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17-3-02497-31

 

2Ul1 DEC - l

PM 12: 0 I ·

MTFR

37

Motion for Revision

2186156

·SQ ~i 'r' :\ K i\ ;, S ~ !

\':lU~rY C~Ei:~ ;

S~J;;.:;~·~iSH CO. W,\SH

Superior Court of Washington

 

County of Snohomish

Inre:

 

SALLY JO PRICE,

 

No. 17-3-02497-31

 
 

Petitioner,

   

and

Motion for Revision.

CHARLES ALLEN PRICE, JR.,

 
 

Res ondent.

 

I.

Motion for Revision

 

Comes now the Respondent, by and through his attorney of record, Veronica Freitas, and

moves this court to revise Commissioner Jacalyn D. Brudvik's Temporary Order and Temporary

Parenting dated November 21st, 2017. Please see Temporary Order attached hereto as Exhibit A.

 

II.

Relief Requested

 

Mr. Price is seeking revision of Commissioner Brudvik's Order pursuant to the errors

claimed in Section III below.

 
 

III. Claimed Errors

 

Commissioner Brudvik made the following errors:

 

1.

Prohibiting the parents from taking the children out of Washington State.

Motion for Revision

 

VERONICA FREITAS

Page 1 of7

V. FREITAS LAW, PLLC

 

544

29 1 h Avenue

 

Seattle, Washington 98122

 

(206) 328-7362

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2. Ordering $12,000 per month in undifferentiated family support, an amount which

exceeds the Respondent's net income.

3. Failing to consider the additional $2037 in income given to the wife from both

rental properties when setting maintenance.

4. Ordering the Respondent to pay all premiums (medical, dental, optical,

orthodontia, and automobile).

OUT OF STATE TRAVEL

Mr. Price asks that either parent be allowed to travel with the children out of state for

vacations with at least two weeks' notice. The parents shall provide an itinerary, address, and

phone number where the children can be reached.

FAMILY SUPPORT AND MAINTENENECE

Mr. Price has a base salary of $7,000 per month plus commission. Historically, he was

worked 6+ days a week. Prior to 2017, Mr. Price earned a great deal from commissions which

were a direct result working over 60 hours a week and being "on-call" via telephone 24 hours a

day. The mother averaged Mr. Price's income for 2012 -2016 and asked the court to impute him

at $416,402 per year (over $30,000 per month). Their argument centered on Mr. Price's

"ownership" of this company but he is a producing loan officer and subject to the Consumer

Financial Protection Bureau (Title XIV of the Dodd Frank Wall Street Reform and Consumer

Protection Act). By law, Mr. Price cannot dictate his income and it cannot be based on the

amount (terms) of any loans he originates. See Exhibit B, excerpt from Regulation Z, Section

1026.36(d). Mr. Price's holding is approximately 2% of the company and his only earnings are

salary and commissions as explained below.

Motion for Revision

Page 2 of7

VERONICA FREITAS V. FREITAS LAW, PLLC

544 29th Avenue

Seattle, Washington 98122

(206) 328-7362

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In April of this year, Mr. Price had a severe heart attack and spent a week in the hospital.

He was lucky to survive and has two stents as a result. The Petitioner acknowledges in her

pleadings that as a result of this health event, Mr. Price had to drastically reduced his work hours.

Mr. Price had another heart event in October of 2017, which caused his work hours to drop to

forty hours per week. Mr. Price submitted evidence that his physician has now limited him to

working no more than 40 hours a week due to his heart condition. Please note, on his October

paycheck, he earned no commission that month as a result of missing work due to health issues.

Mr. Price's heart attack has had a tangible impact on his earning potential. In the first ten months

of the year, Mr. Price earned $140,000. This averages $14,000 per month.

When setting the family support at $12,000, the court apparently adopted the mother's

proposed income for Mr. Price which was based off an average of five years earnings. For all of

those years averaged, Mr. Price was working the aforementioned 60+ hours and "on-call" which

significantly increased his commission earnings. Due to Mr. Price's documented health issues it

is not realistic to impute him at over $30,000 per month. The court should use his actual year-to-

date income of $14,000 per month when setting support.

The Petitioner has a bachelor's degree and is able to work. She has worked as recently as

2009 and when she worked full-time she earned around $57,000. She should have her income

imputed per the net median income table. Mr. Price submitted proof that the Stanwood apartmen

assigned to the Petitioner produced a net income of $1,739.89 per month and that the Marysville

rental produces a net income of $190 per month. This totals $1,929.89 in rental income to the

Petitioner each month. Her total income should be $4,622.89.

