Child Support Modification Procedure in Washington

The Order of Child Support can be modified in Washington if there has been a substantial change in the circumstances of the parents or the child. In this blog we will discuss the procedure involved to do this.

Filing for Modification of Child Support requires filling out the mandatory forms, including Summons, Petition for Modification, Child Support Worksheets, and financial verification (6 months wage stubs, 2 years tax returns, 6 months bank statements). You then serve copies on the other parent, and file them with the Court who will schedule a hearing. If the other parent is receiving welfare benefits, the County Prosecuting Attorney must be served as well.

In King County, a trial is scheduled in about 4 months after filing. It is a trial by affidavit, meaning that there is usually no oral testimony, it is all submitted in writing (declarations) in advance, with brief oral argument by the attorneys at the trial. Typically, both parties submit their declarations to the court and to each other 2 weeks before the trial date. Each party may then submit responding declarations 1 week before the trial.

Because the court accelerates the trail schedule in support only modifications, the court discourages temporary motions to adjust child support pending the trial. The court however has the ability to modify child support retroactive to the date of filing the action.

If both parties agree and the Order meets the State mandatory Child Support Schedules, they can get the Order of Child Support approved by a judge without the need of a formal hearing.

In my next post, I will discuss the difference between a Petition to Modify Child Support and a Motion to Adjust Child Support.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the child support modification. We have 4 attorneys for you to chose from. Please visit our web page at http://www.mgrlaw.com/ for more information.