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Serving: Yakima County | Phone: (509) 453-9181
Initial Consultations
An initial consultation is a fixed-fee meeting with your potential attorney and family law expert, which usually lasts around a half-hour. It gives you an opportunity to explain your situation in detail, get some advice on the legal issues and understand more about the process or potential outcomes.
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How much is a consultation?$100 flat rate
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Can I do a consultation over the phone if I cannot come into the office?Yes.
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How much is the retainer?Each case is different and the retainer fee will be discussed at your initial consultation.
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Where do we practice?We practice in Yakima County only.
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Can I bring my children to an appointment?We ask that you do not bring your children to office meetings since we will be discussing adult matters.
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Do I need an attorney for my family law case? Why should I consider hiring one?Hiring an attorney to represent you in your family law case offers numerous advantages and can significantly increase your chances of achieving a favorable outcome. Here are some key reasons to consider: 1. Legal Expertise: Family law is complex and varies from one jurisdiction to another. An experienced attorney possesses the knowledge and expertise to navigate the intricacies of the legal system, ensuring that your rights are protected and your case is handled effectively. 2. Objective Guidance: Emotions can run high in family law cases, such as divorce or child custody disputes. An attorney provides objective guidance, helping you make rational decisions and avoid impulsive choices that could negatively impact your case. 3. Strategy and Negotiation: Attorneys are skilled negotiators who can work to reach favorable settlements outside of court, saving you time, money, and emotional stress. They can also devise effective legal strategies if litigation becomes necessary. 4. Legal Documentation: Family law cases involve extensive paperwork and documentation. An attorney can prepare and file all necessary paperwork accurately and on time, preventing costly delays or potential errors. 5. Court Representation: If your case goes to court, having an attorney by your side is invaluable. They can present your case persuasively, cross-examine witnesses, and handle any legal challenges that may arise. 6. Protecting Your Interests: Your attorney is dedicated to safeguarding your best interests throughout the entire process, ensuring you receive a fair division of assets, appropriate child custody arrangements, or any other necessary protections. 7. Knowledge of Alternative Options: An attorney can explore alternative dispute resolution methods like mediation or collaborative law, which can lead to more amicable and less contentious resolutions. 8. Legal Network: Attorneys have access to a network of professionals, such as financial advisors, psychologists, or investigators, who can provide additional support and expertise when needed. 9. Minimizing Stress: Going through a family law case can be emotionally draining. Having an attorney handle the legal aspects allows you to focus on healing and moving forward with your life. Remember, family law cases can have long-lasting effects on your life and the lives of your loved ones. Hiring a skilled attorney can be a wise investment to protect your rights and secure a positive outcome in your case.
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What if I can't afford an attorney?If you cannot afford an attorney and if you have already attended the divorce orientation, you may contact the Family Court Facilitator, Angela Gutierrez to schedule an appointment. She can be reached at 509-574-2695, FamilyCourtFacilitator@co.yakima.wa.us A Family Court Facilitator is a professional who assists individuals navigating the family court system, often within the context of family law matters such as divorce, child custody, child support, and domestic violence cases. Their primary objective is to provide support and guidance to self-represented litigants who may not have legal representation. They offer assistance to individuals by: 1. Providing Information: Family Court Facilitators help individuals understand court procedures, rules, and deadlines. They explain the required forms and documentation, ensuring litigants have a clear understanding of the process. 2. Offering Procedural Guidance: They assist litigants in completing court forms accurately, ensuring that all necessary information is included. They can review forms for completeness and provide guidance on filing procedures. 3. Facilitating Mediation and Dispute Resolution: Family Court Facilitators may help parties explore alternative dispute resolution methods such as mediation. They can provide information about the benefits of mediation and help parties navigate the process. 4. Referring to Support Services: They can refer individuals to appropriate community resources, such as legal aid organizations, counseling services, or programs for domestic violence victims, based on their specific needs. 5. Assisting with Document Preparation: Family Court Facilitators may help individuals prepare basic legal documents, such as petitions, responses, and financial affidavits. They can guide litigants on how to present their case effectively. It's important to note that while Family Court Facilitators can provide guidance and support, they do not provide legal advice or represent individuals in court. Their role is primarily focused on helping individuals understand and navigate the family court system, ensuring access to justice and facilitating a more efficient resolution of family law matters.