Motion for Revision

Page 3 of7

VERONICA FREITAS

V. FREITAS LAW, PLLC

544 29 1 h Avenue

Seattle, Washington 98122

(206) 328-7362

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For illustrative purposes, the Respondent submits two child support worksheets. Both

worksheets include the health insurance premiums paid by Mr. Price. The monthly total for the

family is $1485.10. The children's proportional share is $891. The first worksheet, submitted as

Exhibit C, imputes Petitioner's income per the median net table ($2,696) and includes the

income from the rental homes ($1929). After drafting the worksheets and brief counsel realized

that the actual net income from the rentals is higher at $2,037 but we have left the original

number of $1929 rather than recalculating worksheets and deductions. The tax deductions were

determined for 2017 as married filing jointly. The difference in their net incomes prior to

maintenance is $6,109.78. To equalize the parties through maintenance, Mr. Price would pay

$3,054.89. This would result in a child support transfer payment of$1,310.56. Using this

worksheet, the Petitioner would have a total of $6,295.34 per month (maintenance+ child

support+ rental income) to support her household. Mr. Price would have around $6,386.77.

The second worksheet, submitted as Exhibit D, shows the Petitioner's rental income but

does not impute per the median net table. The income differential is $8,596.67 and Mr. Price

should pay $4,298.38 in maintenance. His transfer payment for support would then be $1330.80.

The Petitioner would have a total of $7,557.38 to support her household each month. Mr. Price

would have around $5,000 per month after paying the health insurance premiums for the

children. This is not an equitable result and would leave Mr. Price unable to support his

household as his rental costs are significantly higher than the $985.90 per month the mother is

paying for the mortgage and tax on the family home.

It is clear error that the court has ordered support in a level than exceeds Mr. Price's

entire net income. This divorce was only filed recently. Mr. Price did not intentionally reduce his

Motion for Revision

Page4 of7

VERONICA FREITAS V. FREITAS LAW, PLLC

544 29 1 h Avenue

Seattle, Washington 98122 (206) 328-7362

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work hours or desire to suffer from a severe health condition to lower maintenance or child

support. The parties are left with the reality of Mr. Price earning $14,000 per month. Mr. Price

suggests the court equalize the parties with a $6,000 per month payment in undifferentiated

family support to the mother and allowing her to retain 100% of the income from the rental

properties. This raises the mother's total income to $7929 per month gross and lowers Mr.

Price's gross income to approximately $8,000 per month. Mr. Price will additionally cover 100%

of the cost of medical insurance premiums for the children. All other costs for the children,

including uninsured medical expenses, necessary education expenses and extracurricular

activities should be split 50/50.

IfMr. Price's request for a transfer of $6,000 is granted, he would agree that any bonuses

received or commissions that exceed an income of $14,000 per month should be placed in trust

at one of counsel's offices. Those funds may be disbursed by agreement of the parties or by

further court order. Mr. Price cannot agree to this provision if the support transfer is not lowered

to $6,000 because he would need any additional bonuses or commissions just to meet his

obligation to the mother as it already exceeds his net income.

PAYMENT OF INSURANCE PREMIUMS

Having equalized the parties, the Petitioner should be responsible for all of her expenses

including her auto insurance premium of $123 per month and her share of her own medical

insurance premiums which is $297.02 per month.

IV.Evidence Submitted

All records and files herein submitted to the court for the Motion on Temporary Orders

on November 21 5 \ 2017.

Motion for Revision

Page 5 of7

VERONICA FREITAS

V. FREITAS LAW, PLLC

544 29 1 h Avenue

Seattle, Washington 98122 (206) 328-7362

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No other evidence may be submitted as pursuant to LCR 7(b)(8)(B)(iii): "All motions fo

revision of a Commissioner's order shall be based on the written materials and evidenc

submitted to the Commissioner, including documents and pleadings in the court file.

Pursuant to LCR 7(b)(8)(B)(iii), ''the moving party shall provide the assigned Court

a

copy of the electronic record, ifthe motion before the Commissioner was recorded."A copy of

the CD of the hearing will be provided to the court with the working papers.

V. Legal Authority

This Motion is based upon RCW 26.09, RCW 26.09.060(6), RCW 2.24.050. LFLR

5(c)(4)(G), and LR 7(b)(5).

The Court shall review the case de nova and revise any decisions within its judgment and

discretion.

A "hearing de novo" is defined as "trying matter anew the same as if it had not been

heard before and as if no decision had been previously rendered."

Sixth Ed., West Publishing Co., 1990.

Black's Law Dictionary,

Under RCW 2.24.050, a party may request a revision of a superior court commissioner's

order "upon demand made by written motion, filed with the clerk of the superior court,

within ten days after

such as the "motion

entry."

LCR 7(b)(8)(A) and (B) require certain timing (10-6-21),

shall be served and filed within 10 days of entry of the written

," any set hearing must be at least with "six days notice of the time, date and place of

the hearing on the motion for revision," and "a hearing on a motion for revision

Motion for Revision

Page 6 of7

VERONICA FREITAS V. FREITAS LAW, PLLC

544 29th Avenue

Seattle, Washington 98122 (206) 328-7362

shall be

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scheduled within 21 days of entry of the commissioner's order." LCR 7(b)(8)(A) and (B)

(emphasis added).

When considering a commissioner's ruling on revision, the superior court reviews the

commissioner's findings of fact and conclusions of law de nova on the record. State v.

