Child Support Lawyers in Seattle
As parents, we have a responsibility to provide the best care for the financial needs of our children. In Washington, parents who share custody must contribute proportionally to this task, and non-custodial parents often must pay child support to the custodial parent toward basic needs associated with raising a child. For some couples, this is easily sorted out, but for others, there are concerns if the amount of child support ordered by the court is fair or accurate. Maybe your circumstances have changed, and you can no longer afford the required support amount. Whatever your situation, a Seattle child support lawyer at ZafiroLaw is here to assist you through the child support process to ensure you can financially provide for your child.
How to File for Child Support in Washington
Filing your child support forms with the help of a Seattle child support attorney is recommended. You’ll find the complete list of forms on the county website (here), and you’ll need to fill out:
- Case Assignment Area Form
- Confidential Information Form
- Summons: Notice about Petition Parenting Plan, Residential Schedule and/or Child Support
- Petition for a Parenting Plan, Residential Schedule and/or Child Support
- Child Support Worksheets
- Child Support Schedule & Instruction
- Notice to Military Dependent
You’ll also need to provide a certified copy of the child’s birth certificate, a financial declaration and sealed financial source documents.
Create copies of these documents because you’ll need to supply them to the other parent and the Clerk’s office. You’ll want to have your own copies of every document you provide just in case you need them in the future.
You will file your case with the Clerk’s office and will need to bring all of the supporting documents with you.
We’ll help you get all of your documents in order, ensuring that when you file your case, the process can move swiftly through the next steps so that you receive your child support as soon as possible.
How Washington Child Support Gets Determined
Washington child support laws take both parents’ incomes into account when determining the amount of an order. The Washington State Support Schedule is the guideline used in making this determination, and courts in Snohomish and King Counties will calculate how much support each parent should provide according to the gross amount of income they earn.
Though child support usually lasts until your child has reached the age of 18 or graduates high school, there are instances where it may continue longer. Should they become disabled, the court may allow support to continue past the age of maturity.
A child support order is made based on more than just gross income differences between parents, but also the below factors:
- How many children you support and their ages
- Your new spouse or partner’s income
- Other children supported by your spouse or partner
- Any deductions like taxes, Medicare, pension contributions, or social security
Other factors could cause a court to order support outside of these guidelines. This can occur if you are the non-custodial parent and spend substantial time with your child compared to the other parent. In these cases, you may get a reduced amount ordered for your support liability.
How Is Child Support Calculated?
Washington State Department of Social and Health Services provides a basic support calculator, which includes many of the main factors that are considered when determining monthly support:
- The income of each parent
- Number of children
- Age of the children
Income will be a factor up until $12,000 per month in combined income. The court can exceed the maximum presumptive amount granted for high-income earners.
How Much Could Child Support Be in Washington?
Child support payments use a presumptive table to dictate how much parents have to pay for child support. Basic range of support obligations:
- $216 for one child with a combined net income of $1,000 to
- $1,573 with a combined net income of $12,000 for one child
Courts can always deviate from these payment amounts, taking each support case’s unique factors into account.
What Can Child Support Be Used For?
Child support is meant for the care of the child. Parents receiving support can use it for:
- Basic care necessities
- Food
- Clothing
- Housing
On top of basic child support, the court can assess additional expenses and add them to child support obligations. Extra-curricular activity costs, daycare. Out-of-pocket medical expenses and private school tuition are all expenses that may be involved in raising a child and are added to the support obligation.
In these cases, where a child is in daycare or in private school, the court will determine each parent’s share of these costs.
If you’re receiving child support and are unsure if the support can be used for a specific purpose, feel free to call us at (206) 547-9906.
Is Child Support Taxable in Washington?
Parents receiving child support in Washington do not have to report these payments as earned income.
However, there are no tax breaks for parents making child support payments. In other words, those payments will be taxed as income for the paying parent.
Both parents should come to an agreement on who will claim the children as dependents or take the child tax credit on their taxes. Many parents take turns claiming these deductions. For example, the custodial parent may claim the deduction for even years and the other parent for odd years.
