When will a court order a parent to pay child support?
Both parents have legal duties under Washington law to financially support their
children. In a divorce or legal separation, a court must order one or both parents to pay support for their children. Sometimes parents were not married to each other when the children were born. They may have signed a paternity affidavit naming the father. If not, paternity can be established in court. In these circumstances, the court may order that one or both parents pay child support just as if they had been married.
What does a child support order do?
Payment of child support and other expenses for children is a required part of a
divorce, legal separation, or paternity action. A child support order includes which
parent will pay support, who will pay other expenses such as day care and
transportation, who will provide health insurance for the children, how long child
support will be paid, and even arrangements for college expenses, and of course, how much will be paid.
Can separating parents agree not to pay child support?
If parents are involved in a legal action such as divorce, legal separation, or a
paternity action, the court is required to set a child support amount. Child support is meant to provide for the needs of children, so parents are not allowed to opt out of paying child support, even if they both agree.
How does a court determine the child support amount?
In Washington, courts use the Washington State Child Support Schedule. The
Schedule takes into account each parent’s income, the age of the children, and
other expenses such as medical insurance and childcare expenses. The Schedule must be used in every county, in both judicial and administrative proceedings and in all kinds of proceedings where child support is determined, adjusted, or modified.
The basic child support obligation is based on the combined family income after
taxes, ages of the children, and the number of children in the family. The actual
amount of support required is also based on the special circumstances of each
family. In limited situations (such as low income), the amount of child support
can be different from the Child Support Schedule, but only with court approval.
Can child support amounts be changed later?
Washington law allows child support amounts to be changed after a set period
of time in many situations, including change in a child’s age, changes in income,
and changes in the needs of the children.
When does child support end?
Child support usually ends when a child turns 18 or graduates from high school,
whichever happens later. Sometimes support can be ordered past that time if
the child has disabilities. Support for college or vocational education expenses
can be ordered.
How does a parent enforce a child support order?
There are different ways to enforce a child support order. A parent who is not
receiving court-ordered child support can file a contempt motion in court. The
Washington State Division of Child Support can help a parent with child support
enforcement, including wage assignment (garnishment) and revoking driver’s
and other licenses.