Ramer, 151Wn.2d106, 113, 86 P.3d 132 (2004); RCW 2.24.050. It also applies the de nova

standard and does not apply any deference to the commissioner's reasoning, findings,

rulings, or eventual orders.

The revision court has full jurisdiction over the case and is

authorized to determine its own facts based on the record before the court. In re Marriage of

Dodd, 120 Wn.App. 638, 644, 86 P.3d 801 (2004).

VI. Conclusion

For the foregoing reasons, Mr. Price is requesting that this court revise Commissioner

Brudvik's Order dated November 21, 2017.

Respectfully submitted on this 30th day of November 2017,

Respectfully submitted on this 30th day of November 2017, Veronica Freitas, WSBA No. 19405 Motion for

Veronica Freitas, WSBA No. 19405

Motion for Revision

Page 7 of7

VERONICA FREITAS V. FREITAS LAW, PLLC

544 29th Avenue

Seattle, Washington 98122

(206) 328-7362

EXHIBIT A

V. FREITAS LAW, PLLC

544 29th Ave Seattle, Washington 98122 Itel• (206)328-7362 Ifax• {206)323-0404

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FILED

NOV 2 t 2017

SONYA KRAS.Kl

COUNTY CLERK SNOHOMISH CO. WASH.

IN THE SUPERIOR COURT OF THE S.JAIJLQF :WA.SHINGTDN

Case No.: 17-3-02497-31

~-----·--- ---

-------------IN AND FOR THECOUNTY OF SNOHOMISH

In re the M~age of:

SALLY JO PRICE,

Petitioner,

and

CHARLES A. PRICE~ JR.,

Respondent.

TEMPORARY FAMILY LAW ORDER

Temporary Family Law Order

1. Money Judgment Summary

DNo moneyjudgment is ordered.

O Summarize any moneyjudgments in the table below.

I Judgment for

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l'iGMfiflRARY FAMILY LAW ORDER - 1

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I 2.

Findings

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The Petitioner made a Motion for Temporary Family Law Order (form FL Divorce 223) or a Motion for Immediate Restraining Order (form FL Divorce 221) and the court finds there

is reason to approve this order.

3. Active duty military

(I'hefederal Servicemembers Civ!l Relief1:ct covers:

·-

---------.-----Army, Navy, 71.ir Force, Marine Corps, and Coast Guard members on active duty,'

National Guard members under a call to active service for more than 30 days in a row; and

commissioned corps ofthe Public Health Service and NOAA.

The state Service Members' Civil ReliefAct covers Washington state residents who are National Guard or Reserve members under a call to active service for more than 30 days in

a row, and their dependents.)

None ofthe parties are covered by the state or federal Service Members Civil Relief Act, OR no party covered by the Acts has asked for a stay.

~ The Court Orders

4. Care of children

This order includes these children:

4. Care of children This order includes these children: The court signed the temporary Parenting Plan

The court signed the temporary Parenting Plan filed separately.

Neither party shall take or permanently remove the children out of Washington state.

Petitioner and Respondent shall be and hereby are restrained and enjoined from

making derogatory, hostile, or disparaging comments or remarks to the parties' children whose actual or intended effect is to cause ill feelings or alienation

between the parent and the children.

Petitioner and Respondent shall be and hereby are restrained and enjoined from discussing the pending legal proceedings with the parties' minor children except as authorized by the court.

mM:f;QRARY FAMILY LAW ORDER~ 2

I

BREWE LAYMAN

Attorneys at Law

P.S.

P.O. Box488 Everett, Washington 98206-0488 (425j 252-5167 Phone (425 252-9055 Fax www.brewelaw.com

I

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5. Pro\'ide support

The eol:lrt signed the temporary Child Support O,·~t·and W4:Jrk£heets filed sepm:ately.

Support O,·~t· and W4:Jrk£heets filed sepm:ately. --- -··-- 6. -- . The Respondent must pay~nsal support

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The Respondent must pay~nsalsupport to his spouse.

 

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Make all payments to:

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paid through the Registry).

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Stay in the home - The Petitioner may stay in the family homfud r~ii-us~he

furnishings, furniture, and adornments located therein.

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located therein. h£<-_y K-+- VV'l.J-V€.>f 7. Use of property Petitioner will possess and use:

7. Use of property

Petitioner will possess and use:

property in possession now.

vehicle/s: 2010 Mercedes GL550

Respondent will possess and use:

property in possession now.

vehicle/s: 2012 Audi Q5.

Petitioner and Respondent shall be and hereby are restrained and enjoined from interfering with the use and enjoyment of the other party's automobile.

8. Protect property

The Petitioner and Respondent must not move, take, hide, damage, borrow against, sell or try to sell, or get rid of any property, unless it is a usual business practice or to pay for basic needs. Both parties must notify the other about any expenses that are out of the ordinary.

-mMfQ.RARY FAMILY LAW ORDER~ 3

I BREWE

LAYMAN P.S.

