Child Support in Washington State

Child support is one of the most important financial issues addressed in a divorce, parentage action, or parenting plan case. In Washington State, child support is intended to ensure children receive financial support from both parents, regardless of whether the parents live together. The purpose of child support is to provide for the needs of the child.

Washington uses a standardized formula designed to approximate the amount parents would spend on their children if the family remained intact. The court begins with a presumptive support amount but retains discretion to deviate from that amount in appropriate circumstances.

How Child Support Is Calculated

Washington courts calculate child support using a multi-step process.

Step 1: Determine Each Parent's Income

The court first determines each parent's monthly gross income. Income may include:

• Wages and salary
• Overtime
• Bonuses and commissions
• Self-employment income
• Rental income
• Investment income
• Unemployment benefits
• Disability benefits
• Retirement income
• Certain other recurring sources of income

After gross income is established, specific deductions are allowed, including taxes and certain mandatory deductions. The result is each parent's net monthly income.

Step 2: Combine the Net Incomes

The parents' net incomes are combined to determine the family's total monthly net income.

Step 3: Consult the Economic Table

Washington's Child Support Schedule contains an Economic Table that establishes the basic support obligation based upon:

• Combined monthly net income
• Number of children

Step 4: Determine Each Parent's Proportional Share

Each parent's percentage of the combined income is calculated.

For example:

• Parent A earns $3,000 net monthly income.
• Parent B earns $7,000 net monthly income.
• Combined income = $10,000.

Parent A contributes 30% of the combined income.

Parent B contributes 70% of the combined income.

Each parent is responsible for the same percentage of the child support obligation.

Basic Child Support Obligation

The amount generated from the Economic Table is called the Basic Child Support Obligation.

This amount is intended to cover ordinary expenses such as:

• Housing
• Food
• Clothing
• Transportation
• Utilities
• Routine child-related expenses

The basic obligation is then divided between the parents according to their respective income percentages.

Additional Child Support Expenses

The basic support amount does not necessarily end the analysis.

Washington courts frequently allocate additional expenses, including:

Daycare and Childcare

Work-related daycare expenses are generally shared proportionally between the parents.

Health Insurance

The cost of maintaining health insurance for the child is usually allocated between the parents.

Uninsured Medical Expenses

Examples include:

• Co-pays
• Deductibles
• Orthodontia
• Counseling
• Vision expenses

Educational Expenses

Certain educational expenses may be shared depending upon the circumstances.

These expenses are often divided according to each parent's percentage share of the combined income.

Extracurricular Activities

Extracurricular expenses are treated differently than daycare or health insurance expenses. Costs associated with sports, music lessons, camps, tutoring, clubs, and other enrichment activities are generally not automatically included in the child support calculation.

Parents may agree to share these expenses, or the court may allocate them between the parties when appropriate. Factors considered may include the child's historical participation in the activity, the reasonableness of the expense, the financial resources of the parents, and the child's particular needs or interests.

When parents cannot agree, disputes regarding extracurricular expenses frequently arise after entry of the final child support order or parenting plan.

Long-Distance Transportation Expenses

Transportation expenses associated with residential time can become significant when parents live in different cities, states, or countries.

Washington courts have authority to allocate transportation expenses between the parents in a manner that is fair under the circumstances. In determining responsibility for transportation costs, courts may consider:

• The financial resources of each parent;
• The reasons for the relocation;
• The distance involved;
• The frequency of travel required; and
• The overall best interests of the child.

Transportation expenses are often addressed separately from the basic child support obligation and may be divided proportionally between the parents or allocated entirely to one parent depending upon the circumstances.

Deviations from the Standard Calculation

The court has authority to deviate from the standard support calculation when appropriate.

Common reasons for deviation include:

Significant Residential Time—Residential Credit

When a child spends a substantial amount of time with the paying parent, the obligated parent may receive a residential credit resulting in a lower monthly payment than established by the basic child support obligation.

To qualify for a deviation from the standard calculation, the obligated parent must:

• Have substantial residential time with the child;
• Demonstrate that the reduced amount will not result in insufficient funds in the recipient's household to meet the child's basic needs; and
• Show that the child is not receiving certain forms of public assistance that may limit the availability of the deviation.

