Washington Child Support Arrearages

Child support is a large part of any divorce settlement in which children are involved. Beginning in the 1980’s the government placed a more intense focus on enforcing child support payments and going after those who did not comply with their part of the arrangement.

Arrearages. Overdue child support payments are called arrearages. This can occur because of a failure to maintain work, inability to find work, or just simple refusal to pay. Washington judges have become increasingly strict about enforcing child support orders and collecting payments in arrears. If there is not a valid reason for the failure to pay, the court can find you in contempt. Back child support typically accrues at the statutory interest rate of 12%.

Excusing Child Support Debt. Typically, a judge cannot retroactively modify the amount required by a child support obligation. A parent can seek a modification of future support however. Doing so will help them avoid paying the high amount of support owed at the time if they are unable to do so due to reduction in wages or increase of debt. If the parent does not seek a modification, the parent who receives the child support can file to collect the total arrearage, in which case the court will require that the entire child support debt be paid.

If you are facing difficulty receiving or paying for child support, you need the support and advice of a family attorney who cares about the well being of your family. Child support debt is an issue that needs immediate attention so that your children continue to be cared for and you do not face mounting debt.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including 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.

Motion to Adjust Child Support in Washington

Separate and distinct from a Petition to Modify an Order of Child Support, either party may file a Motion to Adjust Child Support. The substantive and procedural laws are different in a Motion to Adjust.

In a Motion to Adjust Child Support, the court is limited in what it can do. It cannot modify any and all provisions in the Order of Child Support. Primarily, all the court can do is adjust the amount of the transfer payment. The court does not have the jurisdiction to change other provisions like who gets the tax exemptions. This would take a Petition to Modify the Order of Child Support.

Under Statute, RCW 26.09.170, a person can adjust child support under 3 primary scenarios. 1) once every 24 months if there has been a change in income of one of the parties; 2) once every 24 months if there has been a change in the Child Support Schedules (there will be one in Washington effective October 1, 2009); 3) once every 12 months and a child has changed age categories (from under age 12 to over age 12); and 4) once every 12 months and the existing Order of Child Support specifically provides for an adjustment to happen more frequently than every 24 months. If one of these scenarios are in effect, you can file a Motion to Adjust Child Support.

Procedurally there is a great difference between a Petition and a Motion. In a Petition to Modify, you are given a trial date, which in King County usually takes place on affidavit only (no oral testimony) and is scheduled about 4 months later. A Motion can take place much quicker, it can be scheduled in about 2 weeks and be resolved at that point. It takes place on the Family Court Services daily calendar.

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

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.

Child Support Modification in Washington

The Order of Child Support can be adjusted through a child support modification procedure if there has been a substantial change in the circumstances of the parents or the child. Some examples include when one or both parents' income has substantially increased or decreased; if the child now spends a greater amount of time with one or the other parent; or if the child has special needs, including special schooling or medical care.

If your Order of Child Support is registered with the State Division of Child Support and at least three years have passed since it was entered, the State will assist you in getting child support modified administratively at no charge to you. However, this process takes much longer than doing it on your own.

With the new changes in the Washington State Child Support Schedule effective October 1, 2009, there will probably be an increase in the number of Petitions for Modification of Child Support. These statutory changes could significantly change the amount of child support paid or received. If you think your child support could change, you should consult with an attorney to see what child support may be.

In the next post, I will discuss the procedure involved in a Petition to Modify 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.

Changes to Washington Child Support Law

Governor Gregoire just signed a new law changing how we calculate Child Support in the State of Washington. This is the first update to the Child Support Schedules in years. The new changes will go into effect October 1, 2009.

Some of the changes to the child support calculations are as follows:

• The Child Support Schedules start at combined net income of $1,000 instead of $600.


• The Child Support Schedules continue to a combined net income of $12,000, instead of stopping at $5,000 (presumtive) and $7,000 (advisory).
• Some overtime and 2nd job income can be excluded from income.
• The deduction for retirement contributions from gross income is increased from $2,000 to $5,000 per year.
• The method of determining income to be imputed to a parent when records are lacking has been expanded in a heirarchy.
• Health care costs (to be shared) have been defined.
• The minimum support payment has been increased from $25 per child per month to $50 per child per month.

This could have a significant effect on many Child Support Orders, increasing the amounts that will be due in the State of Washington. If you would like to have your child support order reviewed to determine the amount of child support under the new laws, please call our office.

The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the determination of Child Support and Child Support Modification actions. Please visit our web page at http://www.mgrlaw.com/ for more information.

Washington Child Support

Child Support in the State of Washington is calculated using mandatory schedules. It is based upon the comparative net incomes of the parties. The statute defines what is gross income and what is deductible for child support purposes (this can be different than for tax purposes). There is a schedule that calculates the cost of raising a child, based upon the combined net income, number of children, and the ages of the children (under 12 or over 11). This number is then divided between the parties based upon their respective comparative net incomes (percent of the combined total). Adjustments are then made for contrbution to medical insurance, day care and other special expenses.If you are paying or receiving child support, you should consider talking to an attorney to see whether the amount is accurate based upon the parties incomes.

Child support can be adjusted or modified based upon a change in circumstances, including the parties incomes and ages of the children.

The law firm of Mogren, Glessner & Roti; represents clients in child support cases. Please visit our web page at http://mgrlaw.com/map/map.html for more information.

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