Attorneys at Law

P.O. Box488 Everett, Washington 98206-0488 (425) 252-5167 Phone (425) 252-9055 Fax www.brewelaw.com

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Petitioner and Respondent shall be and hereby are restrained and enjoined from

entering any safe deposit box containing records and/or property belonging to either or both parties in the absence of a court order or the other party's written

consent.

The Petitioner and Respondent must not move, talce, hide, damage, borrow against, sell or try to sell, or get rid of any property, unless it is a usual business practice or

-·. ··- ·-- ··---·--····----·

to pay for basic needs. Both spouses/domestic partners mu_s_! I1Qti_fy_!h~_~thera~oii.t -an_y: expense-Sthafare-61.it of the-ordinary~ ·- -- -- - - - -- ·-- ·-·

Petitioner and Respondent shall be and hereby are restrained and enjoined from

destroying or alienating the community credit of the parties, or from further incurring community obligations or obligating each other or the community in

any way, except in the usual course of business or for the necessities of life.

Petitioner and Respondent shall be and hereby are restrained and enjoined from transferring, removing, encumbering, concealing, selling, damaging, conveying,

mortgaging, giving away, destroying, moving, hiding, disposing of, or otherwise alienating any of the community or separate property of the parties, including but

not limited to IRA, Keogh,401-K, retirement, pension, and/or profit sharing accounts.

Petitioner and Respondent shall be and hereby are restrained and enjoined from

withdrawing any money from any bank, savings and loan association, brokerage, insurance company, credit union, or other financial institution account of any kind

or nature whatsoever, except in the ordinary course of business or the necessities of life.

Petitioner and Respondent shall be and hereby are restrained and enjoined from

altering, hiding or deleting the text and/or directory identifications and/or drive path and/or program accessing system of any personal, family, or business

documents of any kind or nature whatsoever stored on a computer hard drive, floppy disc, USB drive or other electronic memory storage system.

Petitioner and Respondent shall be and hereby are restrained and enjoined from

deleting the other party from his or her status as a signer on any account or credit care of either or both of the parties.

Petitioner and Respondent shall be and hereby are restrained and enjoined from dissolving and/or changing the ownership of any corporation, partnership or other business entity, or disposing, selling, pledging, transferring, mortgaging, conveying, secreting or encumbering the major assets of any corporation, partnership or

business entity in which either party has an interest. I

BREW E LAYMAN

Attorneys at Law

P. s.

l~~;QRARY FAMILY LAW ORDER - 4

P.O. Box488 Everett, Washington 98206-0488 (425j 252-5167 Phone (425 252-9055 Fax www.brewelaw.com

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Petitioner and Respondent shall be and hereby are restrained and enjoined from

secreting or tampering with the other party's mail, PROVIDED that each party may change the mailing address for mail addressed to them individually.

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9. Household expenses

Household expenses must be paid as follows:

Each party shall be responsible for their own household expenses except for any r_ specific
Each party shall be responsible for their own household expenses except for any
r_
specific designati9ns set forth_ above. ·-r, }1-h)·,.A.P
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The Petitioner and Respondent must:
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Each be responsible for his/her own futilre debts, including debt from credit cards, loans, security interest, and mortgages, unless ordered differently.

Pay debts as follows:

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--------

,

L1. Julie Lang_abeer

--~=~-~~=~Iivhoshould pay -----------···

_! Pet!_!~o_n_e_r

_

Petitioner and Respondent shall be and hereby are immediately responsible for their own debts incurred since the date of separation.

Petitioner and Respondent shall be and hereby are restrained and enjoined from not

incurring any debt for which the party incurring the same will not agree to be solely liable.

Petitioner and Respondent shall be and hereby are restrained and enjoined from

incurring any extraordinary debts without providing the other party thirty (30) days prior written notification of intention to incur the same.

l'~Mf;QRARY FAMILY LAW ORDER - 5

I

BREWE LAYMAN

Attorneys at Law

P.S.

P.O. Box488 Everett, Washington 98206-0488 (425) 252-5167 Phone (425) 252-9055 Fax

www.brewelaw.com

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11. Do not change insurance

The Respondent must not make changes to any medical, dental, health, life, property, or

auto insurance policy that covers either spouse/domestic partner or any child named in section 4 above. That means s/he must not transfer, cancel, borrow against, let expire, or

change the beneficiary of any policy.

J~ay premiums ~s follows:

IWhopays--~~==-==~-=~=

IResponde~!

1Respgp.d~nt

I 1. Medical

[_POI~~-~:~==-====-=~~~~~:==~=~

[_2. Q~~ta1~-

i 3.

Q_p!~~al .

j 4. Orthodontia

[?.Aut~~~}J~--=~---

--------··--·-

. j 4. Orthodontia [?.Aut~~~}J~--=~--- --------··--·- ·-·-----·-·---·-- l Respondent L RespondeJ.!L

·-·-----·-·---·--

l Respondent LRespondeJ.!L ------·---·-·--·--·------_J Responden!

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12. Pay fees and costs

. [] Request res-

(11r:mie) by

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·g:.,The Respondent must pay the other party's lawyer fees. Amount: $

payments to

. Make

(date).

