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Tuesday, June 8, 2010

Child Support Deviation - Possession of Wealth

In Washington, child support is calculated based upon the comparative net income of the respective parents. From this, a standard calculation is determined. The court may deviate from this number in determining the amount of the actual transfer payment. The standards for deviation are found in RCW 26.19.075.

One of the listed reasons for deviation is RCW 26.19.075 (1)(a)(vi), which states:

Possession of wealth, including but not limited to savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance plans, or other assets;
To my knowledge, this reason has not been interpreted by the courts, leaving it wide open for argument on what is meant. I don't think this would mean typical middle class savings, investments and assets. For the legislature to include it, they must have meant the possession of substantial wealth or abundance. That still leaves it wide open for interpretation and argument before the court.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, both contested and uncontested. We have 4 attorneys for you to chose from. Please visit our web page at Washington Child Support for more information.

1 comment:

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