Court action is commenced by the natural parent or parents, the Court shall consider the best
welfare and interests of the child, including the child’s need for situation stability, in determining
the matter of custody, and the parent or person who is more fit shall have the superior right to
custody.
7-4.13 Support Orders-Time Limit, Exception.
(a) A Court may not order payment for support provided or expenses incurred more than 5 years
prior to the commencement of the action.
(b) Any period of time in which the responsible party has concealed himself, avoided service of
process, or been absent from the jurisdiction of the Court under this Chapter shall not be
included within the 5-year period.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-4.14 Temporary Support-Temporary Restraining Order-Preliminary Injunction-Support Debts, Notice.
(a) If the Court has made a finding as to the paternity of a child, or if a party’s acknowledgment of
paternity has been filed with the Court, or a party alleges he is the father of the child, any party
may move for temporary support for the child prior to the date of entry of the final order.
(1) The motion shall be accompanied by an affidavit setting forth the factual basis for the
motion and the amounts requested.
(b) Any party may request the Court to issue a temporary restraining order or preliminary injunction
providing relief proper in the circumstances, and restraining or enjoining any party from:
(1) Molesting or disturbing the peace of another party;
(2) Entering the home of another party; or
(3) Removing a child from the jurisdiction of the Court.
(c) The Court may issue a temporary restraining order without requiring notice to the other party
only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could
result if an order is not issued until the time for responding has elapsed.
(d) The Court may issue a temporary restraining order or preliminary injunction and an order for
temporary support in such amounts and on such terms as are just and proper in the
circumstances.
(e) A temporary order, temporary restraining order, or preliminary injunction:
(1) Does not prejudice the rights of a party or any child which are to be adjudicated at
subsequent hearing in the proceedings;
(2) May be revoked or modified;
(3) Terminates when the final order is entered or when the petition is dismissed; and
(4) May be entered in a proceeding for the modification of an existing order.
7-4.15 Costs.
(a) The Court may order reasonable fees of experts and the child’s guardian ad litem, and other
costs of the action, including the cost of paternity tests, to be paid by the parties in proportions
and at times determined by the Court.
(b) The Court may order that all or a portion of a party’s reasonable attorneys’ fees be paid by
another party.
7-4.16 Enforcement of Judgments or Orders.
(a) If existence of the father and child relationship is declared, or paternity or a duty of support has
been acknowledged or adjudicated under this Chapter or under other or prior law, the obligation
of the father may be enforced in the same or to her proceedings by the mother, the child, the
public authority that has furnished or may furnish the reasonable expenses of pregnancy,
confinement, education, support, or funeral, or by another person, including a private agency, to
the extent it has furnished or is furnishing these expenses.
(b) The Court may order support payments to be made to a parent, the Clerk of the Court, or a
person, corporation, or agency designated to administer them for the benefit of the child under
the supervision of the Court.
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Revised Spokane Law & Order Code, 5/14/2013