~-.r~e- ~~

Money Judgment

'> --r.s.

{] Tue :ameHflt's listed abo•1e must be paid, bttt the court is not enterffig a i;1wney_

judgment at this rune.

'fJ.-Thc amollllt/s listed above shall be entered as a money judgment. (Summarize

the money judgment in section 1 above). The interest rate is 12% 1.illless anGther

amount is listed here [] Tho interest rate is

% because ~t

/

[] Other:

T

VL.fl-.

Each party shall bear their own legal fees.

T VL.fl-. Each party shall bear their own legal fees. 13. Restraining order No request made.
T VL.fl-. Each party shall bear their own legal fees. 13. Restraining order No request made.

13. Restraining order

No request made.

I

\

/

~······

order No request made. I \ / ~······ 14. Other temporary orders (if any) ~Mf:Q.RARY FAMILY

14. Other temporary orders (if any)

~Mf:Q.RARY FAMILY LAW ORDER - 6

I

BR EWE

LAYMAN

Attorneys at Law

P.S.

P.O. Box488 Everett, Washington 98206-0488 (425} 252-5167 Phone (425) 252-9055 Fax www.brewelaw.com

Petitioner and Respondent shall be and hereby are restrained and enjoined from bothering, intimidating, assaulting

Petitioner and Respondent shall be and hereby are restrained and enjoined from bothering, intimidating, assaulting or disturbing the peace of the other party in any manner.

The Petitioner shall be awarded the income from the following investment or income-

producing property commencing immediately:

A. Marysville rental property on 66th Dr. N.E. - to Petitioner/Wife

B. Stanwood rental property on 271 st St. N.W. -to Petitioner/Wife

,, ~,'c'.,,.,,,.«

2

3

4

s.

6

7

8

9

10

11

12

13

14

15

16

17

18

~ ,,,~.;,,.,,

t1~.
t1~.

0 ~~~;""~~;:,::~d. -lo QAJ.Lf

DONE IN OPEN COURT this'4 ~y of November,

2017.

This order:
This order:

This order:

is presented by Petitioner's attorney

may be signed by the court without notice to Petitioner

is presented by Petitioner's attorney may be signed by the court without notice to Respondent

BREWE

LAYMAN

P.S.

Attorneys at Law ttomey for Petitioner
Attorneys at Law
ttomey for Petitioner
BREWE LAYMAN P.S. Attorneys at Law ttomey for Petitioner Robert Mar, WSBA 27735 Attorney for Respondent

Robert Mar, WSBA 27735 Attorney for Respondent

Petitioner Robert Mar, WSBA 27735 Attorney for Respondent na A. Layman, WSBA 25260 This order: is

na A. Layman, WSBA 25260

This order:

is presented by my attorney

may be signed by the court without notice to me

This order:

is presented by Petitioner's attorney may be signed by the court without notice to me

attorney may be signed by the court without notice to me Cha.des A. Price, Jr,./ Respondent

Cha.des A. Price, Jr,./ Respondent

"

~

19~Pri~

20

21

22

23

24

Petitioner

I

BREWE

LAYMAN

P.S.

Attorneys at Law

P.O. Box488 Everett, Washington 98206-0488

! 425) 252-5167 Phone 425) 252-9055 Fax www.brewelaw.com

l'~M\1;QRARY FAMILY LAW ORDER - 7

EXHIBITB

V. FREITAS LAW, PLLC

1. PAYMENTS BASED ON A TERM OF A TRANSACTION.

ii. i. Except as provided in paragraph (d)(1)(iii) or (iv) of this section, in connection vd.th

a consumer credit transaction secured by a dwelling, no loan originator shall receive and

no person shall pay to a loan originator, directly or indirectly, compensation in an amount that is based on a term of a transaction, the terms of multiple transactions by an individual loan originator, or the terms of multiple transactions by multiple individual loan originators. If a loan originator's compensation is based in whole or in part on a factor that is a proxy for a term of a transaction, the loan originator's compensation is based on a term of a transaction. A factor that is not itself a term of a transaction is a proxy for a term of the transaction if the factor consistently varies with that term over a significant number of transactions, and the loan originator has the ability, directly or indirectly, to add, drop, or change the factor in originating the transaction.

m. Ii. Single of multiple transactions.

The prohibition on payment and receipt of compensation under

§ 1026.36(d)(1)(i) encompasses compensation that directly or indirectly is based on the

terms of a single transaction of a single individual loan originator, the terms of multiple transactions by that single individual loan originator, or the terms of multiple transactions by multiple individual loan originators. Compensation to an individual loan originator that is based upon profits determined with reference to a mortgage-related business is considered compensation that is based on the terms of multiple transactions by multiple individual loan originators. For clarification about the exceptions permitting compensation based upon profits determined with reference to mortgage-related business pursuant to either a designated tax-advantaged plan or a non-deferred profits- based compensation plan, see comment 36(d)(1)-3. For clarification about "mortgage- related business," see comments 36(d)(1)-3.v.B and-3.v.E.

