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In October 2009, important changes in how child support awards are calculated in Washington went into effect. These changes may have resulted in an increase in the amount of support non-custodial parents are required to pay. For example, under the new law, the minimum amount of support that may be ordered per child each month is $50. Under the previous law, this amount was $25.
Other important changes to the law include:
Changing the calculation of health care expenses. Previously, both parents were only responsible for a proportional share of the health care expenses once they exceeded 5 percent of the basic support obligation. Under the new law, no health care costs are included in the economic table and the parents must divide all of the costs based on the same proportion of their share of the basic child support obligation. Health care costs include medical, dental, orthodontia, vision, chiropractic, mental health, prescription medications and other health-related expenses.
New income levels for child support guidelines. The child support schedule begins at a combined net monthly income of $1000 (under prior law it was $600). Additionally, the schedule continues to a combined net monthly income of $12,000 (under prior law the schedule ended at $7000). The child support guidelines set the presumptive amount of support that must be paid by parents who have combined monthly incomes within these amounts. For parents who have combined monthly incomes over $12,000, the court is given the discretion to set the amount of child support, generally not to exceed 45 percent of the parent's net income.
Increase in certain deduction and exclusion amounts. The amount of income that can be deducted for retirement plan contributions was increased from $2000 to $5000 per year. The deduction may not be allowed if it was taken for the sole purpose of reducing the parent's child support obligation. Additionally, overtime compensation and income from a second job can be excluded from a parent's income in certain circumstances, including when it is necessary to provide for a current family's needs or to pay for a past relationship or other child support debts.
Modifying Your Child Support Award
Some non-custodial parents may be finding it difficult to meet their obligations each month. It is important that these parents do not stop making their payments, however, or they could face significant penalties and fines.
Under Washington state law, it does not matter if a parent has lost his or her job, been laid off or suffered other financial hardships. The parent must continue making the full amount of the court-ordered child support payment unless the parent requests a modification of the amount and the court approves the request.
Substantial Change in Circumstances
Either parent can petition the court for a modification of the support amount. Generally, the parent requesting the modification must be able to prove to the court that he or she has undergone a substantial change in circumstances which has resulted in a change to the parent's monthly net income. A substantial change in circumstances also could impact the child's monthly needs, such a sudden illness or accident leaving the child with increased health care expenses.
To be considered a substantial change in circumstances, the condition must have occurred after the original support order or last modification was entered. The condition also must be of a "continuing" nature. In other words, it cannot be a temporary set-back. Also, the condition must be related to the child's financial needs and/or the ability of either parent to financially meet those needs.
If the court finds that the parent requesting the modification has sufficiently proven a substantial change in circumstances, then the court will enter a new support order, which may decrease or increase the support award, depending on the situation.
Other Grounds for Modification
Washington law also permits parents to request a modification without showing a significant change in circumstances in particular cases. For example, parents may request a modification within one year or later after the original order was entered in the following circumstances:
- If, as a result of the current child support obligation, either parent is suffering severe economic hardship
- If the current support obligation was based upon guidelines dependent on the child's age and the child is no longer in that age group
- If the child is currently in high school and will require support beyond his or her 18th birthday
- To add an automatic adjustment of support to the order in accordance with Washington law
Parents also may request a modification within two years after the last support order or modification was entered if there has been changes to the parent's income or if there has been a change in the economic tables or standards used to set child support obligations.
Seek Experienced Legal Advice
If you are having difficulty meeting your child support obligations due to a job loss, lay-off or other reason, it is vital that you do not stop making your support payments. Not paying child support does not make the obligation disappear. The only way to legally decrease the monthly amount of child support is by seeking a court order lowering the amount.
An attorney experienced in handling child support cases can help you determine if your case qualifies for a modification under Washington law. Contact a family law attorney for more information.
