Can Child Custody Or Child Support Orders Be Changed In Washington?

To modify a parenting plan, you have to show the court that there has been a substantial change in circumstances. That’s the standard of proof. You have to show the court that there’s adequate cause for that modification. That’s a really hard burden to meet to modify the parenting plan.

Child support can be modified every two years just because of the natural change in people’s income.

If there is a minor life change between those two years, you can request an adjustment and that can be simply like my income has changed. Common examples for requesting a change could be losing your job, making less/more money, having a new family, or relocating. It’s important to note that even if your income changes by $10,000 to $20,000 a year, it only changes the child support very little.

What Is The Process To Petition For A Modification In Washington State?

After filing your petition and serving the other party, you have to file a motion for adequate cause. The adequate cause is something that you have to prove to the court. The court is going to look at if there is an agreement and if there were restrictions on either party the last time they entered a parenting plan. You will have to make a case asserting that this existing parenting plan is not in the best interest of the child.

Procedurally, you file the documents, you get the other party served, the case schedule is issued, and you follow the case schedule. You have to go through mediation, then you have to prepare for trial and then you go to trial in itself.

Do I Have To Pay Alimony In Washington State? How Much Do I Have To Pay?

In Washington, alimony is called spousal maintenance and spousal maintenance is not automatic, they must be requested. There are a series of eleven factors that the court looks at to determine whether there should be spousal maintenance.

Some of those factors are:

• How long were you married for
• during the marriage, who worked, who didn’t work
• Does one party have to go back to school
• Does one party have to learn a new skill
• Is there a huge disparity between the incomes

So, those are the factors the court looks at to determine whether there should be spousal maintenance or not. The amount is determined based on the needs of one party and the ability of the other party to pay.

For our clients, we work under the assumption that for every four years of marriage, you get one year of spousal maintenance. But this is not guaranteed, it depends on the above factors.

But a majority of the time, I see spousal maintenance awarded generally in long-term marriages where one party is the breadwinner and the other parent will require their assistance. But you are getting divorced so you shouldn’t be required to pay for your former spouse for an indeterminate amount of time.

For more information on Family Law Cases In The State Of Washington, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 276-7390 today.