A. A. Assume that a creditor pays a bonus to an individual loan originator out of a bonus pool established with reference to the creditor's profits and the profits are determined with reference to the creditor's revenue from origination of closed-end consumer credit transactions secured by a dwelling. In such instance, the bonus is considered compensation that is based on the terms of multiple transactions by multiple individual loan originators. Therefore, the bonus is prohibited under§ 1026.36(d)(1)(i), unless it is otherwise permitted under§ 1026.36(d)(1)Civ).

B. B. Assume that an individual loan originator's employment contract with

a creditor guarantees a quarterly bonus in a specified amount conditioned upon

the individual loan originator meeting certain performance benchmarks (e.g., volume of originations monthly). A bonus paid following the satisfaction of those contractual conditions is not directly or indirectly based on the terms of a transaction by an individual loan originator, the terms of multiple transactions by that individual loan originator, or the terms of multiple transactions by multiple individual loan originators under§ 1026.36(d)(1)(i) as clarified by this comment 36(d)(1)-i.ii, because the creditor is obligated to pay the bonus, in the specified amount, regardless of the terms of transactions of the individual loan originator or multiple individual loan

originators and the effect of those terms of multiple transactions on the creditor's profits. Because this type of bonus is not directly or indirectly based on the terms of multiple transactions by multiple individual loan originators, as described in § 1026.36(d)(1)(i) (as clarified by this comment 36(d)(1)-1.ii), it is not subject to the 10- percent total compensation limit described in§ 1026.36(d)(1)(iv)(B)(1).

iv. iii. An individual loan originator may receive, and a person may pay to an individual loan originator, compensation in the form of a contribution to a defined contribution plan that is a designated tax-advantaged plan or a benefit under a defined benefit plan that is a designated tax-advantaged plan. In the case of a contribution to a defined contribution plan, the contribution shall not be directly or indirectly based on the terms of that individual loan originator's transactions. As used in this paragraph (d)(1)(iii), "designated tax-advantaged plan" means any plan that meets the requirements of Internal Revenue Code section 401(a), 26 U.S.C. 401(a); employee annuity plan described in Internal Revenue Code section 403(a), 26 U.S.C. 403(a); simple retirement account, as defined in Internal Revenue Code section 408(p), 26 U.S.C. 408(p); simplified employee pension described in Internal Revenue Code section 408(k), 26 U.S.C. 408(k); annuity contract described in Internal Revenue Code section 403(b), 26 U.S.C. 403(b); or eligible deferred compensation plan, as defined in Internal Revenue Code section 457(b), 26 U.S.C. 457(b).

v. iv. An individual loan originator may receive, and a person may pay to an individual loan originator, compensation under a non-deferred profits-based compensation plan (i.e., any arrangement for the payment of non-deferred compensation that is determined with reference to the profits of the person from mortgage-related business), provided that:

A. A. The compensation paid to an individual loan originator pursuant to this paragraph (d)(1)(iv) is not directly or indirectly based on the terms of that individual loan originator's transactions that are subject to this paragraph@; and

B. B. At least one of.the following conditions is satisfied:

1.

1. The compensation paid to an individual loan originator pursuant to this paragraph (d)(1)(iv) does not, in the aggregate, exceed 10 percent of the individual loan originator's total compensation corresponding to the time period for which the compensation under the non-deferred profits-based compensation plan is paid; or

2.

2. The individual loan originator was a loan originator for ten or fewer transactions subject to this paragraph @consummated during the 12-month period preceding the date of the compensation determination.

EXHIBIT C

V. FREITAS LAW, PLLC

544 29th Ave Seattle, Washington 98122 Itel• (206)328-7362 Ifax• {206)323-0404

Washington State Child Support Schedule Worksheets

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

County Snohomish

Child/ren and Age/s:

(CSWP)

Case No. 17-3-02497-31

Alex Price, 14; Colby Price, 11; Madison Price, 5

Parents' Names: Charles A. Price, Jr. (Column 1)

Sally Jo Price (Column 2)

   

Charles

Sally Jo

Part I: Income (see Instructions, paqe 6)

 

1. Gross Monthly Income

     
 

a. Waqes and Salaries Imputed for Sallv Jo

 

$14016.78

 

-

 

b. Interest and Dividend Income

   

-

 

-

 

c. Business Income

   

-

$1,929.89

 

d. Maintenance Received

   

-

$3,054.89

.

e. Other Income

   

-

 

-

 

f.

Imputed Income

 

-

$2,693.00

 

a.Total Gross Monthly Income (add lines 1a throuqh 1f)

 

$14016.78

$7,677.78

2. Monthly Deductions from Gross Income

   
 

a. Income Taxes (Federal and State)

Tax Year: 2017

 

$1,596.93

$412.09

 

b. FICA (Soc.Sec.+Medicare)/Self-Employment Taxes

 

$860.44

$478.71

 

c. State Industrial Insurance Deductions

 

- -

 

d. Mandatory Union/Professional Dues

   

- -

 

e. Mandatory Pension Plan Payments

   

- -

 

f. Voluntary Retirement Contributions

   

$416.67

 

-

 

Q. Maintenance Paid

   

$3,054.89

 

-

 

h.

