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The laws of Washington governing child support and child custody are contained in the Revised Code of Washington (RCW), available here.
To fully understand Washington divorce law and family law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified Washington family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Support in Washington
Child support is the court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation.
In Washington, a court may order either or both parents owing a duty of support to a child to pay an amount reasonable and necessary for the child's support. The child support amount is generally determined by taking into account the incomes of parents and the number of children. Worksheets are forms developed by the administrative office of the court pursuant to section RCW 26.19.050 to use to determine the child support amount. The Court will use these worksheets along with other information to calculate the child support amount.
All income and resources of each natural parent of the child, pertinent to this matter, must be disclosed and considered by the court when the court determines the child support obligation of each parent. Income and resources of any other person must not be included in calculating the basic support obligation.
Basic support obligation as defined under sub section (1) of RCW 26.19.011 means "the monthly child support obligation determined from the economic table based on the parties' combined monthly net income and the number of children for whom support is owed.” The table for monthly basic child support obligation is found at this link.
The child support amount awarded can be modified or adjusted, after a year or more has elapsed, without having the need to prove that there has been change in the circumstances, under following situations:
(5) An order of child support may be modified one year or more after it has been entered without showing a substantial change of circumstances:
- • If the operational support order has resulted in severe economic hardship on either party or the child;
- • If adjustments are sought by party in child support amount that was determined based on the child's age and the child is no longer in the age category on which the current support amount was based;
- • If a child is still in high school, upon a finding that there is a need to extend support beyond the eighteenth birthday to complete high school; or
- • To make an automatic adjustment of support provision consistent with section RCW 26.09.100.
- • An order or decree entered prior to June 7, 1984, may be modified without showing a substantial change of circumstances if the requested modification is to provide:
(a) Health insurance coverage for a child named therein; or
(b) Modify an existing order for health insurance coverage.
(7) If the obligor has voluntarily decided to remain unemployed or remain underemployed.
The child support ends upon the death of either party obligated to support the child or if the child is emancipated.
The court could deviate from the child support schedule, after taking into account the following factors provided under section RCW 26.19.075:
- • Sources of income and tax planning
- • Nonrecurring income
- • Debt and high expenses
- • Residential support
- • Children from other relationships
Child Custody in Washington
Washington recognizes two basic forms of custody: joint custody or sole custody. Child determinations are based on the best interests of the child.
Washington law spells out specific factors that must be considered in making custody determinations:
- • Level of strength, nature and stability of the child’s relationship with each parent
- • Agreements entered between the parties for the child
- • History of each parent’s performance in fulfilling his or her parental responsibilities towards the child and the capacity to continue doing the same in future. It includes even if the parent had taken greater responsibility in meeting the needs of the child
- • Emotional and developmental needs of the child
- • Interaction and interrelations of the child with his or her siblings and other significant persons who may affect the child's best interest. This also includes the level of adjustment the child will make to his or her surroundings, school and in other activities.
- • Wishes of the parents and wishes of the child if he or she has matured to express his or her decision with whom he or she prefers to live with
- • Employment schedule of each parent
Formulation of parenting plans is an important task that the parties must propose to the court. There are temporary parenting plans and permanent plans that can be suggested or drawn by either parties or court. Temporary parent plan is a plan drawn for parenting the child, at the time when the final decision in matters of divorce, legal separation or declaration of invalidity of marriage, is pending in the court. Permanent parenting plan is a plan drawn for parenting the child and is included in the final decree or in the decree seeking medication in actions taken in matters pertaining to divorce, legal separation or declaration of invalidity of marriage. (Definitions of Temporary under Section RCW 26.09.004). The parenting plans can be modified if there has been substantial change in the circumstances of the child or in party that is not seeking modification of plans and if the modifications entail best interests of the child.
The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The findings of the guardian ad litem will put on records as evidence in the proceedings for determining the child custody.
Child Visitation in Washington
Child visitation refers to the ability of a non-custodial parent to spend time with his or her child. Sometimes child visitation is referred to as “parenting time.”
Washington law under section 26.09.240, allows persons other than natural parents of the child to seek visitation rights. There should be clear relationship with the child should be indicated by the person seeking visitation rights. The grandparents of the child can seek visitation rights if the contact or relation between grandparent and child will add to the best interests of the child.
There are eight factors that will assist the court in determining whether the visitation rights should be allowed or refused, such as:
- • Strength of the relationship between the child and the person seeking visitation rights (petitioner)
- • Relationship between each of the child's parents or the person with whom the child is residing and; the petitioner
- • Nature and reason for either parent's objection to granting visitation to the petitioner
- • Effect on the on the relationship between the child and the child's parents or the person with whom the child is residing on allowing visitation
- • Residential time sharing arrangements between the parents;
- • Good faith of the petitioner
- • Any criminal history or history of physical, emotional, or sexual abuse or neglect caused by the petitioner
- • Any other factor relevant to the child's best interest.
The visitation granted will be incorporated into the parenting plan for the child.
Visitation rights can be disallowed or refused if there have been any findings where the child mental or physical or emotional health has been put to any danger by the person seeking these rights. The court may even modify or terminate visitation rights granted if it finds that the visitation is no longer in the best interest of the child.
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