Washington family law usually encourages parents to work out differences between themselves without involving the judicial system. Child support modification is different. Informal side agreements, even written agreements, are unenforceable in family court. So, when circumstances change accordingly, as outlined below, the existing formal order must be legally modified.
Because of this requirement and because circumstances change so frequently, a Seattle family law attorney should evaluate child support orders at least annually, compare these orders with existing financial and emotional circumstances, and recommend whether or not to file a child support modification action. This approach is the best way and usually the only way to see that the purpose of child support is honored and fulfilled.
This purpose is clear. It is not a child’s fault that parents are not married. Therefore, a child’s standard of living should not suffer because of a divorce or separation. On a related note, child support is not a subsidy program for an obligee (person receiving child support) or a financial penalty for an obligor (person paying support).
Setting Child Support
A stitch in time saves nine. Properly setting child support during a divorce or paternity action often reduces the need for immediate modification motions. This step is significant because, in many cases, a one-year waiting period applies. Once the judge sets a child support amount, that amount must stay in place for at least a year, absent extraordinary circumstances.
In Section 26.19, Washington state law establishes child support guideline amounts that are presumptively reasonable in most cases. Washington, like most other jurisdictions, is an income-share state. Therefore, the child support guidelines incorporate a number of different factors, such as:
- Number of children involved,
- Proportional income of the parents (step-parent income never counts),
- Overnight visit proportion, and
- Child’s special medical or other needs.
The guidelines do not apply in some cases, usually if the parents earn more than about $100,000 a year or if the child is mentally, physically, or otherwise disabled.
When to Modify Child Support
If circumstances, usually financial circumstances, substantially, permanently, and unexpectedly change, and the movant brings the motion in good faith, the judge will modify the child support obligation.
Washington law does not set a “substantial” change threshold. To most judges, a 10% income change (higher or lower) is a substantial change. Therefore, a substantial decrease is straightforward. The movant simply includes relevant financial documents. To establish a substantial increase, a Seattle family law attorney often uses circumstantial evidence of a higher income, such as large new purchases or statements the obligor made about a higher income.
Additionally, the change must be permanent. If the party is self-employed or has a side hustle, income peaks and valleys are common. A large bonus or financial windfall does not count either, even if that bonus or windfall could mean several thousand dollars of additional child support.
Moreover, the change must be unexpected. This requirement comes up very frequently in alimony modifications when an obligor retires. Since retirement is usually an expected change, this event is not a qualifying modification event, at least in most cases.
Finally, the movant must bring the motion in good faith. Obligors cannot quit high-paying jobs to reduce their child support obligations. Obligees cannot make these motions either, even if the change is permanent, unexpected, and substantial if the obligee’s motive is revenge or something else unsavory.
The same basic rules apply to emotional-related child support modifications, such as a shift in the proportion of overnight visits. Children’s visitation patterns commonly shift over time. Additionally, if a parent forces a child to change visitation patterns to support a motion to modify, this deception usually comes out during the modification process.
On a related note, in Washington, child support increase modifications are usually retroactive to the filing date, while child support decrease modifications are usually not retroactive. More on the modification procedure below.
Modification Procedure
Most family law modification procedures feature an easy way and a hard way. Child support modification is no exception.
The easy way is a court-approved informal agreement. As mentioned, informal agreements are not enforceable in King County family courts. But if a judge signs off on the agreement, it instantly becomes part of the official judicial record.
Sometimes, the parties agree on both a need for modification and an amount. In these cases, a Seattle family law attorney presents an agreed motion to the judge. Most likely, the judge will sign an order without requiring a hearing.
If the parties agree on the need for modification but not an amount, usually because the obligee suspects the obligor is hiding income, the easy way is not quite as easy. Frequently, a Seattle family law attorney will enlist the services of a professional mediator.
Should it come out that the obligor is hiding income, the mediator usually points out that the obligor can come clean now or after they spend several thousand dollars during the litigation process. A judge may require a brief hearing in these situations to determine whether the motion is agreed upon and not coerced.
The hard way is the litigation process. When a parent files a contested motion to modify, the judge usually orders discovery and appoints a mediator.
Discovery is a court-supervised information exchange that requires both parties to put all their cards face-up on the table. If obligors have hidden income, discovery should reveal it. As outlined above, a mediator helps parties compromise on certain issues so they can present an agreed order to the judge.
Judges have the power to alter the child support obligation unilaterally. But these modification hearings are extremely rare.
Modification Outcome
Nien times out of ten, state guidelines determine the modified child support obligation. If the guidelines are inappropriate or unworkable, the judge typically uses the aforementioned factors to determine the child support obligation.
Most modification orders include wage withholding orders. Legally, that order may withhold up to 50 percent of the obligor’s gross income to satisfy current and past-due child support.
Enforcement motions often follow modification motions. Less than half of Washington’s obligees receive the full amount of child support due. The Attorney General has primary enforcement power in this area.
An obligee can also partner with a private Seattle family law attorney and enforce the obligation. Possible collection methods include not only wage withholding but also lien placement, bank account levy, payment intercept, and, in some cases, jail time.
Contact a Tough-Minded King County Lawyer About Modifying Child Support Orders in Washington State
Divorce and related matters usually involve emotional and financial issues. At Elise Buie Family Law, our team of knowledgeable family law attorneys will work tirelessly to represent your rights where a child support modification is at issue. For a confidential consultation with one of our experienced family law attorneys, contact us in our Seattle office or book a call with us now.
