-client
privilege or work-product doctrine, in addition, you are not authorized to print, copy, retransmit, disseminate, or otherwise use this
information in any fonn without first receiving specific written permission from the author of this communication. If you are not the
intended recipient, please notify Daniel Cook and delete this message.

1
2

3
4
5
6

7
8

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR THE COUNTY OF PIERCE

9
10

In re the Marriage of:

NO. 14-3-03909-2
11
12

13

BRIAN GAINTNER
Petitioner,
and

INTERROGATORIES AND
REQUESTS FOR PRODUCTION
DUE DATE: Januarv 20.2015

JENNIFUR GAINTNER
Respondent.

14
15
16

ASKING PARTY:
AN SW ER IN G PARTY:

BRIAN G AINTNER, PE TITIO N E R


JE N N IFU R G AINTN ER, R E SP O N D EN T
AN D JASON BENJAMIN, W SBA #25133

17

IN S T R U C TIO N S TO BOTH PARTIES

18
19

These interrogatories are intended to provide for the exchange of relevant

20

information without unreasonable expense to the answering party. They do not change

21

existing law relating to interrogatories nor do they affect the answering partys right to

22

assert any privilege or make any objection. Privileges must be asserted.

23
24
25

If asked to ID EN TIFY A PERSO N , give the persons name, last known residence
and business address, telephone numbers, and company affiliation at the date of the
transaction referred to.
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 1 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Galntner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phong: (253) 581-0660

If asked to IDENTIFY A DO CUM ENT, attach a copy of the document unless you
2

explain why not. If you do not attach the copy, describe the document, including its date
3

and nature, and give the name, address, telephone number, and occupation of the
4
5

person who has the document.


DEFIN ITIO N S

7
8

10

11
12

PERSON includes a natural person, partnership, any kind of business, legal, or


public entity, and its agents or employees.
D O C U M E N T means all written, electronic, recorded, or graphic materials,
however stored, produced, or reproduced.
ASSET or PR O P ER TY includes any interest in real or personal property. It also
includes, but is not limited to, any interest in a pension, profit-sharing, or retirement

13

plan, whether vested or not, as well as bank accounts, credit union accounts, brokerage
14

accounts, stocks, bonds, mutual funds, or any other rights or claims.


15

DEBT means any obligation, including debts paid since the date of separation.
16
17
18
19
20

INCO M E means money from any source, whether wages, self-employment,


dividends, interest, capital gains, support, state aid or otherwise.
SU PP O R T means any benefit or economic contribution to the living expenses of
another person, including gifts.

21

You must answer these interrogatories under oath within 30 days, in accordance

22

with Court Rule 33 and 34. Y O U HAVE A C O N TIN U IN G DU TY TO SUPPLY UPDATED

23
24

IN FO R M A TIO N AS SO O N AS Y O U R REC EIVE IT.


You must furnish all information you have or can reasonably find out, including all

25

unprivileged information of your attorneys or under your control. If you dont know, say so.
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 2 of 13
Gaintner, Brian and Gaintner, Jennifur
S :\C A SES 1\G aintneAD R A FTS\D iscovery\R O G sandR FPstoO P.doc

FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660

1
If an interrogatory is answered by referring to a document, the document must be

2
attached as an exhibit to the response and referred to in the response. If the document
3
4
5

has more than one page, refer to the page and section where the answer can be found.
If an interrogatory cannot be answered completely, answer as much as you can,

state the reason you cannot answer the rest, and state any information you have about the

unanswered portion.

OATH

8
9

10
11

12

Your answers to these interrogatories must be under oath, dated, and signed.

DISCOVERY CONFERENCE
If answers to these interrogatories and requests for production are not received
by January 20, 2015, a telephone discovery conference (CR 26) is hereby scheduled for

13

January 22, 2015, at 1:30 p.m. If the Responding Party is not available on this date, the
14

Responding Party shall promptly contact Daniel Cook to reschedule the conference to a
15

mutually agreeable date and time.


16
17

Dated December 18, 2014.

FAUBION, REEDER, FRALEY & CO O K P.S.

18
19

By: DANIEL N. COOK, W SBA #34866


Of Attorneys for Petitioner

20

21

INTERROGATORIES AND REQUESTS FOR PRODUCTION

22
23

1. Personal History. State your full name, current residence and work addresses,
social security number, date of birth, any other names you have used and the dates
during which you used each name.

24
25
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 3 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253)581-0660

1
2

2. Current Employment. W here are you currently employed? For your current job, list
your job title, hours worked, rate of pay (wage or salary), and months or years on the job.

3
4
5

3. Work History. W hat types of jobs have you held in the past? For each job, list your
job title, hours worked, rate of pay (wage or salary), and months or years on the job.

8
9

4. Education. W hat is the highest level of education that you have achieved? If you

10

have attended college or vocational school or earned a degree beyond a high school
diploma or GED, list your area of study or type of vocation or degree earned.

11
12
13
14

5. Job Search. For each and every job, employment opportunity, internship, or
volunteer position have you applied for since July 2013? List the following:

15

a. The title of the position you applied for.

16

b. The name and address of the potential employer.

17
18

c. The method of applying (written resume and/or application; online resume


and/or application; telephone inquiry; or in-person contact, etc.)

19

d. Salary

requirements you presented to the potential


Supplem ent this interrogatory on a m onthly basis.

employer.

20
21
22
23
24

6. Persons Sharing Residence. State the name, date of birth, and relationship to you
of each person at your present address and their gross monthly income.

25
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 4 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660

1
2
3

7. Support Received for Others. State the name, age, address, and relationship to
you of each person for whom you have received support during the past twelve months,
the amount received per month for each person and the source of the support.

4
5

6
7

8. Current Income. Identify all income you have received during the past twelve
months, its source, the total amount received from each source and the information you
used to answer this question.

8
9

10
11
12
13

9. Other income. During the past twelve months have you received support,
compensation, gifts or other cash or property from any source other than those
identified in the questions above? If so, list the type of support, compensation, gifts, or
other cash, the date received, the source and the value of the property. Attach copies of
all documents supporting your answers.

14
15
16
17
18

10. Banking Accounts: Please identify each and every bank account in which you have
any interest, whether checking, savings, investment, retirement, educational, and
regardless of whose name appears on the account. State, the name and address of the
financial institution, the account number, the balance in the account as of the date of
separation, and the current balance in the account.