All three factors must be satisfied to qualify for a residential credit.

Children from Other Relationships

The court may consider a parent's support obligations to children from other relationships.

Extraordinary Income

Income from sources may justify a deviation such as:

• Stock options
• Bonuses
• Trust distributions
• Investment income

Extraordinary Expenses

Unusual medical, educational, or other expenses may support a deviation.

Importantly, deviations are not automatic. The party requesting a deviation generally bears the burden of proving it is appropriate.

Imputed Income

A parent cannot avoid child support obligations by voluntarily remaining unemployed or underemployed.

When a parent is unemployed or earning less than the court believes he or she reasonably could earn, the court may impute income to that parent. Imputed income is income assigned by the court based upon factors such as:

• Work history;
• Education;
• Occupational qualifications;
• Job opportunities in the community; and
• Historical earnings.

Imputed income can significantly affect the support calculation and is frequently disputed in child support proceedings.

Self-Employment and Business Owners

Calculating income can become significantly more complicated when a parent is self-employed or owns a business.

Unlike traditional wage earners, self-employed individuals often have business deductions, depreciation, retained earnings, and business-paid personal expenses that may affect the determination of income.

Courts carefully examine business records, tax returns, profit and loss statements, and other financial documents when determining income available for child support purposes.

Because of these complexities, self-employment cases often require more extensive financial analysis than cases involving traditional employment.

Low-Income Cases

Washington protects parents with limited financial resources.

In some circumstances:

• Support may be reduced;
• Courts may consider basic living expenses; and
• The minimum support obligation may be adjusted.

However, courts generally require some contribution toward support absent extraordinary circumstances. Washington law establishes a minimum support obligation of at least $50 per child per month unless an exception applies.

Can Parents Agree to No Child Support?

Parents frequently agree that no child support should be paid because they share residential time equally or because they wish to make their own financial arrangements.

While agreements between parents are important, child support ultimately belongs to the child rather than the parents. As a result, the court must approve any agreement regarding child support and retains authority to reject arrangements that do not adequately provide for the child's needs.

In many cases, Washington law establishes a minimum support obligation of $50 per child per month.

How Long Does Child Support Last?

In most cases, child support continues until the child:

• Reaches age 18; or
• Graduates from high school, whichever occurs later.

However, support may continue beyond age 18 in certain circumstances, including when the court orders post-secondary educational support or when a child has disabilities that prevent independent self-support.

Postsecondary Educational Support

Washington courts have authority to order post-secondary educational support when requested and when the statutory factors support such an award. The decision is discretionary and depends upon the particular circumstances of the family and the child.

Typical costs include:

• College tuition
• Books
• Housing
• Other educational expenses

Children with Special Needs

Support may continue into adulthood when a child has disabilities that prevent independent self-support.

Modifying Child Support

Support may be modified when circumstances change, including:

• Significant increase or decrease in income;
• Job loss;
• Disability;
• Changes in childcare expenses;
• Changes in health insurance costs; and
• Changes in residential arrangements.

Depending upon the nature of the modification requested, a parent may be required to demonstrate a substantial change of circumstances. In other situations, Washington law permits adjustments after a specified period of time without proving a substantial change.

Because modification requirements can vary depending upon the circumstances and the type of relief requested, it is important to carefully evaluate whether a modification or adjustment action is appropriate before filing.

Enforcement of Child Support

Failure to pay child support can result in significant consequences.

Enforcement options include:

• Wage garnishment;
• Tax refund interception;
• Bank account seizure;
• Suspension of licenses;
• Contempt proceedings;
• Collection efforts by the Washington Division of Child Support; and
• Incarceration.

Final Thoughts

Child support cases often appear straightforward because Washington utilizes a standardized support schedule. In reality, disputes frequently arise regarding income, residential credits, daycare expenses, healthcare costs, extracurricular activities, transportation expenses, and post-secondary educational support.

Every family's circumstances are unique. Understanding how Washington's child support laws apply to your specific situation can help you make informed decisions and avoid costly mistakes. Whether you are establishing child support, seeking a modification, or addressing enforcement issues, obtaining accurate information early in the process can have a significant impact on the outcome of your case.

We are here to help:  S. Scott Burkhalter, scott@ssburklaw.com, 4253033110.