CHILD SUPPORT

Question 1

HOW DO YOU MODIFY CS IN WA?

Answer 1

Generally you initiate the case by completing the self-explanatory forms located on the Washington State Court Forms website, filing them with the local superior court clerk’s office, paying the filing fee set by the county, and serving the documents on the opposing party. The method of finalizing the modification proceeding varies from county to county.

Question 2

Should CLIENT Modify Child Support?

Answer 2

To modify child support you must prove a relevant change in circumstances. That change must occur after entry of your current child support order. And the change must be substantial. Typical examples include a) a change in income for one or both parties, b) the payor becoming financially responsible for children from other relationships (reason to reduce child support by deviation), or c) a child getting into college or becoming mentally disabled (reason for post-secondary support).

Question 3

What Is an Adjustment of Child Support?

Answer 3

There are two ways to change child support – by 1) adjustment and 2) modification. An adjustment is a quick method intended for simple changes. By comparison, a modification is a more extensive procedure intended for complex changes.

An adjustment usually takes about two weeks from the beginning until the end. Any requested change that does not qualify as the complex is allowable. Commonly adjustments involve using the same calculation formula as in the current order but merely plugging in the parties’ new incomes. The process is by “motion”, a request for small relief.

Question 4

Which State or County Should A Child Support Modification Be Filed In?

Answer 4

Generally a child support modification should be filed in the state or country that entered the prior child support order so long as the child or either parent still lives there. For example, if Washington entered the current child support order, the state’s courts would have “exclusive continuing jurisdiction” over the order so long as either of the parents or the child lives in Washington.

If the parties and child(ren) have all stopped residing in the state or country that issued the current child support order, the child support modification can be filed in Washington if and only if Washington has sufficient connection to each of the parties. Sufficient connection for this jurisdictional analysis usually means a) service of the petition upon the party while he or she is in Washington, b) the party lives or lived in Washington, c) the party consents to Washington having jurisdiction, or d) the party conceived the child(ren) in Washington.

Even if none of the involved people still live in Washington, the parties can agree to Washington maintaining jurisdiction to modify the order.

Question 5

Process of Modifying a Court-Issued Child Support Order

Answer 5

Documents that Start the Modification Process. Self-explanatory templates are available on the Washington Court Forms Website under Family Law > Child Support > Petition to Modify Child Support. The party seeking modification will need to complete:

a Summons,
a Petition for Modification,
a Confidential Information Form (plus the attachment if your case involves enough people that you run out of space),
Child Support Schedule Worksheets,
a Financial Declaration,
a Sealed Financial Source Documents Cover Sheet (attach proof of your income, which the court will call your “Sealed Financial Source Documents”), and
Proof of Service (proof of service by mail, personal service, or acceptance of service – see our article on service for a complete explanation of the options for serving documents).
The Sealed Financial Source Documents typically consist of your last two years’ tax returns, last two years’ W-2s, and paystubs for the current calendar year. Sealing them means to put a Sealed Financial Source Documents Cover Sheet on them as the top page. This ensures the court will place them in a special file the public can’t read.

Question 6

WHAT Additional Documents You Need If You Want a Temporary Child Support Order?

Answer 6

prepare a Motion for a Temporary Family Law Order and a proposed Child Support OrderIn additional to the documents already mentioned BUT LISTED BELOW:a Summons,
a Petition for Modification,
a Confidential Information Form (plus the attachment if your case involves enough people that you run out of space),
Child Support Schedule Worksheets,
a Financial Declaration,
a Sealed Financial Source Documents Cover Sheet (attach proof of your income, which the court will call your “Sealed Financial Source Documents”), and
Proof of Service (proof of service by mail, personal service, or acceptance of service – see our article on service for a complete explanation of the options for serving documents).

Question 7

How to file a Motion

Answer 7

A motion is how you ask the court to make a small decision (as opposed to a petition, which is how you ask the court to make a large decision).

Usually, a motion is a request for the court to make a decision DURING the case as opposed to requesting that the court decide the case’s final outcome.

Generally, you initiate a motion by submitting at least the following four types of information in writing:

1. A document called a motion. It tells the court and opposing party(ies) what you’re asking for.
2. One or more declarations. These are essentially witness statements, explaining the facts you believe the court should know for the motion.
3. A calendar note is sometimes called a hearing notice. This tells the court and opposing party(ies) when and where the court will hear (decide) the motion.
4. Proposed Order(s). These are the documents you want the court to sign into effect.

