Use this Washington child support law to learn about your
child support rights and responsibilites.
How is Washington child support determined?
In Washington, either parent may be ordered to pay child
support. Marital misconduct is not considered. The courts will consider all
relevant factors. The courts may also require either parent to provide health
insurance for the child.
There are official Washington Child Support guidelines,
designed to be in the best interests of the child, that the courts use to help
set child support amounts. The guidelines will be followed, unless the parents
have agreed to a child support amount approved by the courts, or the courts
determine the guidelines are unjust for a particular case.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or the child graduates from high school, whichever occurs later. A child
will also automatically be ineligible for child support if that child marries,
is removed from disability status by a court order, or the child dies.
When considering whether or not to order support for
postsecondary educational expenses, the court shall determine whether or not
the child is in fact dependent and is relying upon the parents for the
reasonable necessities of life. The court will exercise its discretion when
determining whether or not and for how long to award postsecondary educational
support based upon the following factors:
- the age of the child
- the child's needs
- the expectations of the parties for their children when the
parents were together
- the child's prospects, desires, aptitudes, abilities and/or
disabilities
- the nature of the postsecondary education being sought
- the parents' level of education
- the parents' standard of living
- the parents' current and future resources
- the amount and type of support that the child would have
received if the parents had stayed together
Washington's custody guidelines:
Generally, the parents agree upon decisions about parenting and
custody. If there is no agreement, then the courts will make these decisions.
In Washington, joint or sole custody may be awarded based on
the best interests of the child, but joint or "shared" custody is presumed to
be in the best interest of the child. Every petition for divorce in Washington
in which a minor child is involved must include a proposed parenting plan.
Parents are encouraged to make an agreement concerning the parenting plan.
The parenting plan objectives are to protect the best interests
of the child, and to:
- provide for physical care for the child
- maintain the child’s emotional stability
- provide for the child’s changing needs, minimizing the
need for future modifications
- designate the authority and responsibility of each
parent
- minimize the child’s exposure to negative conflict
- encourage the parents to reach agreements regarding the
child
The parenting should provide for:
- dispute resolution
- a residential schedule for the child
- how the decision-making authority relating to the child is
allocated
If the parents have not made agreements, the courts will
determine the decision-making authority of the parents and the residential
provisions for the child. Equal-time alternating residential care will only be
ordered if:
- there is no history of domestic or substance abuse,
abandonment or neglect
- the parents have agreed to joint residential custody
- there is a history of shared parenting and cooperation
- the parents are available to each other, especially in terms
of location
- this arrangement is considered best for the child
Washington's medical insurance guidelines:
Health insurance coverage for the child will be provided by one
or both of the parents if the coverage for the child is available through
employment or is union related, and the cost of the coverage does not exceed
25% of the obligated parent's basic child support obligation.
When the child has special needs, health insurance coverage
will be provided by one or both of the parents even if the cost of the coverage
exceeds the obligated parent's basic child support obligation.
The obligated parent must maintain health insurance coverage
for the child, if available, until further notice from the court or until
health insurance is no longer available through the parent's employer or union.
A parent who is required to provide health insurance coverage
is liable for any covered health care costs for which that parent receives
direct payment from an insurer. The obligated parent must also provide proof
that coverage is available or not available within 20 days of the order or
within 20 days of the date the coverage becomes available. The proof of
coverage must be sent to the custodial parent or to the Washington State
Support Registry, depending on where the parent has been ordered to send
payments.
If the proof of health insurance coverage availability is not
provided within 20 days, the custodial parent or the Department of Social and
Health Services may seek direct enforcement of the coverage through the
obligated parent's employer or union without further notice to the obligated
parent.
How permanent are the provisions for Washington child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect changes in income, and/or living
arrangements of the children.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Washington law permits a party to seek current information on
income and taxes from the other party. The parents must turn over this
information to the statewide Child Support Schedule. Ideally, the parents would
compare this information and agree on whether or not an adjustment is proper.
If they can agree, they may obtain the adjustment in an written agreed order.
If one parent refuses to cooperate with the adjustment, a court hearing may be
required to review financial information and rule on an adjustment.
The court may order adjustments to the residential aspects of a
parenting plan upon the showing of a substantial change in circumstance of
either parent or the child. This kind of a change can be difficult to prove.
The court may approve a minor modification in a parenting plan
without proof of a substantial change in circumstances if the proposed
modification does not change the primary residence of the child or if the
modification is based on a change of residence or an involuntary change in work
schedule by a parent which makes the residential schedule in the parenting plan
impractical to follow. A minor modification may not result in a change that
exceeds of 24 full days or 90 overnights pre year.
In order to approve a modification, the court must find that
the decree of dissolution or parenting plan does not provide reasonable time
with the non-primary residential parent at the time the petition for
modification is filed. The court must also find that it is in the best interest
of the child to increase residential time with the non-primary residential
parent.
Additionally, any minor modification will not be the sole basis
for adjusting or modifying child support.
Wage garnishment for child support payments:
Most states, including Washington, have a provision for
withholding child support directly from the earnings of the parent who has been
ordered to provide support. The payments are withheld much like income tax is
withheld from earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
Joint custody is now widely recognized by parents, courts and
state legislatures as the preferred parenting plan in much of the nation.
In Washington, the courts decide on both joint and sole
decision-making authority of the parents, and parental residential care, which
could include equal-time alternating residential care. They have considerations
in making decisions in both areas.
So it’s possible to have a 50-50 sharing of
responsibilities and major decisions affecting the children, and not a 50-50
sharing of time or residential care with the children. It’s also possible
to have both a 50-50 sharing of responsibilities and a 50-50 sharing of time or
shared residential care with the children.
How Washington determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. When the courts have not
awarded the parents with the equal-time alternating residential care provision,
and the parents cannot agree to exactly when visitation will occur, the
standard visitation schedule accepted most everywhere in the nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
- two mid-week overnights per month (if the parents live
reasonably close together)
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