Child Support Attorney in Vancouver, Washington

When two people have a child but choose to live apart, then there will generally be a custodial parent with whom the child spends the majority of the time and a noncustodial parent who spends less than 50 percent of the time with the child. The custodial parent is assumed under the laws of Washington State to spend his or her income on the child, so the noncustodial parent is responsible for child support.  

To calculate a noncustodial parent’s child support, Washington has created an online Child Support Worksheet Calculator.  

The worksheet starts off simply enough by having you enter all sources of income and then deduct obligations, such as federal and state taxes, FICA (Social Security and Medicare) taxes, business expenses, and the like. It then gets more complicated as you must compute expenses for the child or children involved, including health care, daycare, education, and other expenses.  

If you as a parent in or around Vancouver, Washington, are looking to establish or modify a child support arrangement, contact our legal team at Keystone Family Law. We can help you navigate the system to protect your rights and obligations so that you can move forward in life. We proudly serve clients not only in the Vancouver area but also throughout Clark County. 

Understanding Child Support in Washington 

Income, for purposes of determining a child support payment, includes all sources: salary, wages, bonuses, commissions, pensions, severance, and military pay, along with money from dividends, interest payments, royalties, and trusts. Even an unemployed person can have income from Social Security, workers’ compensation, unemployment or disability benefits, or even veteran’s benefits. 

Deductions are allowed for state and federal taxes, FICA taxes, business expenses, previous court-ordered spousal or child support payments, and up to $5,000 in voluntary retirement savings. Mandatory retirement deductions are allowed up to the amount required, as are deductions for union dues and the like. 

Typically, child support is determined by combining the net income of both parents and determining the contribution of each by percentage. Child support is capped at 45 percent of the noncustodial parent’s income in almost every situation. 

Imputed Income 

Should one parent try to evade child support by not working, perhaps by quitting a job or abandoning a business, the court overseeing the case can impute income based on past employment history, education and training, and other factors. In other words, you’ll have to pay anyway. 

When the court determines how much income a parent should be imputed, they follow a priority list. First, the court considers the parent's current pay rate. Then, if they don't have that information, the court looks at the parent's past pay rate based on reliable data. If there still isn't enough information, the court uses an incomplete or sporadic pay rate from the past. Next, if the parent was on assistance or recently faced challenges like being in jail or graduating high school, the court assumes they earn minimum wage for 32 hours per week. After that, if the parent has a history of earning minimum wage, has never had a job, or has no significant work history, the court assumes they earn minimum wage for full-time hours. Lastly, if none of the previous options apply, the court uses the average monthly income of full-time workers in the country as a reference.

Challenging a Washington Child Support Award 

Washington law does provide for challenges by either parent to a court-ordered award. The factors for determining whether an award should be increased or decreased with a child support deviation are set forth statutorily and include: 

• income from a new spouse or domestic partner 

• income from other adults in the household 

• child support received from other relationships 

• gifts, prizes, or other sources of wealth 

• extraordinary income of the child 

• exclusions for nonrecurring income, including overtime, bonuses, or income from second jobs 

• extraordinary debt not voluntarily incurred 

• children from other relationships 

• the difference in the parents' costs of living 

• a child's special needs 

• time the child spends with each parent 

Deviations are determined by judicial discretion, even when the parents agree to a $0 child support transfer. Revised Code of Washington (RCW) 26.19.075, states: “When reasons exist for deviation, the court shall exercise discretion in considering the extent to which the factors would affect the support obligation. Agreement of the parties is not by itself an adequate reason for any deviations from the standard calculation.” 

Modifying a Child Support Order 

To get a child support order modified, you’ll have to show a substantial change in circumstances, such as a job loss, a new baby, or a medical emergency if the order has been in place for less than a year. Choosing to work less or not at all is not a valid reason for the modification. The court will use imputed income if you try to evade your obligation by working less or not at all. There has to be a substantial reason why. 

After the order has been in place for a year, the court can increase or decrease the child support amount if meeting the terms of the order has created severe economic hardship for either parent or the child, among other reasons.

After the order has been in place for two years, the court can modify the child support order if there has been a change in either party's income or there has been a change in the economic table or the standards used to determine child support.

Enforcement of Child Support in Washington 

The State of Washington can enforce child support payments by garnishing wages, intercepting tax refunds, and levying other financial or legal penalties. This could include suspending or not renew a driver's license, hunting/fishing licenses, as well as other professional or occupational licenses; attach bank accounts; the government may revoke, not issue, or refuse to renew a U.S. passport as well as refer to debt to credit reporting agencies.

Termination of Child Support 

Child support payments continue until the child turns 18 or is emancipated. The payments may continue under certain circumstances, such as when the child has special needs or other certain circumstances exist. If your child attends post-secondary education, this can be an event that may extend support if requested by a parent.