Sometimes more documents are necessary. Usually, you can find all required documents on Washington’s Court Forms Website under Family Law.

Question 8

Filing & Serving the Documents

Answer 8

Once done drafting these documents, make several (at least three) sets of copies, for a total of at least four sets including the originals.

1. Filing. File all your original documents with the clerk of the court.
2. Working Copies. Provide the second set as “working copies” for the judge or commissioner who will decide the hearing.

Ask around at the courthouse to find out where working copies go. There’s probably a dropbox. Often you will need to stamp the upper right corner of the first page and fill in the stamp’s blanks with routing information. You will know, because there’ll be a stamp of this sort sitting next to the working copy dropbox.

Routing information means the date and time of the upcoming hearing and where the working copies should go. You can find out where the document are supposed to go by looking at the calendar note or hearing notice. The documents go to the judge, commissioner, or hearing calendar named there.

When delivering working copies, you might also need to insert the top document into a machine that marks the time and date you dropped off your materials. If so, there should be a machine sitting next to the working copy dropbox.

Some counties have online systems for submitting and routing working copies. Rest assured, you do not need to use the online system if you are a layperson representing yourself.

3. Service on Opposing Party(ies). Serve a set on every party to the case. Often there’s only one other party – your ex. But sometimes there are more, such as a GAL and/or county prosecutor.

You can find the allowed methods of serving documents in How to Serve Papers in a Washington State Divorce.

As mentioned above, you probably need to serve the opposing party around 7-14 days before the return hearing. The exact deadline depends on the county’s local rules.

4. Your Copies. Keep the last set of copies for yourself.

Question 9

Calculating Child Support in Washington State: What are The Basics?

Answer 9

Most types of income should be included, such as overtime, wages from a second job, and bonuses. But there are nonetheless types of income that should be excluded, such as non-recurring income (one-time gifts, prizes, and bonuses)

Question 10

What is the ‘maximum presumptive amount of child support?

Answer 10

$12,000

Question 11

What should you do when You Are Not Sure About the Other Side’s Income?

Answer 11

If you do not know the other side’s income, use the highest income you think is possible when running your proposed figures for your court submissions. For example, if you think the other party earns between $5,000 and $10,000 per month, type $10,000 per month into the child support calculator. Guessing high motivates the other party to prove you wrong by supplying proof of his or her actual income to the court. The court will then use the other side’s actual income.]

Question 12

Can you Extend the Economic Table?

Answer 12

Washington’s child support formula only extends to a combined monthly income of $12,000 for the parties. The result is that the standard transfer payment for higher-earning parents does not rise much after their combined incomes reach this threshold. This barrier is sometimes called the ‘maximum presumptive amount of child support.

If you are a primary care parent affected by this maximum, you can argue for an extrapolated economic table. An extrapolated economic table extends beyond $12,000 total income, allowing for higher child support figures. Unfortunately, you might need an attorney to argue for extrapolation. It usually requires software only accessible to legal professionals, such as SupportCalc.

(3) Income above twelve thousand dollars. The economic table is presumptive for combined monthly net incomes up to and including twelve thousand dollars. When combined monthly net income exceeds twelve thousand dollars, the court may exceed the presumptive amount of support set for combined monthly net incomes of twelve thousand dollars upon written findings of fact.

Question 13

RCW 26.19.065

What are the Standards for establishing lower and upper limits on child support amounts?

Answer 13

(1) Limit at forty-five percent of a parent’s net income. Neither parent’s child support obligation owed for all his or her biological or legal children may exceed forty-five percent of net income except for good cause shown.
(a) Each child is entitled to a pro rata share of the income available for support, but the court only applies the pro rata share to the children in the case before the court.
(b) Before determining whether to apply the forty-five percent limitation, the court must consider whether it would be unjust to apply the limitation after considering the best interests of the child and the circumstances of each parent. Such circumstances include, but are not limited to, leaving insufficient funds in the custodial parent’s household to meet the basic needs of the child, comparative hardship to the affected households, assets or liabilities, and any involuntary limits on either parent’s earning capacity including incarceration, disabilities, or incapacity.
(c) Good cause includes, but is not limited to, possession of substantial wealth, children with daycare expenses, special medical needs, educational needs, psychological needs, and larger families.
(2) Presumptive minimum support obligation. (
a) When a parent’s monthly net income is below one hundred twenty-five percent of the federal poverty guideline for a one-person family,

a support order of not less than fifty dollars per child per month shall be entered unless the obligor parent establishes that it would be unjust to do so in that particular case.

