The laws to changing child support can get very complicated. Hiring a Vancouver, WA family lawyer is the best way to accomplish this often complicated task.
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Lambert Law is an experienced law firm which can help you get what you are legally entitled to. Below is the law concerning child support. Please, call Lambert Law for help. 360-737-1473.
What are the different ways to change my child support court order?
The court will not always change an Order of Child Support. You must meet the legal criteria for the court to order a change. See RCW 26.09.170.
- There are two different procedures (actions) under Washington law through which a permanent court Order of Child Support can be changed. One is called a Motion for Adjustment of Child Support. The other is called a Petition for Modification of Child Support.
If you are trying to change your child support, read this section to find out what type of action to file.
If you have been served with an action to change your child support, read this section to find out whether the other party has filed the right type of case. If you think the other party has not filed the right type of action, or has not met the legal requirements for the adjustment or modification, write this in your response.
1. When may I file a Motion for Adjustment of Child Support?
You may file a Motion for Adjustment of Child Support:
(1) IF your Order of Child Support says that you can file a motion for adjustment; AND you have followed the instructions in the Periodic Adjustment paragraph of your Order of Child Support but have not been able to reach an agreement with the other parent;[5]
OR
(2) IF it has been two years (24 months) since your current order of support was entered; AND
(a) Your income or the income of the other parent has changed; OR
(b) The Economic Table Standards in RCW 26.19 have changed;[6]
OR
(3) IF it has been at least one year (twelve months) since your current order of support was entered AND one of the children has turned twelve years old (and therefore changed age categories in the support schedule) since the last order was entered.[7]
A motion for adjustment generally is a faster and simpler way to change your child support order. It can be decided with less advance notice. You usually have only one hearing. There is less paperwork. But not everyone can file a motion for adjustment. You must meet the legal requirements for filing one. Typically, you may only change the amount of the support in an adjustment proceeding. If your Order of Child Support already requires the paying parent to share the cost of daycare, educational expenses or uninsured medical, you may also be able to change the amount of those expenses that each parent must pay.
- File a Petition for Modification if you want to add (or take away) a requirement that a parent must pay daycare, educational expenses, or other expenses not in your current Order of Support, or if you want to change who can claim the federal income tax exemption for the children. Do not file a Motion for Adjustment.
2. When may I file a Petition for Modification of Child Support?
You may file a Petition for Modification of Child Support:
(1) IF you meet the requirements for filing a motion for adjustment (above)
OR
(2) IF one year (twelve months) has passed from the date your current child support order was entered; AND one of the following is true:
(a) The order causes severe economic hardship to a parent or the child;
OR
(b) You want the other parent to pay child support beyond age 18 to allow the child to finish high school (the child must still be in high school when you file);
OR
(c) You want to add an automatic adjustment of support provision according to RCW 26.09.100.[8]
OR
(3) IF your current Order of Child Support was entered by default (without notice to you).[9]
OR
(4) IF you can show a substantial change in the circumstances of either parent or the children (no matter how long it has been since your current support order was entered).[10]
What is a “substantial change in circumstances”?
Usually, a substantial change in circumstances is something that you had no control over. Examples: an injury or illness that keeps you from working, a layoff, going to jail[11], or a change in the needs of the child.
In order to meet the legal requirements to modify a child support order, the “substantial change in circumstances” claimed by the person asking for the change cannot be:
- one that either parent or the court knew about at the time the current order of support was entered;[12] OR
- voluntary, such as quitting your job, or deciding to go to school or take a lower paying job;[13] OR
- if you are the parent who gets child support, because you got a raise in your pay.[14]
If you are asking for a modification of child support on the basis of a substantial change in circumstances, you must show the court that a substantial (significant) change in your situation has taken place.
OR
(5) At the time an agreed child support order was entered, the Court did not independently review the order for adequacy.[15]
J. In which county should I file my court action?
In one of the following counties:
- Where the existing Order of Child Support was entered; OR
- Where the child lives; OR
- Where the person who has primary residential custody of the child lives.[16]
If the other parent has filed a motion or petition for modification in the wrong county, you must file a Motion for Change of Venue. Our packet Filing a Motion for Change of Venue in a Family Law Case has some of the forms you will need. Or get them from your Family Law Facilitator’s office, or ask your court clerk where to buy legal forms for your county. If no one has this packet, talk to an attorney. If you are low-income, call CLEAR at 1-888-201-1014.
K. I have been served with papers to change my child support. What should I do?
- Talk as soon as possible with an attorney with family law expertise if you can afford one. If you are low- income, call CLEAR at 1-888-201-1014.
- If you cannot get timely legal advice, figure out whether the case filed is a Superior Court case or an administrative case. (See question 6 above.)