Normal Business Expenses

 

-

 

-

 

i. Total Deductions from Gross Income {add lines 2a through 2h}

   

$5,928.93

$890.80

3. Monthly Net Income (line 1Q minus 2i)

   

$8,087.85

$6,786.98

4. Combined Monthly Net Income (add both oarents' monthlv net incomes from line 3)

;/.

$14,874.83

 

5. Basic Child Support Obligation (Combined amounts ---+)

     
 

Alex Price

$1206.00

Colby Price

$975.00

$3,156.00

Madison Price

$975.00

 

-

-

.

6. Proportional Share of Income (divide line 3 by line 4 for each parent)

 

.544

 

.456

 

Charles

Sally Jo

 

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.)

$1,716.86

$1,439.14

B. Calculating low income limitations: Fill in only those that apply.

   
 

Self-Support Reserve: (125% of the Federal Poverty Guideline.)

 

$1,256.00

 

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-Sui;mort Reserve? If yes, for that parent enter the presumptive $50 per child.

 

- -

c.

Is Monthly Net Income egual to or more than Self-Sui;mort 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, Ba - Be, but not less than the presumptive $50 per child.

   

$1,716.86

$1,439.14

Part Ill: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page B)

 

10.

Health Care Expenses

   
 

a.Monthly Health Insurance Premiums Paid for Child(ren)

$891.00

 

-

 

b. Uninsured Monthly Health Care Expenses Paid for Child(ren)

 

-

 

-

 

c. Total Monthly Health Care Expenses (line 1Oa plus line 1Ob)

$891.00

 

-

 

d.Combined Monthly Health Care Expenses

     
 

(add both parent's totals from line 1Oc}

$891.00

11 . Dav Care and Special Expenses

 
 

a. Day Care Expenses

 

-

 

-

 

b. Education Expenses

 

-

 

-

 

c. Long Distance Transportation Expenses

 

-

 

-

 

d.Other Special Expenses (describe)

   
   

-

 

-

   

-

 

-

   

-

 

-

   

-

 

-

 

Total Day Care and Special Expenses

   
 

e.

 

-

 

-

 

(Add lines 11 a through 11 d)

   

12. Combined Monthly Total Day Care and Special Expenses (add

   

i

 
 

both parents' day care and special expenses from line 11 e}

 

-

13. Total Health Care, Day Care, and Special Expenses (line 1Od plus line 12)

=

'

$891.00

14. Each Parent's Obligation for Health Care, Day Care, and Special Expenses (multiply each number on line 6 by line 13)

$484.70

$406.30

Part IV: Gross Child Support Obligation

 

15.

Gross Child Support Obligation (line 9 plus line 14)

$2,201.56

$1,845.44

WSCSS-Worksheets - Mandatory (CSW/CSWP) 0512016 Page 2 of 5

 

Charles

Sally Jo

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

 

16.

Child Support Credits

 

a. Monthly Health Care Expenses Credit

$891.00

-

b. Dav Care and Special Expenses Credit

 

- -

c. Other Ordinary Expenses Credit (describe)

   

- -

- -

- -

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

$891.00

-

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 qreater)

   

$1,310.56

$1,845.44

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)

$3,639.53

$3,054.14

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

   

$429.22

$359.79

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

-

 

-

 

Charles

Sally Jo

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

-

-

e.

Income From Child Support

   
 

Name

-

-

 

Name

-

-

f.

Income From Assistance Proqrams

   
 

Program

-

-

 

Proqram

-

-

Q.Other Income (describe)

     
 

-

-

 

-

-

23. Non-Recurrinq Income (describe)

     
 

-

-

 

-

-

24. Child Support Owed, Monthly, for Bioloqical or Leoal Child(ren)

   

Name/age:

Paid

f l Yes

f l No

-

-

Name/age:

Paid []Yes

[] No

-

-

Name/aqe:

Paid fl Yes

fl No

-

-

25. Other Child{ren) Living In Each Household (First name(s) and age(s))

     
   

26.0ther Factors For Consideration

 

WSCSS-Worksheets - Mandatory (CSW/CSWP) 0512016 Page 4 of 5

 

Other Factors For Consideration (continued) (attach additional pages as 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.

Parent's Signature (Column 1)

Parent's Signature (Column 2)

Date

City

Date

City

Judicial/Reviewing Officer

 

Date

This Worksheet has been certified by the State of Washington Administrative Office of the Courts. Photocopying of the worksheet is permitted.

