Establishing Child Support in Washington State
When it comes to raising a child, both parents have an obligation to provide financial support. In Washington State, the Department of Social and Health Services, Division of Child Support (DCS) is responsible for establishing and enforcing child support orders.
This article will discuss the different aspects of establishing child support in Washington State, including paternity establishment, child support determination, modification, and enforcement.
Establishing Paternity
Establishing paternity is necessary if the father’s name is not on the birth certificate. There are three ways to establish paternity in Washington:
1.
Voluntary Acknowledgement of Parentage: This process typically occurs at the hospital after the child’s birth. Both parents sign a legal document that acknowledges the father’s paternity.
If the parents are not married, the father must also provide financial support for the child. 2.
Court Order: If paternity is disputed, a paternity suit can be filed with the court. The court may order genetic testing to determine paternity.
If the father is found to be the biological father, he will have the legal obligation to provide financial support. 3.
Administrative Establishment: If the parents are married or in a registered domestic partnership, paternity can be established administratively through DCS without going to court.
Child Support Determination
The amount of child support a parent is required to pay is determined by the standardized child support formula set forth in Washington State law. The formula takes into account the parents gross monthly income as well as the number of children requiring support.
Additionally, DCS uses a child support economic table, which considers the child’s age and needs, to determine the amount of child support to be paid.
Child Support Modification
A child support order may be modified if there is a significant change in circumstances, such as a decrease or increase in income, or if the cost of daycare or medical expenses changes. A modification can be requested by filing a petition with the court or DCS.
If the change in circumstances is substantial, the court may review and modify the child support order even without a petition.
Child Support Enforcement
If a parent fails to pay child support, there are a variety of legal remedies available to enforce the order including:
1. Income Withholding Order: This order requires the employer to withhold child support from the parent’s paycheck.
2. Lien on Assets: A lien may be placed on the parent’s property until the child support obligation is satisfied.
3. License Suspension: DCS can request the suspension of a parent’s drivers license, occupational license, or professional license if they fall behind on child support payments.
4. Bank Account Collection: DCS can seize funds from a parent’s bank account.
5. Private Collection Agency: DCS may contract with a private collection agency to collect past-due child support.
6. Credit Bureau Reporting: DCS may report past-due child support to credit bureaus.
7. Criminal Prosecution: If a parent willfully fails to pay child support, they may face criminal charges.
8. Contempt of Court Charges: A parent may be held in contempt of court for failing to comply with a court-ordered child support obligation.
In conclusion, understanding the different aspects of establishing child support can help parents navigate what can be a complex process. Establishing paternity, determining child support, modifying an existing order, and enforcement are all part of the process.
While the obligation to pay child support can be daunting, it is an essential element of ensuring a child’s welfare and providing them with the financial support they deserve.
Child Support Calculation in Washington
During a divorce or separation, child support calculation plays a vital role in determining the financial obligations of both parents towards their child. In Washington, child support is calculated based on both parents’ income.
This article will discuss how gross monthly income is calculated and how the Washington State Child Support Economic Table is used once the income has been determined.
Gross Monthly Income Calculation
Gross monthly income is the first step in determining child support. It includes the total income earned by a parent in a month from all sources, calculated before taxes and deductions.
In Washington State, an individual’s gross monthly income is computed as follows:
1. For salaries and wages, take the actual amount earned each month.
2. For business owners, self-employed individuals, or those receiving profits, take the average of the previous year’s income.
If there have been significant changes in income, the total income of the previous 3-5 years will be used to calculate the income. 3.
For individuals who are unemployed or underemployed, the court may impute income based on the person’s earning potential, education, and prior earning history. Deductions from gross monthly income include child support for children from a previous relationship, spousal maintenance, medical insurance, and state or federal taxes.
Washington’s Child Support Economic Table
Once the gross monthly income of both parents is determined, the Washington State Child Support Economic Table can be utilized to calculate the monthly child support obligation. This table is designed to ensure that the amount of child support awarded is fair and equitable, taking into account the net income of both parents and the number of children requiring support.
The table uses a formula called the “parental obligation” calculation, which considers the parents’ combined net income and the number of children needing support. The amount of time each parent spends with the child is also taken into account, as well as their relative income level.
In situations where the child has special needs, Washington State allows for “judge deviation” from the standard support obligation amount. A judge may consider the best interests of the child and adjust the amount of support according to the child’s needs.
Modifying Child Support in Washington
Child support modification is a process that allows either parent to request a modification of the existing child support order. The process involves filing the relevant documents with the court or DCS.
This article will discuss the grounds for modification and the different forms that may be utilized.
Grounds for Modification
In Washington, a child support order may be modified when there is a substantial change in financial circumstances, such as an increase or decrease of income by 25% or more. The child must also be at least 35 months old, or three years and eleven months old.
