Washington Child Support

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Washington child support laws have been implemented over the past fifteen plus years as a direct result of Federal mandates that compel each state to maintain specific support laws. Those laws encompass all issues that concern support, including support enforcement and collection. Washington has complied with all Federal mandates. The failure to do so would result in the loss of Federal funding. The historical purpose of the Federal mandates was to provide a consistent level of family support to children after divorce or separation. The actual support number that is achieved for any given family as a result of Washington's, and indeed every state's, support laws is supposed to be the same level of support provided for the children before the divorce or separation.

Washington child support is based upon official guidelines for the calculation of child support. The amount of child support arrived at under the Washington child support guidelines is presumed to be correct, unless there is a showing that the amount is unjust or inappropriate. A child support order is established based on both parents' ability to pay support and the financial needs of the child. The Washington child support guidelines contain a child support schedule which uses income and asset information from both parents to determine the support amount. State law requires that all income and resources from each parent's household be disclosed, but only the income of the parents whose child support is at issue can be considered when calculating the basic support obligation. In the absence of current income information, child support can be imputed, based on parents' past earnings or on statistical median net income. The court can also impute income to a party who is voluntarily unemployed or under-employed.

After calculating each parent’s net income, the Court will determine how much total support is required for the children. Once a combined support figure is calculated, a proportionate share of the support is awarded to each parent based on the percentage their net income represents of the combined total. The non-custodial parent must pay their proportionate share of the combined support obligation as Washington child support.

The amount of child support to be paid by noncustodial parents is limited by Washington law. The monthly child support payment should not exceed 45 percent of the support payer’s net income. In calculating this amount, additional child support obligations such as medical insurance and child care expenses are not included. Washington child support laws also specify that a support obligation should not reduce the paying parent's net income below the need standard of $944 per month.

Courts, in awarding child support, may issue Washington child support orders that, in addition to child support, require the non-custodial parent's employer (or other person providing health insurance to the non-custodial parent) to enroll the child in the parent's health insurance plan. The order may also authorize the employer of the non-custodial parent to deduct the cost of the health care premiums from the non-custodial parent's earnings. The employer is instructed to notify the State Division of Child Support of any lapse or change in the health insurance coverage.

Washington child support orders require that child support payments be withheld from a non-custodial parent's paycheck from the time that child support is ordered. The non-custodial parent's earnings will be withheld unless he/she can: 1) show good cause why it should not be done, or 2) has an alternative arrangement with the State Division of Child Support and the custodial parent. Once a wage assignment is served on the support payer’s employer, the employer must honor it as long as the non-custodial parent remains employed.

Washington child support orders are subject to modification. To obtain an increase or decrease in the current amount of child support, either parent may file a Petition with the Court. The Court will modify the amount of Washington child support if it is shown that there has been a substantial change in circumstances. One year or more after the Washington child support order is entered, the Court may modify the amount of support without a showing of a substantial change of circumstances if it is shown that the order imposes a severe economic hardship of either party or the child, the child is no longer in the age category on which the current support amount was based and the child is still in high school and there is a finding that there is a need to extend support beyond the eighteenth birthday to complete high school

Washington child support orders are also subject to adjustment. All orders of child support in Washington may be adjusted once every twenty-four months based upon changes in the income of the parents without a showing of substantially changed circumstances. Either parent may initiate the adjustment by filing a motion and child support worksheets.

If you have a Washington child support order that is not being complied with by the other parent, you should be mindful that the State of Washington has a statute of limitations for collecting past due child support. Ten years after the last child has been emancipated, you will be prevented from collecting unpaid Washington child support. If you think that you have a statute of limitations problem, you should consult the laws for the State that issued the support order and those for the State where the support payer resides. The statute of limitations will be the longer of the two.

A parent’s obligation to pay Washington child support in Washington will stop when the child reaches the age of 18 but may be extended until the child graduates from high school.