When children factor into a divorce, child support often becomes one of the most significant continuing expenses parents face. These court-ordered payments provide for the care and maintenance all kids need. They’re also a considerable expense, and people often ask if they can modify their support orders.
Is child support modification possible?
Though you must meet specific requirements, you can modify child support in Washington. Like trying to alter most court-issued decrees, however, it’s not particularly easy. Or cheap.
Child support covers everything that caring for children entails. This includes everyday costs like food and shelter, medical care, and education, among other expenses. When determining the amount, the court considers many factors.
The calculation includes, among other things:
- The amount of time a parent spends with a child.
- Each parent’s income.
- The level of need.
The best way to ensure you don’t wind up paying more child support than you can afford is to do what you can to get the number right the first time.
If you have concerns about the amount laid out by the child support formula, dispute it before it becomes official. You can argue why you should pay less or why you should receive more. It’s much, much easier to take care of this now than to deal with it later.
If you don’t do this upfront, child support modification often turns into a grind.
Related Reading: Who Pays Support If Your Wife Has Another Man’s Baby?
How Do You File For Child Support Modification?
There are two different ways to proceed when trying to change a child support order in Washington. One is to file a Motion for Adjustment of Child Support, and the other is to submit a Petition to Modify Child Support. Each one has specific requirements, and whether to file one or the other depends on the situation.
Motion for Adjustment of Child Support
This is generally the quicker, easier path. It involves less paperwork, and the case is often settled in a single hearing. That said, not everyone qualifies.
You can file this motion if it’s been two years since the initial order and either your income or your ex’s income has changed. Or if it’s been at least one year and the child has turned 12 and changed age category.
Petition to Modify Child Support Order
A year after the initial child support order, you can file this way if the payments cause severe financial hardship to you or the child, the child turned 18 but hasn’t finished high school, or if there has been a drastic change in your economic circumstances.
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When Can You Modify Child Support?
Either parent can file a request to modify child support. Because of the importance of the payments, child support modification usually requires the filing parent to show a significant change in circumstances.
- For the paying parent, this commonly takes the form of a drop in income, frequently due to the loss of a job.
- On the other hand, the custodial parent can request an increase if, for example, the other parent gets a substantial raise or promotion.
- If there are big changes in parenting time.
- A baby with a new spouse.
- A drastic change in the child’s needs, such as increased medical attention, a new need for regular child care, or education costs. (For postsecondary education, a modification must occur before the child turns 18.)
Related Reading: When Does Child Support Go Past 18?
Child Support Modification Without A Change In Circumstances
If it’s been less than a year since the court handed down your support order, you must show a change in economic circumstances to modify child support.
If it’s been more than a year since the court handed down your support order, child support modification is possible. You still have to meet a handful of criteria to be eligible.
- If a payment represents an undue financial burden on either the parent or the child.
- If due to the child’s increased age, he or she no longer falls into the same category the original calculation was based on.
- Or if a child has turned 18 but needs continued support to complete high school.
If your situation fits into one of these areas and more than a year has passed since the initial order, you can request child support modification. It’s not a simple process, and the court is often hesitant to alter an existing edict, but you can try.
It’s important to note that sometimes, even if you do meet the criteria, the court may still not grant the change.
Related Reading: Frequently Asked Child Support Questions In Washington
After Filing To Modify Child Support
Once you file the forms for a child support modification, the next step is to serve your ex. This involves delivering a summons, a copy of the motion or petition, and the appropriate worksheets to your child’s other parent.
As in most cases, it’s likely in your best interest to use a professional process server to accomplish this step. If you’re working with an attorney, they should be able to help in this area.
Once served, your ex has 20 days to respond to the petition—60 days if served outside of Washington. If there’s no response in the given window, you may receive a default judgment. This is where the court issues an order without an appearance from the served party.
After you serve the papers and your ex responds, either one of you can schedule a hearing. Both sides make their cases and lay out their respective arguments. When you finish presenting all the evidence and stating your claim, the court issues a ruling.
Attempts to modify child support are complicated. You have many hoops to jump through and boxes to check off. And even then, it’s an uphill battle.
Though child support modification is an option, in many cases, the court is hesitant to change an existing order. If you do go this route, take your time to make sure you do all the legwork and have the strongest possible argument.