The party seeking the modification must provide evidence of a substantial change in circumstances that affects the amount of child support owed. A substantial change in circumstances can include a change in employment, an increase or decrease in income, a change in the child’s needs, changes in child custody or visitation, remarriage, and changes in medical or daycare expenses.
Modification Forms
There are several forms necessary to request a child support modification in Washington State, depending on the circumstances:
1. FL Modify 501: This form is used when both parents agree on the modification and are submitting it to the court for approval.
2. 9-471 Child Support Order Review Request: This form allows a parent to request a review of the child support order by DCS to determine if a modification is necessary.
3. 9-280B Petition for Modification: This form is used when a parent wants to request a modification of the child support order from the court due to a change in circumstances.
In conclusion, understanding how child support is calculated and modified in Washington State is essential for both parents to ensure the best interests of their child are met. Knowing the grounds for modification, which forms are applicable, and how much income is calculated for child support are vital in navigating the legal process.
Non-Payment of Child Support in Washington
Child support is a crucial legal obligation that parents must fulfill for the well-being of their children. Failure to pay child support can result in severe consequences for the delinquent parent.
In Washington, the Division of Child Support (DCS) and the court system have various enforcement tools to ensure that child support payments are made. This article will discuss the different tools and remedies available to enforce child support and what happens in cases of criminal non-support.
Enforcement Tools
DCS can use several tools to enforce child support orders, including:
1. Income Withholding Order: This order requires the employer to withhold child support from the parent’s paycheck.
2. Lien on Assets: A lien may be placed on the parent’s property until the child support obligation is satisfied.
3. License Suspension: DCS can request the suspension of a parent’s drivers license, occupational license, or professional license if they fall behind on child support payments.
4. Bank Account Collection: DCS can seize funds from a parent’s bank account.
5. Private Collection Agency: DCS may contract with a private collection agency to collect past-due child support.
6. Credit Bureau Reporting: DCS may report past-due child support to credit bureaus.
7. Criminal Prosecution: If a parent willfully fails to pay child support, they may face criminal charges.
8. Contempt of Court Charges: A parent may be held in contempt of court for failing to comply with a court-ordered child support obligation.
In severe cases, a parent may be criminally prosecuted for non-support.
Criminal Non-Support
In Washington, non-payment of child support can result in criminal charges. Non-support of a dependent child is a gross misdemeanor, and a parent can face up to a year in jail and some financial penalties.
When the delinquent parent repeatedly fails to pay child support, they can face a felony charge. The maximum sentence for a conviction is ten years in prison, along with hefty financial penalties.
Ending Child Support in Washington
Child support payments usually end when a child reaches the age of majority. In Washington State, child support can end for several reasons, including emancipation, graduation or the child’s 18th birthday, or if the child is mentally or physically disabled.
This article will explain the different reasons child support may end and how to terminate the payments.
Child Support Termination
The most common reason for the termination of child support payments is when the child reaches the age of majority in Washington State, which is 18. At this point, child support automatically ends.
However, child support payments can also end when a child is emancipated, which means that they are no longer under the control of their parents. High school graduation may also signal the end of child support payments.
If the child has a mental or physical disability that requires ongoing support, child support payments may continue beyond the age of majority. Parents can also agree to extend child support payments through a written agreement or a court order.
Early Termination
In certain situations, a parent may request early termination of child support payments. These situations may include:
1.
Marriage: If the child gets married, the child support obligation may end. 2.
Military Service: If the child joins the military, child support payments may end. 3.
Lawsuit: If the child receives a settlement or award from a lawsuit, child support may end or be reduced. 4.
Emancipation: If the child is legally emancipated, child support payments may end. When a parent requests early termination, they must provide evidence supporting the request.
The court will then review the evidence and make a determination based on the best interests of the child. In conclusion, child support payments are essential for the well-being and financial security of children.
In cases of non-payment, Washington State has several enforcement tools to ensure compliance. Understanding when child support payments end is also crucial, and parents must review their child support agreement periodically to ensure that they are still complying with their legal obligations.
In conclusion, establishing child support in Washington State is a crucial process that ensures the financial well-being of children. Paternity can be established through voluntary acknowledgment, court orders, or administrative procedures.
Child support is determined based on the standardized formula and the Child Support Economic Table, taking into account parents’ gross monthly income and the child’s needs. Modifications can be made in case of significant changes in financial circumstances, and non-payment of child support can lead to serious consequences, including criminal charges.
It is important to understand the tools available for enforcement and the grounds for termination. By fulfilling their child support obligations, parents can provide a stable and secure future for their children.
Remember, supporting your child is not only a legal responsibility but also a moral obligation that contributes to their overall well-being and future success.