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Where can I take the Parent Education Class?You can take the class online. Please ensure that you have been directed to take this course. Click here: Parenting Classes
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What if I need an interpreter?Let us know if you need an interpreter for meetings with our office. We have bilingual staff available to help. For hearings are the court house, let the court know and they will make arrangements to have an interpreter available for your court hearing at no cost to you.
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Do I need an attorney?You are not required to have an attorney and you may represent yourself. You may also hire an attorney at any time.
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How long does a divorce take?In Washington State, there is a mandatory 90-day waiting period which must elapse before a judge can sign a decree. The 90 days starts on the date of filing (if agreed) or the date of service (if contested).
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Can I get an annulment instead of a divorce?An Annulment is actually called a Declaration of Invalidity. You must meet very specific criteria in order to file for Invalidity. For example, mental incapacitation or prior undissolved marriages.
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Does it matter who files for divorce first?Either party can file for divorce. The person who files the divorce is called the Petitioner, and the other party is called the Respondent. Either party can request relief, regardless of who filed first.
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What if I cannot find my spouse?You may request court permission to serve them by mail to a last known address or family members address.
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What if my spouse does not agree with my request?Your spouse will be served with copies and may file a Response to Petition for Dissolution with the court. They should also mail a copy to you.
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Can I get an emergency custody order?Yes. You may request the court grant you emergency custody. If the court feels it is appropriate, the judge may sign an order immediately.
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Is there a certain age in which children get to decide where they want to live?No. There is no specific age at which children can make legal decisions. The court may take the child’s wishes into account if they are of sufficient age and maturity.
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Will the judge speak with the children?If the court feels it is appropriate, the judge may interview the children or appoint a Guardian Ad Litem (GAL) to speak with the children outside of court. The GAL may also speak to you and the other party.
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Do I have to ask for child support?Yes. Even if you have an administrative support order through Department of Social and Health Services, you are still required to file a Child Support Worksheet with your divorce.
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Can we agree on our own dollar amount for child support?The court uses a child support worksheet in each case to determine a standard amount of support. The court generally orders the standard amount unless there is a specific reason to deviate. Agreement of the parties is not a basis for deviation.
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Do I have to take a parenting class?If you have minor children (under the age of 18) with your spouse, you are required to take a mandatory parenting class. Online Parenting Programs.com has been approved by Yakima County Superior Court to meet this requirement. Your certificate must be filed in the Clerk's office (Room 323). You can view a flyer of the program in English and Spanish.
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Do I have to go to court?If your case is contested, you will have to go to court.
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Do I need an attorney?You are not required to have an attorney and you may represent yourself. You may also hire an attorney at any time.
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Do I have to file for separation before filing for divorce?No, you do not have to file for a separation prior to divorce.
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Can I convert the separation to a divorce later?Yes. You must wait at least 6 months from the date the Decree of Separation was signed in order to convert it to a divorce.
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How long can I stay legally separated?As long as you wish. There is no time limit once the decree has been signed.
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Does it matter who files for separation first?Either party can file for a legal separation. The person who files the separation is called the Petitioner and the other party is called the Respondent. Either party can request relief, regardless of who filed first.
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How long does a separation take?The 90-day waiting period (as in a divorce) does not apply to legal separations. If your case is agreed, your decree can be signed quickly. However, if your case is contested, it can take much longer.
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What if my spouse does not agree with my request?Your spouse will be served with copies and may file a Response to Petition for Legal Separation with the court. They should also mail a copy to you.
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What if I cannot find my spouse?You may request court permission to serve them by mail to a last known address or family members address.
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Can I get an emergency order?Yes. You may request the court sign an emergency order. If the court feels it is appropriate, they may sign an order immediately. The order may relate to property, debts, custody, visitation, child support, or spousal maintenance.
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Do I have to take a parenting class?If you have minor children (under the age of 18) with your spouse, you are required to take a mandatory parenting class. Online Parenting Programs.com has been approved by Yakima County Superior Court to meet this requirement. Your certificate must be filed in the Clerk's office (Room 323). You can view a flyer of the program in English and Spanish.
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Do I have to go to court?If your case is contested, you will have to go to court.
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How much is the filing fee for a protection order?The filing fee for an anti-harassment order is $83
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Can I file one petition against multiple people?A separate petition for protection shall be filed for each respondent.