Sharing tax deductions will benefit both parties and may help ease conflict.
Your Seattle child support attorney can help you understand the tax implications of child support, so you know what to expect.
How Can Income Affect Child Support?
In Washington, child support calculations are based on a number of factors, including parental income. Generally, the higher your income, the higher your child support payments.
However, there is a limit to how much income the court will consider in Washington. If the parents’ combined monthly income exceeds $12,000, any additional income will not be factored into the equation.
But income can also affect child support in other ways. The base child support formula does not take into account three important categories of costs: daycare, healthcare, and extracurricular activities.
Instead, courts determine these costs based on each parent’s income. If both parents earn the same income, these costs will be split 50/50. If one parent makes twice what the other makes, the higher-earning parent will pay 2/3 of these costs out of pocket.
Additionally, while Washington uses a standard child support formula to calculate support, courts can deviate from these amounts if there is good reason to do so. For example, a special needs child may have specific costs associated with medical care or educational needs.
Although these cases are uncommon, income will also be taken into account when deviating from the standard child support amounts.
What Happens if I Can’t Afford Child Support?
When a parent ordered to pay child support fails to do so, the court may pursue a contempt action against them. This action can be brought by the custodial parent receiving the support or the county child support enforcement agency with jurisdiction. When this occurs, a court will determine how much in payments is still outstanding and what action should be taken to correct the issue.
The presiding judge may decide that authorizing your wages or government program benefit to be garnished. In severe cases of gross failure to pay child support, it is possible that the parent obligated to pay will have to serve jail time until all or part of the outstanding debt is paid.
It is critical to speak with an experienced Seattle child support lawyer at ZafiroLaw about what options you have available to pursue the support you are owed or represent you throughout your contempt charge process.
Modifying a Washington Child Support Order
Many parents fall behind on their child support orders because they have experienced a substantial change of circumstances after a subsequent divorce, job change, or relocation. Under Washington state law, you can ask the court to adjust or modify your current child support order. You can request for an adjustment every two years. You don’t have to wait 2 years to request modification.
Other situations that may necessitate an increase or decrease in a child support order include:
- One of the parents have a significant change in income
- The custody arrangements for the child have changed
- One parent is in jail
- Increased medical costs are being incurred due to major illness
- Childcare or education costs have increased
- A parent’s time with the child has changed dramatically
- One of the parents has had another child
It is important to understand that you must go through court to receive an adjustment or modification. Doing so on your own without court approval could lead to a contempt action against you. The court must approve any change made to the amount of child support ordered.
Before taking any action to get your child support order adjusted or modified, speaking with a knowledgeable Seattle child support lawyer at ZafiroLaw can give you critical insight into the impact of such a change.
Hiring A Seattle Child Support Attorney Near You
Raising a child is complicated. Over time, their needs may change. Special needs children will have different care requirements and expenses. All of these factors can affect child support payments.
Whether you’re in the process of requesting child support or need to modify a child support order, a Seattle child support attorney can help you navigate this complex process.
An attorney can help you better understand how child support payments are calculated, what your rights are and what to expect.
The attorneys at ZafiroLaw are highly experienced in the areas of child support and other family law matters.
Call us at 206-547-9906 or contact us online to schedule a consultation!
A Child Support Lawyer From ZafiroLaw is Here to Help
As a parent, you know the importance of supporting your child after divorce or separation. If you are a custodial parent seeking support for the first time or a non-custodial parent who has experienced a major change in life circumstances and cannot afford to pay your ordered amount, ZafiroLaw is here to represent you.
Our firm has a proven case history of success when representing families in sensitive areas of family law like child support. You need a legal team that focuses on helping you resolve your legal matter with minimal stress on your child and new family. As a Seattle-based firm, we are proud to bring comprehensive family law services to communities throughout the area, including Mill Creek, Edmonds, and Bellevue.
Call us at 206-547-9906 to learn more about how we can help you navigate this complicated process, or contact us online today!
