In short, it depends. In the state of Washington, child support is a court-determined periodic payment that is ordered by a court when a child’s biological parents are separating or going through a divorce. The purpose of child support is to help provide for the costs of raising a child.
In Washington, when calculating child support, the amount of the child support is based on the amount of time the child lives with each parent, the child’s best interests standard, and each parent’s income and financial obligations. The same standards are also applied in the state of Washington.
It is important to note that in Washington, the parent with primary physical custody of a child or children cannot refuse to accept the child support payments that the court has ordered. Similarly, parents cannot avoid paying child support or drop child support payments in Washington by terminating their parental rights.
In Washington, terminating parental rights generally means that all legal rights and responsibilities between the parent and child are severed. However, child support obligations that existed prior to the termination order are not automatically terminated.
In fact, any child support owed up to the date of the termination must still be paid. However, in some circumstances, the court may decide to end future child support obligations, but this is not guaranteed.
In general, Washington family law courts will not agree to parents waiving child support. This means that even if both parents consent to drop child support, the child’s best interest standard takes precedence over the parent’s wishes.
However, child support may not be ordered in all cases. For instance, if both parents agree to split custody of their child or children, there may be no child support, as both parents share equal financial responsibility over the child. Finally, there are situations where a parent can drop child support based on certain criteria being met. Those criteria are discussed further below.
When Is Child Support Ordered?
Child support in Washington is commonly ordered either during the Washington divorce process or in a child support and custody case. Generally speaking, the parent who does not have primary physical custody of the child, is the parent who is ordered to make child support payments.
Mandatory child support is a means by which a Washington family law court can ensure that a non-custodial parent contributes to the needs of their biological or adopted children. The word mandatory means that child support is required by law. Child support occurs through a child support order.
How Is a Child Support Award Enforced?
In Washington, child support enforcement is managed by the Division of Child Support (“DCS”). As such, if child support payments are not paid in a timely manner, the DCS will be the main office that handles enforcement actions. Further, the party that receives child support may also file a private enforcement action to recover child support not paid.
The following is a list of methods that the DCS may use to ensure compliance with a child support order:
- The most common method used to enforce child support payments is through an income withholding order, where payments are automatically deducted from the non-custodial parent’s paycheck
- The DCS can also suspend the obligor’s driver’s license and professional licenses
- Non-payment of child support can also lead to being held in contempt of court, which may result in fines or jail time
- The DCS can also intercept federal and state tax refunds to cover unpaid child support
- Liens can also be placed by the DCS on the obligor’s property, such as on their home or vehicle
- Finally, the DCS can also seize funds from the obligor’s bank accounts
As can be seen, one of the main jobs of the DCS is to identify, locate, and contact persons with outstanding child support payments. Child support enforcement agencies then may use the above methods to attempt to collect child support on behalf of the custodial parent. The DCS may also collect retroactive child support if the court orders it.
How Can I Avoid a Child Support Increase?
In general, child support in Washington cannot be modified once a court order is in place. However, there are limited circumstances where a child support increase may occur. In order to warrant an increase in child support, the party that is seeking the increase must demonstrate that there has been a “substantial change of circumstances” since the last order was entered.
Examples of what may qualify as a substantial change of circumstance include:
- Change in Employment: If either parent experiences a change or loss of employment, that may be considered a substantial change of circumstances and warrant a review by the court to determine if an increase or decrease in child support is warranted
- Promotion or Salary Increase: If the party subject to the child support order, i.e., the obligor, has a significant increase in income due to a promotion or raise, that may justify an increase
- Change in Custody: A significant alteration in custody arrangements, such as the child switching homes or spending more time with one parent, may also warrant a modification of the previous child support order
- Additional Children: If either party has an additional child in a subsequent relationship, then the child support payment may be recalculated according to the state child support guidelines
As can be seen, there are numerous reasons in which a child support order may be increased. In order to avoid an increase, you can ensure that you maintain a steady income. Additionally, you may also document all of the child’s expenses to demonstrate that the increase in support is not warranted or necessary for the child’s best interests.
How Can I Stop Paying Child Support?
In order to stop paying child support in Washington, a parent must demonstrate that there has been a significant and material change in circumstances since the previous child support order was entered into.
For example, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate their child support. Additionally, that parent can also petition the court to order the other parent to pay them support based on the child support guidelines. There are also many other reasons to close a child support case that a local attorney in Washington can assist with.
Do Child Support Payments End Automatically?
In the state of Washington, there are certain triggering events that will result in child support payments ending automatically. For example, child support orders in Washington will generally terminate when the child reaches the age of 18 or graduates high school, whichever is later.
Additional situations where child support may automatically terminate include:
- Emancipation: If the child becomes emancipated before turning 18, such as by becoming married, joining the military, or becoming self-supporting
- Court Order: A court can issue an order to stop child support upon the filing of a motion to terminate support based on specific circumstances
- Death: If the child or the parent obligated to pay child support passes away, the child support obligations will also terminate
How to Get Child Support Arrears Dismissed
In order to get child support arrears dismissed in Washington, a motion to dismiss child support arrears must be filed by the party that has arrears. It is important to note that this motion should request a payment plan for your arrears and ask for some or all of your arrears to be discharged.
Additionally, a person subject to a child support order can also fill out a form requesting the DCS to reduce or discharge the child support arrears they owe to the State of Washington. Incarceration may be one such reason to petition DCS for a reduction. In general, a request for arrears reduction will be based on the income and assets of the party seeking the debt reduction.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to obtaining, modifying, enforcing, or terminating child support, then it is in your best interests to consult an experienced Washington child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced Washington child support attorney.
An experienced child support attorney can help you determine whether or not you are eligible to stop child support based on your specific case. Additionally, an attorney can also help you determine if you are eligible to have child support arrears reduced or discharged. Finally, an attorney can also represent you in court, as needed.
