Child Support ~ When Does it Need to be Changed?

Child Support – When Does it Need to be Changed?

               Washington law allows for the modification of child support every two year, and, given special circumstances, more often.  The reality for most people is one or two modifications over a period of many years.  I often hear parents say that it just seemed like too much hassle to go through the modification process - especially if the first time was traumatic.  It’s not uncommon to see child support orders that are 10 or more years old.

               The first thing that you need to know is that, in most cases, if you wait you are not able to go back in time when the order is adjusted.  I recently met with a parent that had been underpaid on support for 8 years to the tune of over $500 a month.  The child missed out on $48,000 in support that could not be recaptured.  This kind of delay can cut both directions.  I have seen many cases where the parent paying support lost his or her job or had a dramatic reduction in pay, but kept on paying the higher support amount.  The result is often serious damage to that parent’s standard of living, and a downward spiral of debt.  Again, when the case is finally taken in for modification, the court will almost never make the modification retroactive.

               It just makes sense to include in your Order of Child Support language that provides for the exchange of financial information every year or two.  After parents have been separated for a while, it can be very difficult to estimate the other parent’s income.  By exchanging financial information, it makes it much easier to make a decision on whether to seek a modification.  If your Order does not include this language, parents are often willing to voluntarily exchange this information.  Voluntary cooperation can often avoid legal action and the cost of hiring an attorney.

               If you haven’t looked at your child support order in some time, it might be a good idea to have the Order reviewed.  The amount of support paid should be fair to all parties, and a periodic review can ensure that the amount of support is consistent with Washington State law.