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How do I know if the temporary order was served?If law enforcement is serving, you can register your protection order with WA Protective Order Service. This free, automated service lets you know when a order has been served. You can call 1-877-242-4055 or visit www.registervpo.com
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Can we file together against the same person?A single petition for protection may be filed on behalf of a marital community where both parties reside at the same address, or on behalf of minor children who reside at the petitioner’s address. In all other cases a separate petition must be filed by each adult
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Do I need an attorney to get a Protection Order?No, an attorney is not required. You can fill out the forms yourself.
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What if the person harassing me is a minor?The District Court must transfer to Superior Court when the respondent is under the age of 18 years.
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When and where do I pay?You can pay in person Yakima: Room # 225. 128 N. 2nd Street, Yakima, WA 98901, or Grandview: 1313 W. Wine County Road, Grandview, WA 98930. You can also pay online at https://client.pointandpay.net/web/YakimaCountyDistrictCourtWA
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How will I know if my petition was approved or denied?A Judge/Commissioner will review your petition within 24 hours. You may call the court at 574-1804 or use the live chat feature on the court’s website https://www.yakimacounty.us/2742/Protection-Orders to ask the status of your petition.
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What if I don’t know the respondent’s address or date of birth?You may estimate the respondent’s age, but you must fill out the attached Law Enforcement and Confidential Information sheet to the best of your ability. Please note that if the order can not be served, the order will not be valid.
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What is the difference between each type of protection order/ Which one of the types of orders do I choose?More than one type of order may apply, but you will need to chose the one that best fits your situation. For more information about each type of protection order click here.
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Can I get an emergency custody order?No, the court does not make custody determinations without all parents receiving advance notice that the court may be taking actions regarding where a child should live. In emergency situations, the court can issue an ex-parte restraining order/order to show cause (or other type of restraining order/order of protection) without notice to the parents which may authorize the child to live with you for up to two weeks until a full hearing can be held with all parents participating in the hearing.
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Is there someone that can help me fill out this form if I cannot afford an attorney?You may contact the Legal Resources for civil Protection Orders https://www.yakimacounty.us/DocumentCenter/View/33275/Legal-Resources or the Local Community Resources https://www.yakimacounty.us/DocumentCenter/View/33385/Local-Community-Resource-List
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Do I need an attorney?You are not required to have an attorney and you may represent yourself. You may also hire an attorney at any time.
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What is the basis for a change of custody?Your child has moved in with you with the full consent of the other parent or the child is in danger of physical or emotional harm in the custodial parent’s home and your home offers more safety and security or the custodial parent has been held in contempt of court twice in the last 3 years for violation of the parenting plan or has been convicted of custodial interference.
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What is the basis for a change of visitation?Your residence or job changed, and the parenting plan does not work because of that change or the requested change does not exceed 24 calendar days in a year or the current parenting plan does not provide reasonable residential time and your proposed parenting plan does not provide for more than 90 overnights per year.
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Is there a certain age in which children get to decide where they want to live?No. There is no specific age at which children can make legal decisions. The child’s wishes are not a basis for modification.
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Will the judge speak with the children?If the court feels it is appropriate, the judge may interview the children or appoint a Guardian Ad Litem (GAL) to speak with the children outside of court. The GAL may also speak to you and the other party.
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What if the other party does not agree with my request?If the other party disagrees with your request to modify the parenting plan, they must file a response. You will then be required to schedule a hearing and serve the other party with notice.
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What if I cannot find the other party?You may request court permission to serve by mail to a last known address or family member’s address.
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If I request a change of custody, do I have to ask for child support?Yes. The child is entitled to support even if you or the other party do not want it.
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Can I get an emergency custody order?Yes. You may request the court grant you emergency custody. If the court feels it is appropriate, they may sign an order immediately.
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Do I have to go to court?If the other party responds, you will have to go to court. You may have several court hearings.
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Do I need an attorney?You are not required to have an attorney and you may represent yourself. You may also hire an attorney at any time.
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How often can I modify my child support order?Generally the court will allow you to modify a support order every 2 years if there has been a change in income or circumstances of the parties.
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What is the basis for child support modification?You may request to change the support obligation if incomes of the parties have changed or children have moved to a new age category. You will be required to provide a copy of your most recent pay stub as well as the last 2 years tax returns and W-2 forms. The court may base your income on past earnings.
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If the paying parent has another biological child, is that a basis for modification?The court may choose to set support at an amount lower than the standard calculation based on the fact that the paying parent also supports other biological children.