- If the case has been filed in Superior Court, figure out what type of Court Case it is. Look at the title of your papers (in the upper right section of the first page, under the case number).If the papers you received include forms called a Summons and a Petition for Modification of Support, then you have a Support Modification case. If you received a Petition for Modification of Support, get our packet calledResponding to a Petition for Modification of Your Child Support Court Order.If the papers you received include forms called a Notice for Hearing or Note for Calendar Motion, and a Motion and Declaration for Adjustment of Support, then you have a Motion for Adjustment case. Get our packet calledResponding to a Motion for Adjustment of Your Child Support Order.If the papers you received include a Notice for Hearing or Note for Calendar Motion, but have a Motion and Declaration for Temporary Order, then you have a Motion for Temporary Orders case. You could receive both a Petition for Modification of Support and a Motion for Temporary Orders. If you received a Motion for Temporary Orders, get our packet called Responding to a Motion for Temporary Orders.
- You Must Respond on Time! When you are served with legal papers, you must take steps right away to figure out how to respond. In most cases, if you do not respond on time, the other party will automatically win what they are asking for. For a motion, you may have as few as four business days after you receive the papers to file your response. It may take time to locate legal resources and to read through this publication and the appropriate response packet. Begin as soon as possible after you get the papers. If you cannot respond in time, you must file a Notice of Appearance and ask for a continuance. (See below.)
- Figure Out How Much Time you Have to Respond. When you get the papers, look to see if there is a Notice for Hearing (sometimes called Note for Motion, Note for Calendar Hearing, Note for Motion Docket). If there is one, you must file your response by the date stated in the notice. If the notice does not state a deadline, immediately call the court clerk’s office or your family law facilitator, or check your local court rules, to find out the deadline. For most counties, you must respond (the other parties and the court clerk and judge must receive your papers) no later than 4:30 p.m. the court day before the hearing. Court days are all days except weekends and federal and state holidays.
- Make Sure You Received Enough Notice. The person who files the motion (in most cases, the other parent or his/her attorney) must give you enough notice of the hearing. You must receive the papers (in person or at your home) as many days before the hearing as your county’s local rules require. For most counties, you must get the papers for a motion at least five court days before the hearing, not including the date that the papers are given to you. For some counties, you must get more notice. If the other person mails the papers to you by first class mail, you should get an extra three days to respond after the date the papers were mailed.
- What if I Need More Time? If you did not get adequate notice, the court should not enter an order against you on the hearing date. However, it is a good idea to ask for a continuance (delay) before the hearing. You may also ask for a continuance if you did get enough notice according to the rules, but you simply do not have enough time to respond.As soon as you know that you want a continuance, contact the other party if possible (or the other party’s attorney, if they have one). Call if there is not much time before the hearing, but by email or fax is best. State that you need more time to respond to the papers. Ask for a new date for the hearing. Depending upon your reasons for asking for the delay, you could ask for a week or longer. You must ask the other party for a continuance if you know that you need one.If you do not, and you just show up for the hearing, sometimes the judge/commissioner will make you pay the other party for having to waste time appearing for the hearing if the judge believes that you could have asked for a continuance in advance. This is especially true if the other party has an attorney. The other party will need to pay the attorney for his/her time whether or not there is a hearing.If the other person agrees to the continuance, ask for written confirmation that they have continued the hearing. If the other person refuses to agree to the continuance, you can:(a) Go ahead and respond as best you can and get ready for the hearing. You should respond in some way if you possibly can. The very first thing to say in your declaration is that you want a continuance. If you did not get enough notice, say that. If you did, but you need more time, say that. Then describe your efforts to get the other person to agree to the continuance. Also file a Notice of Appearance. It informs the court in writing that you want to take part in your case. It also keeps the other party from going to court without giving you notice. A Notice of Appearance form, along with instructions on how to fill it out, is available in our do-it-yourself packets on responding to a Motion for Adjustment or a Petition for Child Support Modification.(b) Make a Motion for Continuance. You may not have enough time to give the other party the amount of notice needed for a motion for continuance. You may need to get an Order Shortening Time (an order allowing you to bring your motion on less than the required time). This packet does not address this type of motion. Your Family Law Facilitator’s office or court clerk may have more information. (c) Ask for a Continuance at the Hearing. Go to the hearing. When your case is called, stand up and state your name and that you would like a continuance. The judge/commissioner may ask you to give your reasons, and may listen to the other party’s reasons why they did not want to agree to a continuance. If you tried to get the other party to agree before the hearing, let the judge know that too.
- What If the Hearing Already Happened? If you find out that a hearing already happened, but you did not get any notice in advance, talk with an attorney as soon as possible. If you cannot afford an attorney and you live outside of King County, contact CLEAR 1-888-201-1014. If you live in King County, contact the King County Bar Association Neighborhood Legal Clinics program. You may be able to ask the court to vacate (cancel) the orders. However, you must do so very quickly. The longer you wait, the harder it may be for you to vacate the orders. For court orders that are over one year old, it can be very hard to vacate the order.