Everett Child Support
Understand the law with help from our Everett child support lawyers
Washington State family law considers the well-being of a child to be the most important aspect of a dissolution of marriage. Supporting a child is obviously one of the highest priorities of any parent, and the law agrees.
If you’re considering a divorce or beginning the divorce process and have children, you likely have questions regarding child support and how it pertains to your situation. Some of the more common questions our Everett child support attorneys here include:
- How does the court determine who pays child support?
- Is it possible to modify a child support order?
- Can a parent who doesn’t work get out of paying child support?
- What happens if my spouse is ordered to pay child support and they refuse?
Obviously, these are all serious questions, some of which pertain to situations that may happen years after a divorce. If you have questions, feel free to take advantage of our consultation offer, which won’t cost you a penny.
At the law offices of Jason S. Newcombe, our Washington child support lawyers have more than 50 years of combined legal experience. We’ve earned the trust of countless clients in the Everett area and are prepared to do the same for you.
Understanding child support in Washington State
Washington state law requires that both parents provide support to their children. The guidelines for child support are outlined in a document called a parenting plan, and ex-partners are required to follow this plan to the letter or face consequences.
If a parent fails to pay court-mandated child support, the judge can declare them in contempt of court. Contempt of court is punishable in a number of ways including jail time.
Crafting a parenting plan takes a lot of effort, patience, and time. It’s vital that you work with an Everett family law lawyer who understands complex child support issues and who has the experience to back up that knowledge.
The Everett family court will consider a variety of factors when determining the child support portion of the parenting document. Some of these factors include
- Each parent’s individual financial situation.
- The age of the children and how many children are in the family.
- The overall cost of raising the children.
- Taxes and debt.
- The difference in the parent’s cost of living.
One of the most important considerations of a judge when determining child support is the custody arrangement. In most situations, the non-custodial parent, which is defined as a parent who spends less than 50% of the time with the child, is responsible for child support.
Keep in mind that the custodial parent is also responsible for sharing the financial responsibilities of raising a child and must take good care of their children. However, the Snohomish County Family Court makes the assumption that the custodial parent takes care of the child’s immediate financial needs on a day-to-day basis.
An Everett child support lawyer can help you estimate the amount
Washington State uses a child support calculator to determine a parent’s estimated share of support. The Washington State child support schedule is outlined under child support guidelines as outlined in state government statutes.
There are a number of statutes related to child support on the Washington State Legislature website. Statute 26.09.100 is a good place to start. This statute outlines child support, apportionment of expenses, and periodic adjustments are modifications.
Consider the following, which is quoted from the relative statute:
(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, maintenance, or child support, after considering all relevant factors but without regard to misconduct, the court shall order either or both parents owing a duty of support to any child of the marriage or the domestic partnership dependent upon either or both spouses or domestic partners to pay an amount determined under chapter 26.19 RCW.
(2) The court may require automatic periodic adjustments or modifications of child support. That portion of any decree that requires periodic adjustments or modifications of child support shall use the provisions in chapter 26.19 RCW as the basis for the adjustment or modification. Provisions in the decree for periodic adjustment or modification shall not conflict with RCW 26.09.170 except that the decree may require periodic adjustments or modifications of support more frequently than the time periods established pursuant to RCW 26.09.170.
While it’s possible to determine the level of child support based on the number of children in the family, the parent’s combined income, and the age of the children, there are usually additional expenses that parents must cover.
Child care is one example, as is covering the cost of the child’s medical care. These financial responsibilities may fall on one parent or on both parents. Other financial considerations include insurance, prescriptions for medication, and education costs.
Obviously, there is a lot to consider. This is why it makes sense to work with an experienced Washington State family law lawyer well versed in child support issues.
Modifications of child support and the law
At any time after a parenting plan is established, the court may consider a modification of the child’s support.
Examples include situations where one parent becomes seriously ill, loses their job through no fault of their own, or encounters unexpected economic hardship. This applies both ways, as either parent can petition the court for modification of support.
Once a child turns 18 years of age or is emancipated, the child support order expires. However, if the child has disabilities or some other special circumstances as determined by a family court judge, the child support order may continue past their 18th birthday.
Trying to modify a support order less than a year after it was issued or modified requires more stringent evidence of financial difficulty or medical emergency. After a year has passed since the implementation of the parenting plan or a modification, it may not be necessary to show a substantial change in financial circumstances.
The court may decide to reduce levels of child support if it’s creating substantial economic hardship for either parent or the child.
Can I challenge a child support order in Washington State?
In short, yes, but the court will need to review a long list of potential factors that could result in the increase or decrease in levels of child support.
One possible example is if the child is suddenly awarded a substantial monetary prize or acquires wealth in some other way like an inheritance. There are many other examples where a challenge will be upheld so you should discuss options with your family law lawyer.
Keep in mind that every situation is distinctly unique. If you want to challenge or modify child support levels outlined in a parenting plan you will need to work with an attorney who has substantial experience in the Snohomish County Family Court.
What happens if my spouse stops paying child support?
If your former spouse stops paying child support, you need to contact your family law attorney immediately.
Parents are required to follow their parenting plan to the letter, and the court has little patience for people who shirk their financial responsibilities regarding their children. Indeed, the well-being of children is the highest priority of the Snohomish County Family Court.
If your former spouse stops paying court-mandated child support, there are a variety of options to explore in an effort to resolve the situation. Ultimately, if they continue to refuse their legal responsibilities, they could face severe penalties like jail time.
Most parents agree that it’s far more important to receive financial support than it is to act in a punitive way toward an ex-spouse. This is why your Everett child support lawyer will exhaust every option to help you receive the money you desperately need to ensure the well-being and health of your child.
Some options available to your Washington State family law lawyer include garnishment of wages, the interception of tax refunds, or other financial penalties.
Is there a maximum or minimum amount of child support?
Washington law states that the minimum amount of support a parent is required to pay is $50 per month. The law also states that the maximum a parent is required to pay is 45% of their net income. There is one exception. If a parent expects to obtain substantial wealth then that percentage may be increased.
Contact us today for your free consultation with a qualified child custody attorney in Everett
It’s never easy making difficult decisions concerning children during a divorce. It’s equally difficult dealing with child support issues months or years after a divorce is finalized.
Every attorney in our law firm takes a compassionate approach to their job. We know that your children are precious to you and that you want them to have the best future possible. That’s why we do everything in our power to ensure the best possible outcome whenever we work for a client.
We always urge clients to maintain civil discourse with their former partners. This is a better way to protect the emotional well-being of your child, expedite the negotiation process, and ensure you maintain control over your child’s future.
If negotiations fail because emotions overwhelm the participants, a judge is going to step in and make decisions for you. We seek to avoid situations like these whenever possible. Sometimes, it may require that we tell you something you don’t want to hear, but it will be something you need to hear. That’s how a relationship is built on trust and healthy attorney-client relationships are vital when it comes to issues involving your children.
Your Everett family law attorney will work hard to achieve your goals, as you have defined them. We will seek a favorable resolution through a combination of creative litigation and artful negotiation with your ex-partner and their attorney.
If you are being treated unfairly by your ex-spouse or their attorney, we are not afraid to aggressively pursue your interests all the way to the court. In other words, we will fight to protect you and your children’s future.
Contact us today for your free consultation with a qualified and experienced Everett child support lawyer.
