Child support can be an incredibly stressful and contentious process. However, the bottom line is that your child deserves the financial benefits they would enjoy from both parents had they stayed together. While this is not possible to replicate entirely when the combined income is now supporting two households, they deserve your best efforts. Learn how to apply for child support in Seattle.
If you divorced from your child’s other parent, custody and child support were likely finalized along with the divorce. However, if your path did not follow the more traditional path, you may be uncertain of how to apply for child support in Seattle. The Seattle team at S.L. Pitts can help you through the process because, while it may seem straightforward, there are countless ways you could end up with an unfair child support order if you do not work with a Seattle child support attorney.
How a Parent Gets Child Support in Washington
To obtain enforceable child support, you must get an official child support order from a Washington judge. In some cases, this can be a relatively normal part of a process you’re already doing, but it may be something you need to take extra steps to obtain.
Separation or Divorce
If you were married at the time of your child’s birth and are seeking a legal separation or divorce, the courts will consider a child custody and support agreement in addition to the final decree.
Establish Paternity for a Child Support Order
If you were not married when your child was born, the birthing parent has immediate parental rights, but the father must go through the legal process to establish paternity. In many cases, you may complete an Acknowledgment of Parentage. This must be signed by the birthing parent, the child’s father, and the birthing parent’s spouse, if they are different than the father.
Filing the Acknowledgment of Parentage does not establish child support, but it is the first step in obtaining an official order through the courts.
The Child Support Process
Like any other process, obtaining a child support order is fraught with mandated legal forms. Once you have established paternity through marriage or acknowledgement of parentage, you must request a child support order from the court. While the details of every situation will be unique, you can expect a few things to stay consistent:
- Gather financial information and child expenses
- Filing for support through separation or divorce proceedings, or applying through the Washington State Department of Social and Health Services
- Complete the child support schedule worksheet
This process can seem simple, but working with a child support lawyer in Seattle, WA can help you ensure your child is receiving a fair amount of support by considering all of the relevant factors and how current Washington law applies to your situation.
What Determines the Amount of Child Support Owed
Several factors determine the amount of a child support order. Typically, there is a base amount determined by the child support schedule, and it is adjusted up or down from there depending on other financial contributions from the non-custodial parent and the child’s needs.
Child Support Schedule
The state of Washington has a standard child support schedule to help determine the amount of child support owed, ranging from just over $400 per month for one child to $2,157 for five children. The standard worksheet considers income levels based on a combined monthly net income between $2,200 and $50,000
Parenting Time
In many cases, the amount of parenting time each parent takes on can affect the child support order. For example, a parent who has physical custody of a child 50% of the time may find themselves paying significantly less than a parent who only sees their child 30% of the time.
Additional Expenses
In addition to considering the amount of time a parent is directly providing for their child and the combined income of the parents, the courts will consider additional expenses parents can incur when raising a child. Costs such as health insurance and childcare may act as a credit to the overall amount owed.
Similarly, part of the child support order may require a noncustodial parent to pay for half of the medical, educational, or extracurricular expenses. However, you may find the judge orders a higher than expected amount if your child has significant medical or behavioral needs that result in increased ongoing costs.
Washington Child Support Payment Methods
Once a judge issues your child support order, you can make or receive your payments in a couple of different ways. If you have a good working relationship with the other parent, you may choose to arrange payments privately with a check, money transfer, or apps like Cash, Zelle, or Venmo.
Some coparents choose to have child support added to a type of preloaded debit card, or you may choose to have payments go through DCS as a neutral third party.
The Duration of Your Child Support Order Can Vary
A common question people have is how long they will have to pay or receive child support. While you can expect most of them to last until the child is 18, the endpoint can vary. There are several events that can trigger the end of a child support obligation.
Emancipation
If your child becomes legally emancipated, they are considered an adult under the law. This means they are responsible for supporting themselves, and parents are no longer obligated to provide for them.
Marriage or Military
If your child marries before they turn 18, your child support obligation will likely terminate as well. Similarly, if your child joins the military, you are no longer responsible for providing financial support.
Your Child Ages Out
The most common point at which child support ends is when your child turns 18 or graduates from high school, whichever is later. However, this typically only extends to the point that your child turns 19.