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If either parent remarries, is that a basis for modification?Generally, remarriage would not be a basis to modify child support because the support is based only upon the biological parent’s income. However, parties do have an obligation to disclose a new spouse’s income in a support modification proceeding.
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What if the paying parent is unemployed or going to college full time?The court can impute income to them which can be based on past earnings or earning potential given their age.
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What if the other party does not agree with my request?If the other party disagrees with the request to modify child support, they must file an answer. You will then be required to schedule a hearing so the court can determine if support should be modified.
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Can I change the amount of back support I owe?No. The court may only change your current obligation. You will still owe any back support under prior orders.
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Can I ask for college support (post-secondary support)?Yes, provided your order allows you to do so. However, you must file a petition before the child graduates from high school or turns 18, depending on the language on your Order of Child Support. You will need to supply the court with information concerning your child’s high school grades, college to be attended, and financial aid received.
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Will my support obligation change when I file the petition?No. Your obligation will not change until a judge signs a new order.
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Do I have to go to court?If the other party responds to the Petition to Modify Child Support, you will have to go to court.
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Do I need an attorney?You are not required to have an attorney and you may represent yourself. You may also hire an attorney at any time.
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What is the basis of non-parental custody?You must prove to the court that the child does not reside with either parent or that neither parent is a suitable custodian.
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Will the court check my background?The court will perform a CPS background check on you and any other adults living in your household. You will obtain a Washington State Patrol criminal history check on you and any other adults living in your household. The court will use this information when determining custody.
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Will the judge speak with the children?If the court feels it is appropriate, the judge may interview the children or appoint a Guardian Ad Litem (GAL) to speak with the children outside of court. The GAL may also speak to you and the other party.
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Do I have to notify both parents about my request for custody?Yes. Both parents must be served or sign your papers if they are in agreement. You must notify both parents even if they have not been involved in the child’s life.
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What if I cannot find one or both of the parents?You may request court permission to serve by mail to a last know address/family member’s address or by publication if there whereabouts are unknown.
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What if I don’t know the father’s name or address?If the father is unknown and is not listed on the birth certificate, you may ask the court for permission to serve him by publication.
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Can I get an emergency custody order?Yes. You may request the court grant you emergency custody. If the court feels it is appropriate, they may sign an order immediately.
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How long does it take to obtain permanent custody?If both parents agree, your case may be completed in 1 month. If either parent contests your request for custody, your case may take longer than 6 months to complete.
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Do I have to go to court?If either parent contests your request for custody, you will have to go to court. You may have several court hearings.
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How much will mediation cost?Mediation services for family related matters are available on a sliding fee scale which ranges from $25 to $170 per party for each 2-3 hour mediation session. Fees can be waived in extreme financial situations. If you're being represented by counsel, this cost will be in addition to the costs associated with your lawyers presence and representation during mediation.
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What happens if the mediation doesn’t resolve the conflict?You could come back to court to have the judge to make the decisions necessary in your case.
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What is the “DRC” and how is it funded?The Dispute Resolution Center (DRC) of Yakima and Kittitas Counties is a non-profit agency under contract to the Yakima and Kittitas County Commissioners. Funding comes from a surcharge on filing of District Court civil cases, mediation and training fees, fundraising and grants. The DRC has been helping people resolve conflicts since 1994 and about 80% of people using our services reach a settlement.
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In what Domestic Relations situations is mediation helpful?Mediation is most helpful in situations in which parties are willing to sit down and talk together with the help of a trained mediator. The mediation process can help improve communication between divorced or separated parents. It can help them work together to develop a parenting plan that works well for the children and both parents. It can also be used to help divorcing couples divide up their assets and liabilities.
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Do I need an attorney?You are not required to have an attorney and you may represent yourself. You may also hire an attorney at any time.
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What is the basis of contempt?You are alleging that the other party is not following a specific portion of your court order.
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Do I have to go to court for a Contempt of Court hearing?Yes. You will go to court 2 times. The first appearance will be without the other party and you will explain the problem. The second appearance will include the other party and you may both explain your position to the Judge.
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How long does this process take?Contempt actions usually take about 3 weeks to complete.
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What happens if the other party is found in contempt?The court will put the other party on notice that they must follow the order. They may also order make-up visitation for missed visits or payment plans for back child support or maintenance.
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