Child Support Lawyers in Tacoma, WA

Washington uses a standardized formula — the Washington State Child Support Schedule (RCW 26.19) — to calculate child support. This is not arbitrary. It is based on:

• Economic data on child-rearing costs
• Both parents' incomes combined
• Number of children
• Residential schedule (overnights with each parent)
• Childcare costs
• Health insurance premiums
• Extraordinary expenses

The schedule applies to all cases: divorce, paternity, modification, and administrative (DCS) proceedings.

Goals of the Schedule

• Predictability — Similar cases produce similar results
• Fairness — Both parents contribute proportionally based on income
• Adequacy — Children's needs are met
• Efficiency — Streamlined calculation reduces litigation

Online Calculator

Washington State provides a free online child support calculator. However, garbage in, garbage out — if you input wrong income figures, incorrect residential time, or miss deductions, the calculation is meaningless. Attorney review is essential.

• Gross and net income — wages, salary, self-employment income, bonuses, commissions, rental income, investment returns, and government benefits
• Residential schedule — the number of overnights each parent has directly affects the transfer payment
• Healthcare costs — premiums for the children's health insurance
• Daycare expenses — work-related childcare costs
• Other children — support obligations for children from other relationships

Child support is established when parents separate — during divorce, legal separation, or paternity proceedings.

Divorce Cases

Child support is part of the divorce decree. Calculated using WSCSS and entered as a child support order alongside the parenting plan.

Process:

• Both parents complete financial declarations (income, expenses, assets, debts)
• Submit supporting documents (pay stubs, tax returns)
• Attorney calculates support using WSCSS worksheet
• If parents agree: Agreed child support order submitted to court
• If disputed: Hearing or trial; judge calculates and orders support

Paternity Cases (RCW 26.26A)

When parents were never married, child support is established after paternity is confirmed.

Voluntary Paternity:

• Both parents sign Acknowledgment of Paternity (AOP) at hospital or later
• Once paternity established, court enters support order

Disputed Paternity:

• Genetic testing ordered (DNA test; 99.9%+ accuracy)
• If testing confirms paternity, support ordered
• Man can challenge paternity if fraud or mistake (limited time to challenge)

Administrative Support Orders (DCS)

Division of Child Support (DCS) is the state agency that establishes and enforces support when the custodial parent receives public assistance (TANF) or requests DCS services.

DCS process:

• DCS locates non-custodial parent
• Issues Notice and Finding of Financial Responsibility (administrative order)
• Parent has 20 days to request hearing
• Administrative Law Judge (ALJ) holds hearing
• Support order entered

DCS orders have the same force as court orders — enforceable through wage garnishment, license suspension, contempt. We represent parents in DCS administrative hearings (challenging income calculation, requesting deviations, proving special circumstances).

When a parent does not pay court-ordered child support, the custodial parent (and the state) have powerful enforcement tools.

Wage Garnishment (RCW 26.18)

Mandatory in Washington. All child support orders include wage assignment — the employer automatically withholds support from the paycheck and sends it to Washington State Support Registry (WSSR).

Amount withheld: Up to 50% of disposable income if supporting other children; up to 60% if not. Can be 65% if arrears exceed 12 weeks.

DCS Enforcement Actions

• License Suspension — Driver's license, professional licenses, business licenses, and recreational licenses suspended if arrears exceed $2,500 or 6 months
• Tax Refund Intercept — Federal and state tax refunds intercepted and applied to arrears
• Credit Bureau Reporting — Arrears reported to credit bureaus (damages credit score)
• Liens — Placed on real property, vehicles, bank accounts; property cannot be sold or refinanced until arrears paid
• Passport Denial — If arrears exceed $2,500, State Department denies passport application or renewal
• Lottery/Gambling Winnings Intercept — Winnings from lottery, casino, or tribal gaming intercepted
• Bank Account Levy — DCS can freeze bank accounts and seize funds to pay arrears
• Property Seizure — Personal property (vehicles, boats, electronics) seized and sold

Contempt of Court (RCW 26.09.160)

Custodial parent can file a Motion for Contempt when the other parent willfully fails to pay support.

