Questions and Answers

Child Support

How do I modify my child support?

Child support can be modified based on a substantial change in circumstances. There is also a statutory right to have child support adjusted every two years.

An adjustment is generally limited to updating the support figures to current incomes, while a modification can potentially change any provision in the child support order, such as apportionment of tax deductions for the child.

Both parties are required to provide copies of financial documents including paystubs and tax returns. The procedures for a child support modification vary quite significantly from county to county, so consult an attorney in your area.

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SEATTLE DIVORCE SERVICES
Michael V. Fancher, Attorney at Law
Mark Alexander, Attorney at Law
Patricia E. Kahn, Attorney at Law
Mimi S. Buescher, Attorney at Law
2317 NW Market Street
Seattle, WA 98107
Phone: 206-784-3049 or 206-LISTENS
Email: Mike@SeattleDivorceServices.com
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Different facts can radically alter a legal opinion.
You should consult an attorney for legal advice that pertains to your own personal situation.
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How does a child support schedule work?

In Washington State the responsibility of supporting the children is apportioned between the parents. Each parent pays their proportional share, based on each parent's income, of the estimated cost of raising the children.

Generally this means the non-primary residential parent pays their share of the estimated cost of raising the children to the primary residential parent, and the primary residential parent adds some of their own funds to meet the children's expenses.

The estimated cost of raising the children is determined using a state developed worksheet. The calculation of the support obligation takes into account the ages of the children, the number of children, and the combined income of the two parents.

Extra expenses that are not covered by the basic child support obligation, such as daycare, are divided between the parents according to the same percentages of combined income. Child support is generally paid in regular monthly installments.
What about medical and educational expenses?

There is a certain amount of basic child support that is intended to cover medical expenses. When the monthly medical expenses exceed that amount, the excess is normally divided between the parents according to their percentages of the combined net income.

Daycare is an expense that is not covered by the basic support, so it is also normally divided according to percentages of income.

Incidental educational expenses are sometimes treated as included in basic support and sometimes as extras. Private schooling is discretionary and so must be approved by the court. Factors may include the history of private schooling during the marriage and the ability of the parents to afford the private schooling after the divorce.

College costs may also be awarded by the court, and when ordered are also usually divided according to percentages of income.
How are child support payments enforced?

Most child support is paid through the state Department of Child Support.

By default, child support is generally collected through wage garnishment. If the paying parent is in arrears, bank accounts can be seized, tax refunds intercepted, and licenses suspended. If a parent is found to be willfully avoiding paying support, they can even be held in contempt of court and jailed.

If you are having trouble collecting child support, you may want to contact your local support enforcement office to see what can be done. However, you may also want to consider contacting an attorney to see what steps can be taken through private enforcement as well.

At Seattle Divorce Services our mission is to improve the way Family Law is practiced in our community.

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