WSCSS-Worksheets - Mandatory (CSW/CSWP) 0512016 Page 5 of 5

c:

\state

templates\waworksheet.dtf y:\family soft\price, c\price, c.scp 11 /29/2017 11 :19 am

SupportCalc® 2017

EXHIBITD

V. FREITAS LAW, PLLC

544 29th Ave Seattle, Washington 98122 Itel• (206)328-7362 Ifax• (206)323-0404

Washington State Child Support Schedule Worksheets

[

Or, [ ] Signed by the Judicial/Reviewing Officer. (CSW)

] Proposed by [

]

[ ] State of WA

[

] Other

(CSWP)

County Snohomish

Child/ren and Age/s: Alex Price, 14; Colby Price, 11; Madison Price, 5

Case No. 17-3-02497-31

Parents' Names: Charles A. Price, Jr. (Column 1)

3lly Jo Price (Column 2)

 

Charles

Sally Jo

Part I: Income (see Instructions, paqe 6)

 

1.

Gross Monthly Income

     
 

a. Waqes and Salaries

 

$14016.78

$1,929.89

 

b. Interest and Dividend Income

   

-

 

-

 

c. Business Income

   

-

 

-

 

d. Maintenance Received

   

-

$4,298.38

 

e.Other Income

   

-

 

-

 

f.

lmouted Income

 

-

 

-

 

q.

Total Gross Monthly Income (add lines 1a throuqh 1f)

 

$14016.78

$6,228.27

2. Monthly Deductions from Gross Income

   
 

a. Income Taxes (Federal and State)

Tax Year: 2017

$1,286.06

$194.67

 

b. FICA (Soc.Sec. +Medicare)/Self-Employment Taxes

   

$860.44

$147.63

 

c. State Industrial Insurance Deductions

   

- -

 

d.Mandatory Union/Professional Dues

   

- -

 

e.

Mandatory Pension Plan Payments

   

- -

 

f.

Voluntarv Retirement Contributions

   

$416.67

 

-

 

q.

Maintenance Paid

 

$4,298.38

 

-

 

h.

Normal Business Expenses

   

-

 

-

 

i. Total Deductions from Gross Income {add lines 2a through 2h)

 

$6,861.55

$342.30

3. Monthly Net Income (line 1g minus 2i)

 

$7,155.23

$5,885.97

4. Combined Monthly Net Income (add both parents' monthly net incomes from line 3)

   

$13,041.20

 

5. Basic Child Support Obligation (Combined amounts~)

       
 

Alex Price

$1206.00

Colby Price

$975.00

$3,156.00

,

Madison Price

$975.00

 

-

-

6. Proportional Share of Income (divide line 3 by line 4 for each

   

.549

 

.451

parent)

     

WSCSS-Worksheets - Mandatory (CSW/CSWP) 0512016 Page 1 of 5

 
 

Charles

Sally Jo

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.)

   

$1,732.64

$1,423.36

8.

Calculatinq low income limitations: Fill in only those that aooly.

   
 

Self-Support Reserve: (125% of the Federal Poverty Guideline.)

 

$1,256.00

 

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-SuQQOrt Reserve? If yes, for that parent enter the presumptive $50 per child.

 

- -

c.

Is Monthly: Net Income egual to or more than Self-SuQQOrt 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.

$1,732.64

$1,423.36

Part Ill: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8)

10.

Health Care Expenses

     
 

a.

Monthly Health Insurance Premiums Paid for Child(ren)

$891.00

 

-

 

b.Uninsured Monthly Health Care Expenses Paid for Child(ren)

 

-

 

-

 

c.Total Monthly Health Care Expenses (line 10a plus line 10b)

$891.00

 

-

 

d.Combined Monthly Health Care Expenses

     
 

(add both parent's totals from line 1Oc)

$891.00

11 . Day Care and Special Expenses

   
 

a. Day Care Expenses

   

- -

 

b. Education Expenses

   

- -

 

c. Long Distance Transportation Expenses

 

- -

 

d.Other Special Expenses (describe)

   
   

- -

   

- -

   

- -

   

- -

 

a.Total Day Care and Special Expenses

 

- -

 

(Add lines 11 a throuqh 11 d)

12. Combined Monthly Total Day Care and Special Expenses (add

     
 

both parents' day care and special expenses from line 11 e)

 

-

13. Total Health Care, Day Care, and Special Expenses (line 1 Od plus line 12)

 

$891.00

 

14. Each Parent's Obligation for Health Care, Day Care, and Special Expenses (multiply each number on line 6 by line 13)

$489.16

$401.84

Part IV: Gross Child Support Obligation

 

15.

Gross Child Support Obligation (line 9 plus line 14)

$2,221.80

$1,825.20

WSCSS-Worksheets - Mandatory (CSW/CSWP) 0512016 Page 2 of 5

 

Charles

Sally Jo

Part V:

Child Support Credits (see Instructions, page 9)

 

16.

Child Support Credits

 
 

a. Monthly Health Care Expenses Credit

$891.00

-

 

b. Day Care and Special Expenses Credit

 

- -

 

c. Other Ordinary Expenses Credit (describe)

 

- -

 

- -

- -

 

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

$891.00

-

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)

$1,330.80

$1,825.20

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)

$3,219.85

$2,648.69

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

$433.16

$355.84

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

-

-

 

Charles

Sally Jo

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