19

20

21
22
23
24

11. Attorney Fees. State the total amount of attorney fees and costs incurred by you in
this proceeding, the amount paid, the source of money paid, and describe the billing
arrangements.

25
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 5 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660

1
2

12. Witnesses. State the names, addresses, and telephone numbers of any lay or
expert witnesses with knowledge of any facts of this case and whom you reasonably
expect to testify at trial.

3
4
5

6
7

13. Agreements. W ere any agreements between you and your spouse made before or
during your marriage or after your separation that affect the disposition of assets, debts,
or support in this proceeding? If yes, for each agreement state the terms, the date
made, whether it was written or oral and attach a copy of the agreement or describe its
content.

8
9

10

11

14.Legal Actions. Are you a party or do you anticipate being a party to any legal or
administrative proceeding other than this action? If your answer is yes, state your role in
the proceeding and the name, jurisdiction, case number and brief description of each
proceeding.

12
13
14
15
16

15. Property Values. For every asset worth more than $500, please state the basis of
the value claimed on the attached Schedule of Assets. During the past 24 months, have
there been any appraisals or offers to purchase any of the assets listed in your
Schedule of Assets and Debts? If yes, identify the asset and state the amount and
source of the appraisal or offer. Attach a copy of each appraisal or offer.

17
18
19

16. Separate Property or Debts. Identify each property or debt you admit or claim is
the separate asset or debt, whether in whole or in part, of either you or your spouse and
state all the supporting facts.

20
21

22
23

17. Property Held by Others. Is there any property titled in another person or entitys
name, or held by anyone but you or your spouse in which either of you has any interest
or control? If yes, state whether the property is shown on the Schedule of Assets and
Debts completed by you. If not, describe and identify each such asset and state its
present value and the basis for your valuation, and identify the person holding the asset.

24
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 6 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660

1
2

3
4

1 8. Retirement and Other Benefits. Do you have an interest in any disability,


retirement, profit sharing, or deferred compensation plans, or any tax deferred
retirement savings account (e.g., IRA, 401 (k), 403(b), KEOGH, VIP)? If your answer is
yes, state the name and value of each plan and the name, address, and telephone
number of the plan administrator and custodian of records.

5
6

19. Disproportionate Award. Will you claim you should be awarded more than 50% of
the marital estate? If yes, please state all of the support facts for your request.

7
8

9
10

20. Claims of Reimbursement. Do you claim the right to be reimbursed by your spouse
for any expenditures of your separate or community property? If your answer is yes,
state the claim and all the supporting facts.

11

12

13
14
15

21. Credits for Reimbursement. Do you claim reimbursement credits for payments
made by you on community debts since the date of separation? If yes, identify the
creditor and state the date of the payments, the amount paid, the source of funds used
to make the payments and any amounts you have added to the debt since the
separation from your spouse.

16
17
18
19

22. Insurance. Identify each health, life, automobile, and disability insurance policy or
plan that you now own or that covers you, your children, or your assets. State the
insurance company, policy type, policy number and the insurance agents name,
address and phone number.

20

21
22

23

23. Police Reports. State the date, type of incident, and outcome of each incident in
which you, or any adult member of your household, were identified either as a victim or
a suspect in a matter involving alleged violation of any State or Federal law.

24
25
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 7 of 13

Gaintner, Brian and Gaintner, Jennifur


S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.

5920 100th Street SW, Suite 25


Lakewood, WA 98499
Phone: (253) 581-0660

1
2

24. Monthly expenses. State the amounts paid on an average monthly basis for the
following expenses of your household.

Rent/Mortgage:

Parking:

Taxes/lnsurance mortgage): (if


not included in

Health care insurance:

Heat:

Uninsured dental, orthodontic


and eye care expenses:

Electricity:

Other uninsured
expenses:

Water/Sewer/Garbage:

Clothing for you and/or your


spouse:

Telephone:

Hair care and personal care for


you and/or your spouse:

Cable:

Clubs and recreation for you


and/or your spouse:

Food:

Education for you and/or your


spouse:

Supplies (e.g., paper, pets)

Books, newspapers, photos:

Meals eaten out:

Gifts:

Daycare/Babysitting:

Life insurance:

19

Childrens Clothing:

Debts or other expenses:

20

Tuition (if any):

Debts or other expenses

21

Vehicle payments/leases:

Debts or other expenses

22

Vehicle insurance/licenses:

Debts or other expenses

23

Vehicle
maintenance:

Debts or other expenses

4
5
6

7
8

10
11

health

care

12
13
14
15
16
17
18

24

gas/oil/ordinary

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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 8 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.

5920 100th Street SW, Suite 25


Lakewood, WA 98499
Phone:(253)581-0660

SCHEDULE OF ASSETS AND DEBTS


2

3
4
5
6

Please list all assets, whether personal or real property, or separate or community
property.

Assets:
Identify
the asset:

Date
acquired:

Amount Paid
At Purchase:

Source of
Funds:

Purchase
price:

Current
value:

7
8

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10
11

12

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22

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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 9 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.

5920 100th Street SW, Suite 25


Lakewood, WA 98499
Phone: (253) 581-0660

Please list all debts, whether separate or joint.


2

Debts:
3
4

Creditors name
and address:

Asset/Reason to
acquire debt:

Date of
Transaction(s):

Balance due on
July 2013

Current
Balance due

5
6

7
8

9
10
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12

13
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15
16
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19
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22

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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 10 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.