Contempt requires proving:

• Valid court order existed
• Obligor knew about the order
• Obligor had ability to pay (income, assets, could have worked)
• Obligor willfully failed to pay (not accidental, not due to impossibility)

Penalties for contempt:

• Jail time (up to 12 months for civil contempt; indefinite until purge amount paid)
• Attorney fees (obligor must pay custodial parent's attorney fees)
• Fines
• Interest on arrears (12% per year)
• Payment plan (lump sum or increased payments to catch up)

Arrears (Past-Due Support)

Arrears = unpaid child support. Support continues accruing even if not paid. Interest accrues at 12% per year (compounding). Arrears never expire — they do not go away when the child turns 18. Arrears remain enforceable until paid in full.

Example:

• Obligor owes $500/month
• Fails to pay for 12 months = $6,000 arrears
• After 5 years with 12% interest: ~$10,600 owed
• After 10 years: ~$18,600 owed

Federal Enforcement

When a parent crosses state lines or arrears exceed $10,000, federal agencies get involved:

• Federal Parent Locator Service (FPLS) — Locates non-custodial parents using SSN, IRS, DMV, and other databases
• Federal Offset Program — Intercepts federal tax refunds, Social Security benefits, federal employee wages, military pay
• Full Faith and Credit — Child support orders from one state enforceable in all other states

If a parent is voluntarily unemployed or underemployed, the court can impute income — assign income based on earning capacity, not actual earnings.

When Income is Imputed (RCW 26.19.071(6))

Voluntary Unemployment:

• Quit job without good reason
• Fired for misconduct (drinking, insubordination)
• Chose not to work when capable

Voluntary Underemployment:

• Working part-time when capable of full-time
• Took lower-paying job when could earn more
• Refuses overtime that was previously regular
• Underreports self-employment income

How Courts Impute Income

Factors considered:

• Work history — What did parent earn in past? What field/occupation?
• Education & training — Degrees, certifications, licenses, skills
• Age & health — Physical ability to work
• Job market — Local employment opportunities
• Prevailing wage — What do similar workers earn in area?

Methods:

• Full-Time Minimum Wage (Baseline): If no work history or limited skills, court imputes 40 hours/week at Washington minimum wage ($16.28/hour as of 2024 = ~$2,831/month gross)
• Previous Earnings: If parent earned $60,000/year before quitting, court imputes $60,000/year
• Occupation-Specific Wage: If parent is a licensed nurse but working as barista, court imputes registered nurse wage
• Vocational Evaluation: Court may order vocational evaluator to assess earning capacity (cost: $2,000–$5,000)

Defenses Against Imputation

• Caring for child under age 12 months (infant care justifies staying home)
• Physical or mental incapacity (disability preventing work)
• Enrolled in full-time education/training (court may temporarily impute less)
• No jobs available (rural area, economic downturn — requires proof of diligent job search)
• Domestic violence victim (safety reasons prevent work)

The parent claiming good cause must prove it.

Unlike most states, Washington allows courts to order parents to contribute to post-secondary education (college, vocational school, trade school) even after the child turns 18 (RCW 26.19.090).

Requirements

Child must:

• Be enrolled in an approved post-secondary program (2-year, 4-year college, vocational/trade school, apprenticeship)
• Be making satisfactory progress (passing classes, maintaining GPA)
• Request support before age 23

Court considers:

• Child's needs (tuition, fees, books, room/board, transportation)
• Parents' financial resources (income, assets, ability to contribute)
• Child's financial resources (savings, scholarships, grants, work-study, loans, summer employment)
• Standard of living during marriage (would parents have paid for college if together?)
• Child's academic ability (realistic chance of success)
• Type of school (in-state public vs. out-of-state private — court may limit to in-state tuition)

What is Covered

• Tuition and mandatory fees
• Books and supplies
• Room and board (on-campus housing or off-campus if reasonable)
• Transportation (if attending school away from home)

NOT covered:

• Entertainment, partying, spring break trips
• Luxury housing
• Greek life dues (usually)
• Study abroad (unless court specifically orders)

How Contribution is Ordered

Proportional to income (like child support).

