A Washington Order of Child Support can be adjusted through a child support modification procedure if there has been a substantial change in the circumstances of the parents or the child. Some examples include when one or both parents' income has substantially increased or decreased; if the child now spends a greater amount of time with one or the other parent; or if the child has special needs, including special schooling or medical care.
If your Order of Child Support is registered with the State Division of Child Support and at least three years have passed since it was entered, the State will assist you in getting child support modified administratively at no charge to you. However, this process takes much longer than doing it on your own.
With the new changes in the Washington State Child Support Schedule effective October 1, 2009, there has been an increase in the number of Petitions for Modification of Child Support. These statutory changes could significantly change the amount of
child support paid or received. If you think your child support could change, you should consult with an attorney to see what child support may be.
Filing for Modification of Child Support requires filling out the mandatory forms, including Summons, Petition for Modification, Child Support Worksheets, and financial verification (6 months wage stubs, 2 years tax returns, 6 months bank statements). You then serve copies on the other parent, and file them with the Court who will schedule a hearing. If the other parent is receiving welfare benefits, the County Prosecuting Attorney must be served as well.
In King County, a trial is scheduled in about 4 months after filing. It is a trial by affidavit, meaning that there is usually no oral testimony, it is all submitted in writing (declarations) in advance, with brief oral argument by the attorneys at the trial. Typically, both parties submit their declarations to the court and to each other 2 weeks before the trial date. Each party may then submit responding declarations 1 week before the trial.
Because the court accelerates the trail schedule in support only modifications, the court discourages temporary motions to adjust child support pending the trial. The court however has the ability to modify child support retroactive to the date of filing the action.
If both parties agree and the Order meets the State mandatory
Child Support Schedules, they can get the Order of Child Support approved by a judge without the need of a formal hearing.
The Renton law firm of Mogren, Glessner & Roti, represents clients in a variety of family law cases, including the child support modification. We have 4 attorneys for you to chose from. Please visit our web page at
Washington Divorce Attorneys for more information.