5920 100th Street SW, Suite 25


Lakewood, WA 98499
Phone: (253)581-0660

REQUESTS FOR PRODUCTION


2

3
4
5
6

7
8

9
10
11
12

13
14
15
16
17
18
19
20
21
22

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25

1. Complete income tax returns, with all related forms, schedules, worksheets and
attachments (e.g., W-2s, Schedule A, etc.) filed during the last two years in your
name (or on which you were named as a dependent), or in the name of any or
organization in which you had more than a 5% interest.
2. All records evidencing any income you, or any adult member of your household,
have received as ordinary wages and salary or which indicate a right to receive any
income during the past four months, and during the last four months of your most
recent employment.
3. All records evidencing any income you have received other than income received
from your ordinary wages and salary or which indicate a right to receive any income
during the past twelve months.
4. All banking account statements for the past 18 months for any and all bank accounts
identified above (Interrogatory 12), or any other account in which you claimed any
ownership or upon which you had signature privileges from June 2013, to the
present.
5. All account statements for any and all debts you owe, individual or jointly with
another person, including but not limited to: credit cards, retail merchant accounts,
mortgage, home equity lines, or other credit accounts from June 2013 to the present.
6. All periodic statements for the past 12 months and all plan summary documents for
any and all retirement or other benefits identified above (Interrogatory 19), or any
retirement, disability or other benefit in which you claimed any ownership or upon
which you had signature privileges during the marriage.
7. All documents verifying your answers to interrogatory number 5 Gob search efforts
since date of separation).
This includes copies of all applications you have
submitted, emails sent to potential employers and letters/email responses received
back from potential employers.
8. All police reports in which you, or any adult member of your household, were
identified either as a victim or a suspect in a matter involving alleged violation of any
State or Federal law.
9. All documents which will be exhibits at trial, or which you reasonably intend to use at
trial for any purpose.
10. All reports of any private investigator you have hired in connection with this matter.
11 .All reports of experts you reasonably expect to call to testify at trial.
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 11 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660

CERTIFICATE OF FORWARDING
2

I, the undersigned, forwarded the foregoing Interrogatories and Requests for


Production to the attorney for Respondent on December 12, 2014.

4
5

DANIEL COOK
W SBA No 34866

7
VERIFICATION OF RESPONSES
8

STATE OF W A SH IN G TO N

9
C O U N TY O F ___________

)
) ss.
)

10
11
12

13
14
15
16
17

JENNIFU R G AINTN ER, being first duly sworn upon oath, deposes and says:
That she is the Respondent in the above-entitled action. And that:
1) I am the individual to whom these interrogatories are addressed,
2) I have read the foregoing answers to the interrogatories and know the
contents thereof,
3) The foregoing answers to the interrogatories and responses to requests for
production of documents are true, correct and complete, and
4) I have used reasonable diligence to obtain and provide all documents
requested in the requests for production and to the extent not produced the documents
do not exist, are not under my control, or could not be obtained with reasonable
diligence.

18
19

SUBSCRIBED AND SWORN before me th is___ day o f _______________ , 201

20
21

JE N N IFU R G AINTN ER

22

N O TA R Y PUBLIC in and for the State of

23

______________, residing a t:___________

24

My commission expires:______________

25
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 12 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.

5920 100th Street SW, Suite 25


Lakewood, WA 98499
Phone: (253) 581-0660

CERTIFICATION OF COMPLIANCE AND FORWARDING


2

3
4
5
6

I hereby certify that I have read the foregoing Answers to Interrogatories and
Responses to Request for Production, that they are in compliance with CR 26(g)(1, 2 &
3) and that the original of the Answers to Interrogatories and Responses to Request for
Production have been forwarded by mail or messenger on the date stated below to the
Asking Party.

Date

JASON BENJAMIN, W SBA #25133


ATTO R N EY FOR R ESPO N D EN T

9
10
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 13 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc

FAUBION, REEDER,
FRALEY & COOK P.S.

5920 100th Street SW, Suite 25


Lakewood, WA 98499
Phone: (253) 581-0660

O O 0
MESSENGER SERVICE

LAST DAY

(, U C A l SCRVICIS

abclegnljcom

SEATTLE
910 5TH AVE.
SEATTLE, WA 98104
PH: 206^23-8771
206-682-1675
1-800-736-7295
FAX: 206-625-9247
8 ea@abcl0gal.com

TACOMA
943 TACOMA AVE SO
TACOMA, WA 98402
PH: 253-383-1791
1-800-383-1791
PAX: 253-272-9359
tac@abclegal com

FIRM NAME

PHONE

Routine

EXT #

OLYMPIA
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OLYMPIA. WA 98501
PH: 360-154-8595
1-800-828-0199
FAX 360-357-3302
oly@abclegal com

EMAIL (SECRETARY)

' 253.581.0660

; Faubion, Reeder, Fraley & Cook, P.S.

DATE/TIME

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10655 NE 4lh
Suite L101
BELLEVUE, WA 96004
PH: 425-455-0102
FAX: 425-455-3153
bel@abclegal com

sducharme@fjr-law.com

AODRESS

ATTY

SECRETARY

5920 100th Street SW, Suite 25

DNC

Sd

CASE NAME

YOUR A0C ACCT NO

Gaintner, Brian and Gaintner, Jennifur


CAUSE NO

CLIENT MATER #

DATE

12/18/2014

14-3-03909-2
DOCUMENTS

Note for Motion Docket on Dec 12 - trial setting; Interrogatories and Requests for Production of Documents
SIGNATURE REQUIRED
ON DOCUMENTS
OTHER INSTRUCTIONS

'

RETURN CONFORMED
ABC SLIP ONLY

Jason Benjamin
Law Offices of Jason Benjamin
1201 Pacific Ave Ste C7
Tacoma, WA 98402-4393

Y
A

RETURN CONFORMED
COPY

CONFORM ORIGINAL
DO NOT FILE

RECEIVED
DEC 22 i m

FILING

LAW OFFICES OF
BENJAMIN & HEALY, P.L.L.C.

