Learn everything you need to know about Washington child support law
Washington calculates child support using a fixed formula that is primarily based on the income of both parents. If one parent is not working or is under-employed, an income amount can be imputed by the court. There are some variables that can affect how much child support you will pay, such as the amount of time a child is spending with each parent. It’s important that support for your child be correctly calculated as it is difficult to change later, and inaccuracies, even in small amounts, can certainly accumulate to a lot over many years of payment. It is a complex system and important to understand what counts as income and what exceptions are allowed for deviation.
Calculating child support
Child support laws in the state of Washington are designed to make sure that the financial needs of the children are met. Each parent has a legal duty to provide support. In most cases, the children are primarily residing with one parent. The other parent then pays child support to the parent with whom the children live the majority of the time. In many cases, this means a father is paying child support to the mother of his children.
The amount of support is set by law and determined using the Child Support Schedule. The Basic Support Obligation is calculated based on the combined monthly net income of each parent and the number and ages of the children.
Unfortunately, no automatic formula can consider all of the relevant facts. The schedule only works fairly when honest and accurate information is provided. It is up to the parties involved (and their lawyers) to make certain that accurate income information is used, and that compelling facts affecting child support payments are explained to the court. Income and expense information must be thoroughly discussed with your attorney.
The Washington State Department of Social and Health Services provides an online support calculator. This resource can help you approximate your child support, but the projection is only as accurate as the information put into the formula. In certain special situations, the court can deviate from the state formula calculations. You will need to discuss any proposed deviation with your attorney and build your case appropriately.
Enforcement of child support
Keep in mind that the government takes child support enforcement very seriously. There are massive consequences to evading child support, enforceable by law. These include state and federal income tax offset, liens on real or personal property owned by the debtor, freezing of bank accounts, orders to withhold and deliver the property to satisfy the debt, passport denial, or seizure and sale of property with the proceeds from the sale applied to the support debt.
The consequences above are outlined in this handbook created by the U.S. Department of Child Support Enforcement “Handbook on child support enforcement”
Can child support be changed?
Once the court issues an order of child support it can only be changed through a “modification”. This involves filing a petition to modify with the court and appearing at a hearing. A request for modification can be made after the support order has been in place for one year or if there has been “a substantial change in circumstances” such as changes in income or loss of employment. Find more about Washington divorce modification.
Divorce Lawyers For Men™ is committed to helping fathers achieve fair and equitable agreements and orders for child support. We get the Results that Men Want, and Need! Contact us today to speak with a divorce attorney about your child support obligations.