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Child support is a critical component of family law that guarantees children receive financial support from both parents, regardless of their relationship status. In Washington, child support is governed by a combination of state statutes and guidelines that aim to balance the financial responsibilities between parents.
In this blog, our family law attorney addresses frequently asked questions about child support in Washington, offering detailed insights into the legal processes, calculations, enforcement, and modifications related to child support.
Child support is a financial obligation that one parent (the non-primary parent) pays to the other parent (the primary parent) to help cover the costs of raising their child. The primary purpose of child support is to make sure that children’s basic needs—such as food, clothing, shelter, and education—are met, regardless of the parent's marital relationship status.
Washington uses a specific formula to calculate child support obligations, which is detailed in the Washington Child Support Schedule (RCW 26.19). The calculation considers several factors, including:
Income of both parents: This includes wages, salaries, bonuses, and other forms of income.
Number of children: The amount of support varies based on how many children are involved.
Custody arrangements: The amount of time each parent spends with the child can affect the calculation.
Medical and daycare expenses: Contributions towards the child’s medical and daycare costs are also factored in.
Other factors: Additional considerations may include the parents' other obligations and the child’s needs.
Washington provides an online child support calculator that helps estimate the amount of child support based on the inputs provided. While this calculator offers a good estimate, the final amount is subject to review by the court and may vary depending on the specific circumstances of the child or the parents.
A quick child support estimator can be found HERE, but it is always best to work with an attorney to ensure the correct income and deductions are used.
Parents can agree on child support terms and submit a proposed agreement to the court for approval. This agreement must be in the best interest of the child and adhere to Washington guidelines.
If parents can't agree, either parent can request a child support order through the court. This involves filing a petition for child support, and the court will make a determination based on the guidelines and evidence presented.
In some cases, the Washington Division of Child Support (DCS) can issue administrative child support orders. This typically occurs when one parent receives public assistance or when there's an established paternity case.
If a non-primary parent fails to pay child support, several enforcement measures can be taken. These include:
Wage garnishment: Child support payments can be automatically deducted from the non-primary parent’s wages.
Property liens: The court can place a lien on the non-primary parent’s property to secure payment.
Driver’s license and passport suspension: The state can suspend the non-primary parent’s driver’s license and passport for non-payment.
Contempt of Court: The primary parent can file a motion for contempt, which may result in legal penalties for the non-compliant parent.
The Division of Child Support (DCS) is responsible for enforcing child support orders in Washington State. DCS provides services such as locating non-primary parents, establishing paternity, and enforcing payment.
Child support orders can be modified every two years. They can be modified even sooner if there's a significant change in circumstances. Common reasons for modification include:
Change in income: A substantial increase or decrease in either parent’s income.
Change in custody: Alterations in the custody arrangement or parenting plan.
Change in needs: Changes in the child’s needs, such as medical expenses or educational requirements.
To request a modification, a parent must file a petition with the court or request with DCS. The request must include evidence of the changed circumstances and a proposed new support amount. The court or DCS will review the request and make a determination based on the updated information and the current economic table.
In Washington, child support typically continues until the child reaches the age of 18. However, support may extend beyond this age if the child is still in high school.
Child support obligations can be extended if:
Continuing education: Support from both parents could continue to support a child who is attending a community college, university, or even a trade school.
Disability: If the child has a physical or mental disability in which the child is unable to care for themselves, the support obligation may be continued.
There are strict deadlines in which the request to extend child support must be presented to the Court. It is best to consult with an attorney at the beginning of your child's senior year or four months prior to them turning 18, whichever occurs first, so as not to miss this deadline. Although most deadlines are the same, it is best to consult with an attorney early to ensure the deadline does not pass because if it is missed, nothing can be done.
If the primary parent moves out of Washington, the child support order remains in effect. The order can be enforced across state lines through the Uniform Interstate Family Support Act (UIFSA).