COUNTY

SUPERIOR
COURT

DISTRICT COURT (INDICATE


DISTRICT}

AUDITOR

APPEALS
l-SCA

uTAC

FEDERAL COURT
CiVIL

BANKRUPTCY

SEA

TAC

STATE
SUPREME
COURT

sec
STATE
CORP

THIS FORM NOT FOR PROCESS

ABC Legal Services, Inc (ABC) assumes no liability for errors caused in whole or in pari by the improper Idling out of Ibis messenger service request form, including bul nol limited to, omission of a
last day date/timo. filings nol marKod in Iho proper and designated filing d o x o s , illegible print or script, etc AM messenger requests aro doubl-checked for accuracy and completion prior to returning
to the requestor, however, it is the responsibility of tho requestor to also check me completed loquost form for accuracy and lo notify us immediately if rhoro oro any questions or discrepancies
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Usage of this form constitutes a contract between Uw requestor and ABC and acknowledgment and acceptance by the requestor of the terms set forth above

* 1 0 3 '7

ABC Legal Services ABCS*) 3 0

EXHIBIT

Sally DuCharme
From:
Sent:
To:
Cc:
Subject:

Daniel Cook
Wednesday, February 04, 2015 4:58 PM
Jason Benjamin
Sally DuCharme; Melissa Goins
Gaintner - discovery

Jason,
This message is to confirm our discovery conference at the courthouse yesterday. We discussed the past-due discovery
in this case (due January 20, 2015) and you said you needed another week to get the information to me. Please have
the information to me by Friday, February 13, 2015.
Thank you.
Sincerely,
Dan Cook
DANIEL N. COOK
Faubion, Reeder, Fraley & Cook P.S.
5920 100th Street SW, #25, Lakewood, WA 98499
Telephone: 253-581-0660
Facsimile: 253-581-0894
www.fir-law.com

This e-mail may contain confidential attorney-client privileged material that is for the intended recipient only. The
sender does not waive confidentiality or privilege by mistransmission. If you are not the intended recipient, do not copy,
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you.

1
2

3
4

5
6

7
8

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR THE COUNTY OF PIERCE

10
11

In re the Marriage of:

12

BRIAN GAINTNER

NO. 14-3-03909-2
13
14
15
16

Petitioner,
and

CR 34 NOTICE TO PERMIT ENTRY


UPON LAND

JENNIFUR GAINTNER
___________________________Respondent.
TO:
AND TO:

JENNIFUR GAINTNER
JASON BENJAMIN, Attorney of Record

17

PLEASE TAKE NOTICE that, pursuant to Civil Rule 34, you are hereby requested in
18

connection with the above-entitled cause of action that at a time to be determined by the

19

appraiser and to be subject to continuance or adjournment from time to time or place to place

20

until completed, you permit Petitioner and/or his designee entry upon land commonly known

21

as and situate at 7601 - 76th Ave SW, Lakewood W A 98498, for the purpose of real property
appraisal.

22
23

Dated: December 30, 2014

FAUBION, REEDER, FRALEY & COOK, P.S.

24

By'DanielTT Cook, W SBA 34866


O f Attorneys for Petitioner

25
Request To Permit Entry Upon Land - Page 1

Gaintner, Brian and Gaintner, Jennifur


S:\CASES1\Gaintner\DRAFTS\Disco\zery\Notice for Entry Upon Land.doc

FAUBION, REEDER, FRALEY &


COOK, P.S.

5920-100 Street SW, Ste 25


Lakewood, WA 98499
253-581-0660

L/\. null

%t f t v i c t t

O ^

SEATTLE
910 5THAVE.
SEATTLE, WA 98104
PH: 206-623-8771
206*662-1675
1-600-736-7295
FAX: 206-625-9247
*oa!&*ibctciHaaf.coni

TACOMA
943 TACOMA AVE SO
TACOMA, W A 98402
PH: 253-383-1791
1-800-383-1791
FAX: 253-272-9359
tac@abclegal,com

OLYMPIA
119 W LEGION WAY
OLYMPIA, WA 90501
PH: 360-154-6595
1-800-B28-0199
FAX: 360-357-3302
oly@abclegal com

EVERETT
2927 ROCKEFELLER
EVERETT, WA 98201
PH: 425-258-4591
1-000-869-7785
FAX: 425-252-9322
eve@abciegal com

BELLEVUE
10655 NE 4th
Suite L101
BELLEVUE, WA 98004
PH: 425-455-0102
FAX: 425-455-3153
bel@abclegal com

WSSCXM* S6AWCS

FIRM NAME

LAST DAY

Faubion,

DATE/TIME

ADDRESS

ATTY

SECRETARY

5920 100th Street SW, Suite 25

DNC

sd

CASE NAME

YOUR ABC ACCT NO

Routine

EXT#

PHONE

Reeder, Fraley & C ook, P.S.

EMAIL (SECRETARY)

253.581.0660

sdu ch3rm e@ fjM aw .com

G aintner, B rian and G aintner, J en nifur


CAUSE NO

DATE

i CLIENT MATER #

12/3172014

14-3-03909-2
DOCUMENTS

Notice to Permit Entry Upon Land dated 12/30/2014


SIGNATURE REQUIRED
ON DOCUMENTS
OTHER INSTRUCTIONS

RETURN CONFORMED
I COPY

RETURN CONFORMED
ABC SLIP ONLY

Jason Benjamin

CONFORM ORIGINAL
? DO NOT FILE

13

Law Offices of Jason Benjamin


1201 Pacific Ave Ste C7
Tacoma, WA 98402-4393

0
3
E

SUPERIOR
COURT

DISTRICT COURT (INDICATE


DISTRICT)

APPEALS

ISE*

FEDERAL COURT

CIVIL

| OamMUPTCY

STATE

sec

COURT

cow*.

l__________ i_____I--------

THIS FORM NOT FOR PROCESS

ABC Legal Services, Inc, (ABC) assumes no liability fen- errors caused in whole or in part by the improper filling ouf of this messenger service request form, including but not limited to, omission of a
last day dateAime, filings not marked in the proper and designated tiling boxes, Illegible print or script, etc. All messenger requests are double-checked for accuracy and completion prior to returning
to the requestor, however; it is the responsibility of the requestor to also check (no compleled request form for accuracy and to notify us immediately if there are any questions or discrepancies.
Usage of ihis form constitutes a contract between the requestor and ABC and acknowledgment and steeplenco by the requestor oi Itie terms cat forth above

a
ABC Legs! Service, ABCS*' 3.0

E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
February 25 2015 2:48 PM
KEVIN STOCK
COUNTY CLERK

NO: 14-3-03909-2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON


IN AND FOR PIERCE COUNTY

BRIAN GAINTNER
No. 14-3-03909-2
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.