The decision whether there is a sufficient basis to deviate below the presumptive minimum payment must take into consideration the best interests of the child and the circumstances of each parent.

Such circumstances can include leaving insufficient funds in the custodial parent’s household to meet the basic needs of the child, comparative hardship to the affected households, assets or liabilities, and earning capacity.

(b) The basic support obligation of the parent making the transfer payment, excluding health care, daycare, and special child-rearing expenses, shall not reduce his or her net income below the self-support reserve of one hundred twenty-five percent of the federal poverty level for a one-person family, except for the presumptive minimum payment of fifty dollars per child per month or when it would be unjust to apply the self-support reserve limitation after considering the best interests of the child and the circumstances of each parent.

Such circumstances include, but are not limited to, leaving insufficient funds in the custodial parent’s household to meet the basic needs of the child, comparative hardship to the affected households, assets or liabilities, and earning capacity. This section shall not be construed to require monthly substantiation of income.

(3) Income above twelve thousand dollars. The economic table is presumptive for combined monthly net incomes up to and including twelve thousand dollars. When combined monthly net income exceeds twelve thousand dollars, the court may exceed the presumptive amount of support set for combined monthly net incomes of twelve thousand dollars upon written findings of fact.

Question 14

What Qualifies for a Child Support Deviation?

Answer 14

The court generally will not deviate unless it is for one of the listed reasons. The most important deviations are:

1. Substantial Visitation (Residential Credit).

Child support can deviate downward if the non-primary care parent has substantial residential time with the child(ren).

** Substantial residential time usually means more than ** 90 overnights with the child(ren) each year

**This is the primary basis for court-ordered deviation according to a 2018 study (47% of all deviations ordered).

** There is no exact formula for calculating a residential credit.

** The law allows judges to deviate however much or little they think is appropriate based upon the parties’ relative finances.

** Notably, this deviation only applies if the primary care parent will still have adequate funds to support his or her household.**

** By definition, a primary care parent would not have sufficient funds if he or she already receives financial assistance from the state (TANF).**

2. Other Children. Child support can deviate downward if the non-primary care parent has additional children from different relationships.

** This is the second-largest basis for deviation (42% of all deviations ordered). To understand this deviation, it is helpful to know more about the standard transfer calculation.

** The standard transfer calculation increases when the parties have more children in common but by less for each additional child. In essence, the standard transfer calculation provides a bulk discount when the parties have more kids together. For example, child support might be $500 per child if the parties have 2 children ($500 + $500 = $1,000 total) but only $400 per child if the parties have 3 children ($400 + $400 + $400 = $1,200).

** By discretionary deviation, a judge can provide this same sort of bulk discount if the payor has children who are not part of the case.

** Normally it applies when the non-primary care parent has biological children from another relationship. But it can also apply when the non-primary care parent has stepchildren from a new marriage and is not separated from the current spouse.

When deciding whether to grant this deviation, judges usually consider the parties’ :

** Relative financial positions.
That means the court looks at each party’s income and expenses and decides whether it is better to allocate money to one family or the other.

** If the court elects to deviate on this basis, it often applies the ‘whole family formula’.

** the court does not need to apply an exact calculation. Ultimately the deviation is however much or little the judge thinks is appropriate.

3. Very Little Visitation. Child support can deviate upwards if the non-primary care parent has little or no residential time with the child(ren). No visitation often results in an upward deviation of approximately 20%.

Question 15

What are considered Extraordinary Expenses?

Answer 15

These special expenses can be called ‘extraordinary expenses’, though Washington’s child support statute no longer contains this term. They include:

• Health care costs (premiums and out-of-pocket costs),
• Daycare (usually limited to work-related daycare),
• Tuition,
• Transportation costs between the parties homes when the parties live long distances from each other, and
• Other special child-rearing expenses (this is a vague category, but often includes camps and extracurricular activities).

Question 16

What is Post-Secondary Support In Washington?

Answer 16

Post-secondary support essentially means support for adult-age children.

Child support ends when the child turns 18 unless a support order extends the obligation.

This is important! Judges lose the ability to award post-secondary support unless one of the parties officially requests it from the court before the child turns 18.

Child support orders almost always extend support until the child graduates high school so long as the child is passing most of his or her classes.

In that instance, the court calculates child support the same as if the child were younger than 18.

The court can also award post-secondary support for highly dependent special-needs children or children attending college. In those cases, the normal child support calculations mentioned above are only advisory, and the judge has even more flexibility in fashioning an award.