To enforce a child support order in another state, it may be necessary to register the order with the new state’s court or child support enforcement agency. This process confirms that the order is recognized and enforceable in the new jurisdiction.
If the child support order is being enforced by the Division of Child Support (DCS), then DCS may continue the enforcement across state lines.
In Washington, child support payments aren't tax-deductible for the paying parent and aren't considered taxable income for the receiving parent. This means that neither parent can claim a tax deduction for child support payments.
The child support order will often times order who can claim the child as a dependent.
If child support payments are overdue, several collection methods can be used:
Intercepting tax refunds: The state can intercept federal or state tax refunds to cover unpaid child support.
Bank account seizure: Funds can be seized from the non-primary parent’s bank account to satisfy unpaid support.
Property seizure: The state can seize personal property to recover unpaid child support.
The Division of Child Support (DCS) can assist in collecting unpaid child support and enforcing orders. Parents can also seek legal advice to explore additional collection options.
If a parent disagrees with the child support amount determined by the court or DCS, they can appeal the decision. The appeal process involves filing a notice of appeal with the court and providing evidence supporting the claim for a different amount. The process for an appeal can vary greatly depending on whether it is handled by the court or by DCS.
Child support obligations are separate from parenting time and custody rights. The non-primary parent has the right to seek parenting time and custody arrangements that are in the child’s best interest. Disputes over visitation or custody should be addressed through a parenting plan or custody modification.
The non-primary parent has the right to parenting time even if they are not current in their support obligations.
In divorce cases, child support is typically determined as part of the divorce proceedings. The court will issue a child support order based on the guidelines and the financial circumstances of both parents.
In paternity cases, child support may be established once paternity is confirmed. The court will determine the support amount based on the child support guidelines and the financial circumstances of both parents.
If financial difficulties make it challenging to meet child support obligations due to a reduction in your income, it's important to request a modification of the support order. Failing to seek a modification and not paying child support can result in legal penalties and enforcement actions. Additionally, the court cannot retroactively modify child support obligations. It is best to request a modification as soon as there has been a significant change in the circumstances of either parent.
Open communication with the primary parent about financial difficulties and seeking a mutual agreement for temporary adjustments can be helpful. However, formal modifications through the court or DCS should still be pursued. Handshake deals to modify child support are enforceable by the court. This is why a formal modification is essential.
As discussed above, compliance can be sought through wage garnishment and punishment like suspension of a driver's license. The court can also use its contempt powers in an attempt to force compliance. Unfortunately, if the non-primary parent makes active efforts to avoid paying child support, compliance can become very difficult.
Consulting with a family law attorney can provide guidance on verifying compliance with child support orders and addressing any legal issues that may arise.
The DCS provides a range of services, including establishing and enforcing child support orders, locating the non-primary parent, and assisting with modifications. Various legal aid organizations offer assistance with child support issues, including representation and advice for parents who may not be able to afford private legal counsel.
Family law attorneys experienced in child support cases can provide legal advice, representation, and assistance with traversing the child support process.
Understanding child support in Washington involves traversing intricate regulations and procedures designed to make sure that children receive the financial support they need. Familiarizing yourself with the guidelines, enforcement mechanisms, and modification processes, parents can help you better manage your responsibilities and address any issues that arise.
Whether you're establishing, modifying, or enforcing a child support order, it's crucial to stay informed and seek appropriate assistance to verify compliance and support the best interests of your child.
If you're looking for a family law attorney to help you traverse the child support process and procedures, contact our family law attorney at Keystone Family Law. We serve Vancouver, Washington, and all cities in Clark County.
Child support is a critical component of family law that guarantees children receive financial support from both parents, regardless of their relationship status. In Washington, child support is governed by a combination of state statutes and guidelines that aim to balance the financial responsibilities between parents.
A custody evaluation is a comprehensive assessment conducted to determine the best interests of a child or children involved in a custody dispute.