JENNIFUR GAINTNER
Respondent(s)

TO THE CLERK OF THE SUPERIOR COURT AND TO OPPOSING PARTY:


Name: JASON P BENJAMIN
Address: 1201 Pacific Ave Ste C7 TACOMA, WA 98402-4393

Phone: (253) 512-1196


Attorney for Respondent

Please take notice that the undersigned will bring on for hearing a motion for:

Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion
Nature of Hearing: Compel
Calendar: KATHERINE M. STOLZ

CALENDAR DATE: Friday, March 13, 2015 9:00 AM


WORKING COPIES SHALL BE DELIVERED TO THE COURT PURSUANT TO PCLR 7 (a) (7)
PARTY SETTING HEARING SHALL CONFIRM BY NOON TWO COURT DAYS PRIOR TO HEARING

Submitted by:

DATED:

February 25, 2015.

Signed:

/s/ Daniel N Cook

NAME:

Daniel N Cook

Phone:

(253) 581-0660

ADDRESS: 5920 100th St SW Ste 25

WSBA#:
For:

34866

LAKEWOOD, WA 98499-2751

Note for Motion Docket (ntmtsup.rptdesign)

1 of 1

1
For Respondent

For Petitioner

'**-o U a \ * .

RE:

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March 2, 2015 9:00 AM

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Motion - Modify Temp Order


CRAIGS. ADAMS

-f

l o ' . n

DARROWSCHIESL
C'e*__DEPUTY CI FRK__
Courtroom number: 407
Calendar: C3 - SHOW CAUSE/FAMILY LAW

Run date/time 03/02/15 8:06


Ixcrtrpt.pbl d Jo u m al_entry_show cause_report

Superior Court of Washington


County of
[ ] In re the Marriage of:
No.

14-3-03909-2

BRIAN GAINTNER
Petitioner,
and
JENNIFUR GAINTNER
Respondent.

Temporary Order
(TMO)
[ ] Clerks Action Required, 3.2
[ j Law Enforcement Notification, U 3.1
3.2

I. Money Judgment Summary

Does not apply.


II. Basis

A motion for a temporary order was presented to this court and the court finds reasonable cause to issue
the order.
Further, the court finds that the nonrequesting party is absent and a) is on active duty as a National
Guard member or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the service members or
dependents absence, failure to enter the temporaiy orders below would result in manifest injustice
to the other interested parties.
III. Order
It is Ordered:

3.1

Restraining Order

The prior order is not affected by this order.

Temp O rder (TMO) - P a g e 1 of 2


W PF D R 04.0250 M a n d a to ry (06/2014) - R C W 26.09.060; .110; .120; .194, .300(2)

3.2

Surrender of Weapons

Does not apply: There is no surrender of weapon order in effect under this cause number and the
court is not entering one now.
3.3

Temporary Relief

The prior orders remain in full force and effect except as modified herein.
The court has considered Petitioners motion to modify maintenance in light of Respondent
obtaining employment. Rather than reduce the maintenance amount has reduced the child support
amount by inclusion of the Petitioners spousal maintenance in the child support order. This
operates as a small reduction of the overall monthly payment Petitioner makes to Respondent. Both
parties shall comply with the child support order entered this date which supersedes all prior order
of child support orders which is incorporated herein by this reference.
3.4

Bond or Security

Does not apply.


3.5

Other

Does not apply.

Dated:
Petitioner or petitioners attorney:
A signature below is actual notice of this order.
[X] Presented by:

DANIEL COOK, WSBA 34866


Attorney for Petitioner

A signature beldw4s-aetdal notice ol


[ ] Presented by:
[X ] Approved for Entry:
FX 1Notice fcjtf
Off presentation waived:

JASGN/P. BENJAMIN, WSBA 25133

Temp O rder (TMO) - P a g e 2 of 2

W PF D R 04.0250 M a ndatory (06/2014) - R C W 26.09.060; .1 1 0 ;. 120;. 194, .300(2)

1
2

3
4
5
6

7
Superior Court of Washington
County of PIERCE

9
10

In re the Marriage of:


BRIAN GAINTNER

11

and

12

JENNIFUR GAINTNER

No. 14-3-03909-2
Petitioner,

Order of Child Support


Temporary (TMORS)
Clerk's Action Required

Respondent.

13
I. Judgment Summary
14
1.1

Judgment Summary for Non-Medical Expenses

15
Does not apply.

16
1.2

Judgment Summary for Medical Support

17
Does not apply,

18

II. Basis

19
2.1

Type of Proceeding

20
21

This order is entered under a petition for dissolution of marriage or domestic partnership,
legal separation, or declaration concerning validity:

22

hearing for temporary child support.

23
24
25

2.2

Child Support Worksheet


The child support worksheet which has been approved by the court is attached to this
order and is incorporated by reference or has been initialed and filed separately and is
incorporated by reference.

Order of Child Support (TMORS, ORS) - Page 1 of 9


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

FamilySoft FormPAK 2015

2.3

Other

Doesnot apply.

3
III. Findings and Order

4
5
6

It Is Ordered:

3.1

7
8

3.2

Child(ren) for Whom Support is Required


Name (first/last)

Age

Sebastian Gaintner

12

Person Paying Support (Obligor)


Name (first/last):
Birth date:
Service Address;

10
11

Brian
3/26/1969

5106 115th Street SW


Lakewood, W A 98499

12

13

The ob ligor p a re n t m u st im m ediately file with the court and the W ashington
State C hild S up port R egistry, an d update as necessary, the Confidential
Inform ation Form required by R C W 26.23.050.

14
15

The ob ligor p a re n t s h a ll update the inform ation required by paragraph 3.2


prom ptly a fter any change in the inform ation. The duty to update the
inform ation continues as long as any monthly support remains due or any
unpaid support debt remains due under this order.

16
17
18
19

For purposes of this Order of Child Support, the support obligation is based upon the
following income:

20

A.

Actual Monthly Net Income: $ 5,188.

21
22

23
24

3.3

Person Receiving Support (Obligee)


Name (first/last):
Jennifur
Birth date:
10/31/1971
Service Address:
7601 - 76th Ave SW

25

O rder of Child Support (T M O R S , O R S ) - P age 2 of 9


W P F DR 0 1 .0 5 0 0 M andatory (6 /2 0 1 4 ) - R C W 2 6.09.175; 2 6 .2 6 .1 3 2

FamilySoft FormPAK 2015

Lakewood, W A 98499

The obligee m u st im m ediately file with the court an d the W ashington State
C hild S upport R eg istry an d update as necessary the C onfidential
Inform ation Form required b y R C W 26.23.050 .