Question 17

When is Post Sec. Support Usually Requested?

Answer 17

In Washington, a petition for post-secondary support is usually filed after the child knows where he or she will be attending college but before the child ages out (turns 18 or graduates from high school).

In Washington, a petition for post-secondary support is usually filed after the child knows where he or she will be attending college but before the child ages out (turns 18 or graduates from high school).

Usually ‘Reserved’ Until Child Accepted By College. Most child support orders for children under 17 ‘reserve’ post-secondary support.

This means the court makes no determination on the issue and can address it later. It is essentially a placeholder. The court generally cannot evaluate whether post-secondary support is appropriate until the court knows what school the child will attend and what the child intends to study.

Must Request Before Child Ages Out. A party seeking post-secondary support must petition for it before the child turns 18.

If a child support order is in place for the child, it will often contain express language extending the deadline to the child’s high school graduation. Failure to petition by the applicable deadline results in a permanent bar against obtaining post-secondary support for that child. When the issue is ‘reserved’, a follow-up petition still must be filed before the deadline or the claim is lost.

Question 18

Who Can Request Post Secondary Support?

Answer 18

The adult with primary care of the child is almost always the person who petitions for post-secondary support on the child’s behalf.

Conceivably a non-primary care parent could petition as well, but that would be rare and perhaps unprecedented.

Question 19

Who is Post Secondary Paid to?

Answer 19

Generally, support for college is paid directly to the academic institution. If the child will be commuting from home to college, a portion of the support might be paid to the parent with who the child resides to offset living expenses. Amounts paid to the other parent to offset living expenses tend to be significantly less than a standard transfer payment (i.e., less than the child support paid for a minor).

Question 20

What Factors Does the Court use to determine Post Secondary?

Answer 20

In determining whether to award support for college, judges often focus on three factors.

1. The first factor is a cost-benefit calculation: whether it is worthwhile to pay for the child’s chosen college education. The court weighs the obligor parent’s ability to pay and the value of the degree in question. For example, the court is highly unlikely to order a poor father to pay for an expensive private culinary school, knowing culinary school graduates often end up in minimum wage positions. Conversely, the court is highly likely to order a wealthy parent to help pay for an engineering degree from an inexpensive state school, knowing engineering graduates often find high-paying jobs.
2. The second factor is whether the parents would have paid for college had they remained together. The more likely the parents were to have done so, the more likely the court is to order payment. Evidence might include college savings plans, whether the parents went to college, and whether the parents’ parents put them through school.
3. The third factor is the child’s academic performance. The better the child does in school and on admissions tests, the more likely a judge will award post-secondary support.

Question 21

Know what can be ordered in a child support order.

Answer 21

Child support
Post Secondary education
Payment for other expenses
Health insurance

Question 22

Know When It Is Appropriate To File A Motion For Contempt With Regard To Child Support Or Maintenance.

Answer 22

If an obligor fails to comply with a support or maintenance order,

** a petition or motion may be filed without notice under RCW 26.18.040 to initiate a contempt action as provided in chapter 7.21 RCW.

If the court finds there is reasonable cause to believe the obligor has failed to comply with a support or maintenance order,

**the court may issue an order to show cause requiring the obligor to appear at a certain time and place for a hearing, at which time the obligor may appear to show cause why the relief requested should not be granted.

Question 23

When Is A Proceeding To Enforce A Duty Of Support Or Maintenance Is Commenced:

Answer 23

a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing cause number.
(2) Venue for the action is in the superior court of the county where the dependent child resides or is present, where the obligor or obligee resides, or where the prior support or maintenance order was entered.

The petition or motion may be filed by the obligee, the state, or any agency providing care or support to the dependent child. A filing fee shall not be assessed in cases brought on behalf of the state of Washington.

Question 24

Know The Statutory Relief Prescribed And Procedural Requirements Of RCW 26.18.160 In Regards To Defaults On Child Support And Maintenance. RCW 26.18.160 – Costs

Answer 24

In any action to enforce a support or maintenance order under this chapter, the prevailing party is entitled to a recovery of costs, including an award for reasonable attorney fees.

An obligor may not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the proceeding in question.

Question 25

Venue for Modification of a Parenting Plan or Child Support Entered in a Dissolution.?

Answer 25

You may file this kind of modification in the county where the minor children live, where the final order, judgment or decree was entered, or in the county “where the parent or other person who has the care, custody, or control of the children” lives.