Modifying Child Support or Custody (Parenting Plans)
Seattle • King County • Snohomish County • Pierce County
Periodically, parties find it necessary to modify an existing parenting plan or child support order. The law requires a "substantial change in circumstances," a threshold easily met in most petitions. Modifications can be mutually agreed to in advance, but often they are hotly contested by the other party. In either case, our attorneys can provide sound legal advice, negotiation of terms, or capable advocacy for your interests in litigation.
My Seattle, Washington, family law practice represents mothers or fathers of the greater Puget Sound area in all modification matters. We invite you to a free initial consultation by calling 206.625.9800 or contacting us online.
Child Support Modification (RCW 26.09.175)
Petitions to alter a previous child support decree can be brought by either parent:
- The non-primary parent is making more money, and the recipient parent argues for an increase in support
- The primary parent has a new spouse (50 percent of divorced people remarry within three years), and the parent paying support wants the other party's household income to be recalculated to reduce support
- A child reaches the age of majority, and the paying parent wants to end child support
Child support modifications are handled as a "trial by affidavit." Each side submits briefs and financial information in advance of the modification hearing. The court hears oral arguments for a few minutes before issuing its ruling in the matter. As you can see, preparation in consultation with a knowledgeable family law attorney may increase your odds of prevailing, whether you are seeking or fighting the change in support.
Parenting Plan Modifications (RCW 26.09.260)
Parenting plan modifications are much tougher to get than obtaining the initial parenting plan. The State makes it tougher, reasoning that it is not in the best interests of children for them to be the moving back and forth between parents under the stress of heavy litigation. The idea is for the parties to accept the prior ruling of the court and learn to live with what you have. A wish to simply spend more time with your child is not considered grounds for modification.
Parenting plan modifications fall into two categories:
Major Adjustments require a finding of a “substantial change in circumstances" that necessitate removing the child from the primary residence parent or curtailing the non-primary parent's visitation / parenting time:
- The child’s environment results in significant harm to child’s mental, physical, or emotional health. This could be a new spouse or partner in the home who is abusive or hostile to the child or the parent himself/herself is unfit because of drug use, child neglect, or domestic violence.
- The other parent has been found in contempt of the parenting plan twice in three years, or has a conviction for custodial interference.
The court can also approve major adjustments if:
(a) the parties agree to a new arrangement, or
(b) the child has been integrated into the family seeking modification with the consent of the other party, such as a teenager sent to live with the other parent
Minor Adjustments may not require a “substantial change in circumstances."
A change in work schedule or new job, or a change in home life (such as remarriage) may qualify. The threshold for minor adjustments is lower, provided that the primary residence of the child will not change. Often the modification involves new pick-up and drop-off times, or altering the number of overnights or days of the week the child will spend with each parent.
Relocation Actions, in which one parent wants to move to a distant part of Washington or out of state with the children, are covered under a separate statute and process. See Parent Relocation.
Your legal representation can make all the difference in whether a modification is granted or denied by the family court. Contact an experienced family law lawyer who can assert your rights and state your case forcefully and succinctly in court. We offer a free, 30-minute consultation, and will personally handle your case. Contact Engel Law Group at 206.625.9800.