3
4

The obligee shall update the inform ation required b y paragraph 3.2
prom ptly after a n y change in the inform ation. The duty to update the
inform ation continues as long as any m onthly support rem ains due o r any
unpaid s u p p o rt debt rem ains due under this order.

5
6

For purposes of this Order of Child Support, the support obligation is based upon the
following income:

7
8

A.

The obligor may be able to seek reimbursement for day care or special child rearing
expenses not actually incurred. RCW 26.19.080.

10
11

3.4

13
14
15
3.5

Name
Sebastian Gaintner

18

T o ta l M o n t h ly T r a n s f e r A m o u n t

19

Amount
$852.60
$852.60

The obligor parent's privileges to obtain o r m aintain a license, certificate,


registration, perm it, approval, o r other s im ilar docum ent issued by a
licensing entity evidencing adm ission to o r granting authority to engage in
a profession, occupation, business, industry, recreational pursuit, or the
operation o f a m o to r vehicle m ay be denied o r m ay be suspended if the
obligor p a re n t is not in com pliance with this support order as provided in
C hapter 74.20A R evised Code o f W ashington.

20
21
22

23

25

Transfer Payment
The obligor parent shall pay the following amounts per month for the following child:

17

24

Service of Process
Service o f process on the obligor a t the address required by paragraph 3.2
o r any updated address, o r on the obligee a t the address required by
paragraph 3.3 o r any updated address, m ay be allo w ed o r accepted as
adequate in a n y proceeding to establish, enforce o r m odify a child support
order betw een the parties by delivery o f written notice to the obligor or
obligee a t the last address provided.

12

16

Actual Monthly Net Income: $ 3,455.

3.6

Standard Calculation
$ 8 5 3 p e r m o n th .

( S e e W o r k s h e e t lin e 1 7 .)

O rder of Child Support (T M O R S , O R S ) - P age 3 of 9


W P F DR 0 1 .0 5 0 0 M andatory (6 /2 0 1 4 ) - R C W 2 6.09.175; 2 6 .2 6 .1 3 2

FamilySoft FormPAK 2015

3.7

Reasons for Deviation From Standard Calculation


The child support amount ordered in paragraph 3.5 does not deviate from the standard
calculation.

3
4

3.8

Reasons why Request for Deviation Was Denied


A deviation was not requested.

5
6

3.9

Starting Date: February 2015

Day(s) of the month


support is due:

3.10

10
11

Starting Date and Day to Be Paid

Incremental Payments
Does not apply.

3.11

12

Making Support Payments


Select Enforcement and Collection, Payment Services Only, or Direct Payment:

13

Direct Payment: Support payments shall be made directly to:

14

Jennifer Gaintner

15

A party required to make payments to the Washington State Support Registry will not
receive credit for a payment made to any other party or entity. The obligor parent shall
keep the registry informed whether he or she has access to health insurance coverage
at reasonable cost and, if so, to provide the health insurance policy information.

16
17

Any time the Division of Child Support is providing support enforcement services under
RCW 26.23.045, or if a party is applying for support enforcement services by signing the
application form on the bottom of the support order, the receiving parent might be
required to submit an accounting of how the support, including any cash medical
support, is being spent to benefit the child.

18
19
20
21
22

23
24
25

1 st

3.12

Wage Withholding Action


Withholding action may be taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child support statutes of this or
any other state, without further notice to the obligor parent at any time after entry of this
order unless an alternative provision is made below:
[If the court orders immediate wage withholding in a case where Division of Child
Support does not provide support enforcement services, a mandatory wage assignment

Order of Child Support (T M O R S , O R S ) - P age 4 of 9


W P F DR 01 .0 5 0 0 M andatory (6 /2 0 1 4 ) - R C W 26.09.175; 2 6 .2 6 .1 3 2

FamilySoft FormPAK 2015

under Chapter 26.18 R C W must be entered and support payments must be made to the
Support Registry.]

3.13

Termination of Support

3
Support shall be paid provided that this is a temporary order, until a subsequent child
support order is entered by this court.

4
5

3.14

The right to request post secondary support is reserved, provided that the right is
exercised before support terminates as set forth in paragraph 3.13.

7
8

Post Secondary Educational Support

3.15

Payment for Expenses not Included in the Transfer Payment


The petitioner shall pay 60.0% and the respondent 40.0% (each parent's proportional
share of income from the Child Support Schedule Worksheet, line 6 ) of the following
expenses incurred on behalf of the child listed in Paragraph 3.1;

9
10

Other: agreed extra-curricular activities

11
12

3.16

Does not apply.

13
14

3.17

Father shall claim the exemptio in even years and mother shall claim the exemption in
odd years - subject to order on contempt from February 3, 2015.

16

18
19
20

21
22

23
24

Income Tax Exemptions


Tax exemptions for the child shall be allocated as follows:

15

17

Periodic Adjustment

3.18

Medical Support - Health Insurance


Each parent shall provide health insurance coverage for the child listed in paragraph
3.1, as follows:

3.18.1 Health Insurance (either check box A (1) or check box A(2) and complete
sections B and C. S e c tio n D a p p lie s in a ll cases.)
A.

Evidence
(1)
There is insufficient evidence for the court to determine which parent
must provide coverage and which parent must contribute a sum certain.
Therefore, the court is not specifying how insurance coverage shall be
provided. The petitioner's and respondent's medical support obligations
may be enforced by the Division of Child Support or the other parent
under RCW 26.18.170 as described in paragraph 3.18.2, below.

25
Order of Child Support (T M O R S , O R S ) - P ag e 5 of 9
W P F DR 0 1 .0 5 0 0 M andatory (6 /2 0 1 4 ) - R C W 26.09.175; 2 6 .2 6 .1 3 2

FamilySoft FormPAK 2015

B.

Findings about insurance;

The court makes the following findings:


BRIAN
(Parent's Name)

JENNIFUR
(Parent's Name)

[ ]

...