Exceptions That May Extend Your Child Support Obligation
There are a couple of circumstances that may extend your support obligation, though you may need to return to court to secure a new order that explicitly extends the time. The most common reasons for this include:
- Limited extension for a child living at home while they attend college or vocational training
- A child with a disability that prevents them from caring for themselves
If you find yourself in a situation where you feel your child may need more extended support, you may have the option. You can get clarity and support in the process by contacting our team at S.L. Pitts.
Modification of Child Support Orders
Though called a permanent order, the courts know that circumstances change, and an order issued five years ago may not be appropriate today. Some of the commonly accepted reasons you may request a child support modification include:
- Significant change in income
- Significant change in the child’s needs
- You have had another child since the initial order
While these reasons alone will not guarantee you are granted a modification, this is a good starting point. Absent these conditions, you are often hard-pressed to get the adjustment you desire. If you are unsure whether you qualify, you can contact our team of experienced Seattle child support lawyers to discuss your situation.
Modification of Support Process
The process of modifying your support order can be involved. According to Washington State Legislature 388-14A-3925, either parent can petition the court to request a modification, but they must submit a request to DCS in writing that includes the following information:
- The changed circumstances
- Requested relief (if any)
- The requested modified support amount
Once you provide this information, DCS will file the request on your behalf. When a hearing is scheduled, the Office of Administrative Hearings will notify all parties by mail at their last known address.
Child Support Enforcement
When a judge issues a child support order, you are legally required to comply. Any unpaid child support is known as arrears, and, contrary to popular belief, it is incredibly difficult to have owed support reduced or forgiven.
When a noncustodial parent fails to keep up with their child support order, there are several things you can do to enforce a child support order.
Wage Garnishment
You can report nonpayment of child support to DCS. They have the means to begin collection enforcement and wage garnishment nearly immediately, and especially after multiple missed payments. This process usually consists of contacting their employer and requesting that they withhold a portion of the payor’s income and send it to the DCS office to ensure the custodial parent receives it.
Liens
DCS may impose liens on the noncustodial parent’s assets, including property or vehicles. This prevents them from selling the items until they have caught up with what they owe. This form of enforcement may be imposed in a variety of situations, including ones where the parent is unemployed or underemployed, and garnishments will not cover the amount of support ordered.
License Suspension
In more severe circumstances, DCS may contact licensing agencies and ask them to suspend or refuse to renew their license. This includes driving, recreational, or professional licensure. This is often seen as an escalated attempt because imposing sanctions that can make it more difficult to work can make it harder to collect payment.
Intercepting Payments
In some circumstances, DCS may be able to refer the case to the federal government in order to intercept tax returns to facilitate child support repayment. DCS may also intercept other forms of income, such as settlement awards.
Contempt of Court
If the noncustodial parent is continuously refusing to pay the child support due, you may contact the courts for criminal contempt of court. This is also often considered an extreme measure as it is punitive and does little to encourage payment. Afterall, they cannot pay if they are in jail or lose their job.
Protecting Yourself When it Comes to Child Support
If you are in an amicable or agreeable relationship with your child’s other parent, you may not worry about getting official documentation regarding your payments or even adjusting them briefly. However, it is always smart to ensure you have a paper trail and receipts. It is unlikely that a judge will take your word for it regarding an agreed decrease or pause in child support if the other parent takes you to court.
If the other parent is not making timely payments or refusing altogether, it can be tempting to refuse to allow them to exercise their parenting time. However, this can quickly turn into a case of custodial interference. Remember, child support is not the price they pay to gain access to their children. It is the support that your child is legally entitled to, separate from the parents’ rights to see and parent their kids.
We know that issues surrounding child support and child custody can be messy and full of negative emotions, which is why we always suggest reaching out to Seattle child support attorneys to help you protect yourself and your child’s best interests. We can help you consider the big picture and avoid missteps that may negatively affect your case or even endanger your status as a custodial parent.
Get the Support You Need: Contact our Seattle Child Support Attorneys at S.L. Pitts
Family law cases can be complex and draining. The process can seem simple up front, but many find themselves unsure and overwhelmed when they try to tackle it alone. You can save yourself the added stress by working with a Seattle child support attorney from the very beginning. Whether you are working together to determine a fair amount or you need someone to help you aggressively pursue enforcement, the team at S.L. Pitts is here to help.
Our team of attorneys is composed of bold leaders with proven results. To request more information or schedule a consultation and discuss your situation, contact our Seattle family law firm today.