What You Need To Know About Child Support

Determining Child Support

Determining child support by and large ties back into the parenting plan. Typically what happens is once the court has identified the primary parent, that is, the parent who spends the majority of the time with the children — typically around 80% or more of the residential time — the other parent will be deemed as being responsible for providing child support.

Since child support is seen as a right of children in Washington, it’s not a decision left to the discretion of the parents to waive or neglect. Even if one parent chooses not to pursue or collect child support, the court will typically order it based on the child’s entitlement to support, regardless of the parents’ wishes. The goal in doing so is to ensure that children’s needs are prioritized and adequately addressed.

Calculating child support follows a standard method established by Washington courts that is fairly straightforward. The income of both parents is added together and compared against a chart provided by the court. This chart correlates the combined income of both parents with the number of children involved, providing a guideline for the amount of child support to be paid.

To calculate the specific child support amount, each parent’s income is divided by the total income to determine their respective percentage contribution. This percentage is then applied to the child support figure indicated on the chart to determine the monthly payment from the non-primary parent to the primary parent.

Above this, the court considers other expenses such as healthcare, daycare, medical costs, extracurricular activities, and potentially college tuition, factoring these into the overall child support determination.

Deviation

While child support is a right of the children and not subject to parental negotiation, there are circumstances where deviations from the standard child support calculation may be sought. Here are some key grounds on which a deviation may be implemented:

• 50/50 Custody Arrangement

If both parents share custody equally, they are equally responsible for their children’s expenses. In such cases, the court might determine that no child support is necessary since both parents contribute equally to the children’s financial needs.

• Substantial Income Disparity

When one parent earns significantly more than the other, the standard child support calculation might not reflect the true financial needs and lifestyle of the children. In such cases, the court can deviate upwards to ensure that the children maintain a similar standard of living as they would have if the higher-earning parent was supporting them directly.

• High-Income Parents

For high-income parents, deviations can also occur to cover the unique expenses associated with the children’s accustomed lifestyle. A well-known example is Britney Spears, who pays a substantial monthly child support amount that reflects the high standard of living her children are accustomed to, even though the actual expenses might not justify such a high amount. This is a deviation upward based on the specific circumstances and lifestyle associated with high-income earners.

In all these cases, the court will consider the justification for deviation carefully, ensuring that the children’s best interests are served and that the financial responsibilities are equitably shared.

Attorney Diem Nguyen is a seasoned family law expert based in Washington, specializing in child support and custody cases. She has successfully guided several clients over her decade-plus of experience through child support issues, ensuring the best outcomes for children and parents alike. Nguyen's deep understanding of Washington's legal system and her commitment to advocating for children's rights make her a trusted advisor for families navigating the challenges of divorce.

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Contact DC Nguyen Law today to schedule your consultation and ensure your child receives the support they need.

Initiation And Duration

There are various ways to initiate child support in Washington. You wouldn’t necessarily need to wait for your divorce proceedings to formally start to begin the child support process. You could go to the Division of Child Support and initiate the process yourself.

Generally, once the divorce is filed, the filing parent would typically file for temporary orders within a couple of weeks. These temporary orders often include a temporary child support order. Once filed, the court can enter these temporary orders, including the temporary child support order, a couple of weeks after the initial filing, and these orders will go into effect immediately.

Child support generally lasts until the child turns 18 or graduates from high school, whichever comes later. Additionally, there is a provision for seeking post-secondary education support, which can extend child support for a further four years while the child is in their first four years of college.

Influencing How Child Support Is Used

The intention behind child support is to cover essential expenses such as shelter, food, and basic needs for the child. However, once the money is received and under the control of the other parent, it is often difficult to dictate how it is specifically allocated.

For example, if the receiving parent uses child support to pay rent or mortgage, they may argue that this directly benefits the child by providing them with a stable home environment. Similarly, expenses like groceries or transportation may also be justified as necessary for the child’s well-being. You can’t exactly argue against this in court.

As a result, it’s challenging for you if you’re the paying parent to contest how child support funds are spent once they are commingled with the receiving parent’s finances. It may be possible to include clauses in the child support order specifying how the funds should be used in practice, but in practice, enforcing these provisions can be complex, if not impossible, especially without clear evidence of misuse.

Modifying Child Support Orders

Unlike modifying child custody and visitation, child support orders can be modified much more easily. In fact, the state of Washington has a default period of two years wherein parents can review their child support plan and make adjustments however necessary. The goal here is to facilitate a somewhat regular fine-tuning to take place should there be a change in either parent’s income.

However, if you wish to request a modification before the two-year mark, you must demonstrate a substantial change in circumstances to the court. This standard is similar to that required for modifying parenting plans. Simply experiencing a change in income, such as a raise or a decrease, may not be considered substantial enough for the court to approve a modification.

Examples of substantial changes could include losing a job, experiencing significant financial hardship, or facing unexpected expenses that impact one’s ability to pay child support. In such cases, the parent can request a modification through the Division of Child Support while navigating their circumstances. Once the situation stabilizes, the court can review the modification request and determine whether a change in child support is warranted based on the new circumstances.

For more information on Child Support, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 276-7390today.