..
[ ]

7
[ ]
8

10

[ ]

[X]

11
12
[ ]

13
14
15
[ ]

[ l

16
17
18
________11

Check at least one of the following findings


for each parent.
Insurance coverage for the child is available and
accessible to this parent at $
cost (child's
portion of the premium, only).
Insurance coverage for the child is available and
accessible to this parent at $
cost (childs
portion of the premium, only).
Insurance coverage for the child is available but
not accessible to this parent at $
cost (child's
portion of the premium, only).
Insurance coverage for the child is available but
not accessible to this parent at $
cost (child's
portion of the premium, only).
Neither parent has available or accessible
insurance through an employer or union; but this
parent is able to provide private coverage at a cost
not to exceed 25% of this parents basic support
obligation.
Neither parent has available or accessible
insurance through an employer or union; but this
parent is able to provide private coverage at a cost
not to exceed 25% of this parent's basic support
obligation.
(Check only one parent) Both parties have
available and accessible coverage for the child.
The court finds that this parent has better
coverage considering the needs of the child, the
cost and extent of each parent's coverage, and the
accessibility of the coverage.
Other:

_________u _________

19
C.

Parties' obligations:

20
The court makes the following orders:

21
22

23

BRIAN
(Parent's Name)

JENNIFUR
(Parent's Name)

[ ]

[ ]

24
25

Check at least one of the following options for


each parent.
This parent shall provide health insurance
coverage for the child that is available through
employment or is union-related as long as the
cost of such coveraae does not exceed 25% of
this parent's basic support obligation.

Order of Child Support (T M O R S , O R S ) - P age 6 of 9


W P F DR 0 1 .0 5 0 0 Mandatory (6 /2 0 1 4 ) - R C W 26.09.175; 2 6 .2 6 .1 3 2

FamilySoft FormPAK 2015

1
[ ]

[ ]

3
4
5
[X]

[ ]

[ ]

[ ]

7
8

This parent shall provide health insurance


coverage for the child that is available through
employment or is union-related even though
the cost of such coveraae exceeds 25% of this
parent's basic support obligation. It is in the best
interests of the child to provide such coverage
despite the cost b e c a u s e :
This parent shall provide private health insurance
coverage for the child as long as the cost of such
coveraae does not exceed 25% of this parent's
basic support obligation.
This parent shall provide private health insurance
coverage for the child even though the cost of
such coveraae exceeds 25% of this parent's basic
support obligation. It is in the best interests of the
child(ren) to provide such coverage despite the
cost b e c a u s e :

10

11
12

[ ]

[ ]

[ ]

[X]

13
14
15
16
17

[ ]

[ ]

18

This parent shall pay $


towards the health
insurance premium being paid by the other
parent. This amount is this parents proportionate
share of the premium or 25% of this parent's
basic support obligation, whichever is less. This
payment is only required if this parent is not
providing insurance as described above.
This parent's contribution to the health insurance
premium is calculated in the Worksheet and
included in the transfer payment.
This parent shall be excused from the
responsibility to provide health insurance
coverage and from the responsibility to provide
monthly payment towards the premium b e c a u s e :

19
(Only one parent may be excused.)

20

21
22

23
24
25

D.

Both parties' obligation:


If the child is receiving state financed medical coverage, the Division of Child
Support may enforce the responsible parent's monthly premium.
The parent(s) shall maintain health insurance coverage, if available for the child
listed in paragraph 3.1, until further order of the court or until health insurance is
no longer available through the parents' employer or union and no conversion
privileges exist to continue coverage following termination of employment.

Order of Child Support (TMORS, ORS) - Page 7 of 9


WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132

FamilySoft FormPAK 2015

1
A parent who is required under this order to provide health insurance coverage is
liable for any covered health care costs for which that parent receives direct
payment from an insurer.

A parent who is required under this order to provide health insurance coverage
shall provide proof that such coverage is available or not available within 20 days
of the entry of this order to the other parent or the Washington State Support
Registry if the parent has been notified or ordered to make payments to the
Washington State Support Registry.

4
5
6

If proof that health insurance coverage is available or not available is not


provided within 20 days, the parent seeking enforcement or the Department of
Social and Health Services may seek direct enforcement of the coverage
through the other parent's employer or union without further notice to the other
parent as provided under Chapter 26.18 RCW.

7
8

You may have separate obligations to provide health insurance coverage for the
child(ren) under federal law.

10
11
12
13
14
15
16
17
18

3.18.2 Change of Circumstances and Enforcement


A parent required to provide health insurance coverage must notify both the Division of
Child Support and the other parent when coverage terminates.
If the parents' circumstances change, or if the court has not specified how medical
support shall be provided, the parents' medical support obligations will be enforced as
provided in
RCW 26.18.170. If a parent does not provide proof of accessible coverage for the
child(ren) through private insurance, a parent may be required to satisfy his or her
medical support obligation by doing one of the following, listed in order of priority:
1.

2.

19
20
21
22

23
24

3.

Providing or maintaining health insurance coverage through the parent's


employment or union at a cost not to exceed 25% of that parents basic support
obligation;
Contributing the parent's proportionate share of a monthly premium being paid
by the other parent for health insurance coverage for the child(ren) listed in
paragraph 3.1 of this order, not to exceed 25% of the obligated parent's basic
support obligation; or
Contributing the parent's proportionate share of a monthly premium paid by the
state if the child(ren) receives state-financed medical coverage through DSHS or
HCA (Health Care Authority) under R C W 74.09 for which there is an assignment.

A parent seeking to enforce the obligation to provide health insurance coverage may
apply for support enforcement services from the Division of Child Support; file a motion
for contempt (use form W P F DRPSCU 05.0100, Motion/Declaration for an Order to
Show Cause re Contempt); or file a petition.

25
O rder of Child Support (T M O R S , O R S ) - P age 8 of 9
W P F DR 0 1 .0 5 0 0 M andatory (6 /2 0 1 4 ) - R C W 2 6.09.175; 2 6 .2 6 .1 3 2

FamilySoft FormPAK 2015

3.19

Both parents have an obligation to pay their share of uninsured medical expenses.
The petitioner shall pay 60.0% of uninsured medical expenses (unless stated
otherwise, the petitioner's proportional share of income from the Worksheet, line
6 ) and the respondent shall pay 40.0% of uninsured medical expenses (unless
stated otherwise, the respondent's proportional share of income from the
Worksheet, line 6 ).

3
4
5
6

Uninsured Medical Expenses

3.20

Back Child Support


Back child support that may be owed is not affected by this order.
Back interest that may be owed is not affected by this order.

3.21

Past Due Unpaid Medical Support

9
Unpaid medical support that may be owed is not affected by this order.
Back interest that may be owed is not affected by this order.

10
11

3.22

12

Other obligations that may be owed are not affected by this order.
Back interest that may be owed is not affected by this order.

13
14

Other Unpaid Obligations

3.23

15

Other
Does not apply.

16
17

Dated:

44

18

Approve,
Notice

19
20

torWURT COMMISSIONER

Daniel N Cook
Signature of Party or Lawyer/WSBA No.

________________ 25133
Jaso'n f Benjamin
S ig n ati/e of Party or Lawyer/WSBA No.

21
22

23
24
25
Order of Child Support (T M O R S , O R S ) - P age 9 of 9
W P F DR 0 1 .0 5 0 0 Mandatory (6 /2 0 1 4 ) - R C W 26.09.175; 2 6 .2 6 .1 3 2

FamilySoft FormPAK 2015

ived:

Washington State Child Support Schedule Worksheets


[ ] Proposed by [ ]
' [ ] State of WA [ ] Other
Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)
M other Jennifur
County PIERCE

(CSWP)

Father Brian
Case No. 14-3-03909-2

Child(ren) and Age(s): Sebastian Gaintner, 12


Part I: Income (see Instructions, page 6 )

1. Gross Monthly Income


a. Wages and Salaries
b. Interest and Dividend Income
c. Business Income
d.Maintenance Received
e. Other Income
f. Imputed Income
q. Total Gross Monthly Income (add lines 1a through 1f)
2. Monthly Deductions from Gross Income
a. Income Taxes (Federal and State) Tax Year: Manual
b.FICA (Soc.Sec.+Medicare)/Self-Employment Taxes
c. State Industrial Insurance Deductions
d. Mandatory Union/Professional Dues
e. Mandatory Pension Plan Payments
f. Voluntary Retirement Contributions
g. Maintenance Paid
h. Normal Business Expenses
i. Total Deductions from Gross Income
(add lines 2a through 2 h)
3. Monthly Net Income (line 1 g minus 2i)
4. Combined Monthly Net Income
(line 3 amounts combined)
5. Basic Child Support Obligation (Combined amounts ->)
Sebastian Gaintner
$1441.00

Father
$9,066.70

Mother
$2,253.30

$1,415.00

$9,066.70

$3,668.30

$1,770.51
$693.61

$40.65
$172.37

$1,415.00
-

$3,879.12
$213.02
$3,455.28
$5,187.58
$8,642.86

* v

$1,441.00

6 . Proportional Share of Income

(each parent's net income from line 3 divided by line 4)

WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 1 of 5

.600

.400

Part II: Basic Child Support Obligation (see Instructions, page 7)

7. Each Parent's Basic Child Support Obligation without consideration


of low income limitations (Each parents Line 6 times Line 5.)
8 . Calculating low income limitations: Fill in only those that apply.
Self-Support Reserve: (125% of the Federal Poverty Guideline.)
a. Is combined Net Income Less Than $1,000? If yes. for each
parent enter the presumptive $50 per child.
b. Is Monthly Net Income Less Than Self-SuDoort Reserve? If yes.
for that parent enter the presumptive $50 per child.
c. Is Monthly Net Income equal to or more than Self-Support
Reserve? If yes. for each parent subtract the self-support
reserve from line 3. If that amount is less than line 7, enter that
amount or the presumptive $50 per child, whichever is greater.
9. Each parent's basic child support obligation after calculating
applicable limitations. For each parent, enter the lowest amount
from line 7, 8a - 8c, but not less than the presumptive $50 per
child.

$864.60

$576.40

$1,226.00

$864.60

$576.40

Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8 )

10. Health Care Expenses


a. Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10 b)
d.Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d.Other Special Expenses (describe)

Father
$30.00

Mother
_

$30.00
$30.00

e. Total Day Care and Special Expenses


(Add lines 11a through 11d)
12. Combined Monthly Total Day Care and Special Expenses
(line 11e amounts Combined)
13. Total Health Care, Day Care, and Special Expenses (line 10d
plus line 1 2 )

$30.00

14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)

$18.00

$12.00

Part IV: Gross Child Support Obligation

15. Gross Child Support Obligation (line 9 plus line 14)

$882.60 |

$588.40

Part V: Child Support Credits (see Instructions, page 9)

16. Child Support Credits


a. Monthly Health Care Expenses Credit
b.Day Care and Special Expenses Credit

WSCSS-Worksheets Mandatory (CSW/CSWP) 07/2013 Page 2 of 5


-

$30.00

c. Other Ordinary Expenses Credit (describe)


-

d. Total Support Credits (add lines 16a through 16c)

$30.00

Part VI: Standard Calculation/Presumptive Transfer Payment (see Instructions, page 9)

17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is greater)

$852.60

$588.40

$2,334.41

$1,554.88

$216.15

$144.10

Part VII: Additional Informational Calculations

18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)

Part VIII: Additional Factors for Consideration (see Instructions, page 9)

20. Household Assets


(List the estimated value of all major household assets.)
a. Real Estate
b. Investments
c. Vehicles and Boats
d. Bank Accounts and Cash
e. Retirement Accounts
f. Other: (describe)

21. Household Debt


(List liens against household assets, extraordinary debt.)
a.
b.
c.
d.
e.
f.
22. Other Household Income
a. Income Of Current Spouse or Domestic Partner
(if not the other parent of this action)
Name
Name
b. Income Of Other Adults in Household
Name
Name
c. Gross Income from overtime or from second jobs the party
is asking the court to exclude per Instructions, page 8

d.Income Of Child(ren) (if considered extraordinary)


Name
Name

WSCSS-Worksheets Mandatory (CSW/CSWP) 07/2013 Page 3 of 5


-

Father's
Household

Mother's
Household

e.Income From Child Support


Name
Name

f. Income From Assistance Programs


Program
Program

g. Other Income (describe)


-

23. Non-Recurring Income (describe)

24. Child Support Owed, Monthly, for Biological or Legal Child(ren)

Father's
Household

Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ l No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))

26.

Other Factors For Consideration

WSCSS-Worksheets - Mandatory (CSW/CSWP) 07/2013 Page 4 of 5

Mother's
Household
.

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