Example:

• Annual college costs: $25,000
• Parent A earns 60% of combined income → pays $15,000/year
• Parent B earns 40% → pays $10,000/year

Duration

College support continues through undergraduate degree or until the child turns 23, whichever comes first (unless the child takes time off or fails to make progress — court may suspend). If circumstances change, college support can be modified.

Life changes. Income increases or decreases, residential schedules change, children's needs evolve. When circumstances change substantially, child support can be modified.

Standard for Modification (RCW 26.09.170)

Support can be modified when:

• A substantial change in circumstances has occurred since the last order, AND
• The change creates at least a 25% difference in support amount (up or down)
• OR at least 12 months have passed since the last order and either parent requests adjustment based on changes in WSCSS

What Qualifies as Substantial Change

Income Changes:

• Job loss (involuntary termination, layoff, business closure)
• Income increase (promotion, raise, new job, bonuses becoming regular)
• Income decrease (salary reduction, reduced hours, lost overtime)
• Retirement, disability, self-employment changes, career change
• Military discharge or deployment (BAH changes, deployment pay ends)

Residential Schedule Changes:

• Significant increase or decrease in overnights (affects residential credit)
• Child moves to live primarily with other parent
• Schedule formalized (was informal, now court-ordered)

Child's Needs:

• Daycare ends or costs increase
• Health insurance changes
• Medical expenses increase (chronic condition, special needs, therapy)
• Extraordinary expenses (special education, private school, travel for custody)

Other:

• Parent has additional biological or adopted children
• Previous child support obligation ends (older child emancipates)
• Child starts receiving SSI or other benefits

What Does NOT Qualify for Modification

• Voluntary underemployment — Quitting job to avoid support, taking lower-paying job on purpose
• Temporary income changes — Short-term reduction, seasonal work
• Incarceration — Being in jail/prison does not automatically suspend support (some exceptions for long sentences)
• Remarriage alone — New spouse's income not counted (unless special circumstances)
• Preference for different lifestyle — Choosing to work part-time when capable of full-time
• Minor fluctuations — Income changes that do not create 25%+ difference

Modification Process

Court Modification:

• File Petition to Modify Child Support in Pierce County Superior Court
• Serve other parent (20 days to respond)
• Both parties complete updated financial declarations
• Discovery (if needed — pay stubs, tax returns, business records)
• Negotiation or hearing
• Court enters modified order
• Timeline: 2–6 months

DCS Administrative Modification:

• Request modification review from DCS
• DCS reviews both parents' income
• DCS issues proposed modified order
• Either parent can request hearing if they disagree
• ALJ holds hearing; enters modified order
• Timeline: 3–6 months

Retroactivity of Modifications

Modification is effective from date of filing petition (or date of DCS notice) — not from date circumstances changed.

Example:

• Lost job January 1
• Filed modification petition April 1
• Order entered July 1
• Modification effective April 1 (not January 1)
• You still owe full support for January–March

File immediately when circumstances change — every month you wait costs you money.

We represent obligor parents facing enforcement when the situation is not as simple as "just pay."

You Cannot Pay (Inability to Pay)

• Lost job involuntarily
• Disabled and cannot work
• Incarcerated (limited ability to earn)
• Income drastically reduced through no fault

Strategy: File modification petition immediately; seek temporary reduction; prove inability to pay at contempt hearing.

Overpayment / Payment Disputes

• You paid but payments were not credited
• Direct payments not recognized (always pay through WSSR)
• Accounting errors

Strategy: Obtain payment history from WSSR; subpoena records; prove payments made.

Order Was Modified

• Support was reduced but DCS/other parent seeks arrears based on old amount
• Retroactive modification not recognized

Strategy: Provide proof of modification order; demand corrected accounting.

Courts can deviate up or down from the standard child support calculation if specific circumstances justify it (RCW 26.19.075).

Grounds for Deviation

• Income of New Spouse (Limited) — Generally not counted. However, if new spouse covers household expenses, freeing obligor's income, court may deviate upward slightly.
• Extraordinary Debt (Not Voluntarily Incurred) — Medical debt from catastrophic illness, debt from caring for disabled family member, court-ordered restitution. NOT grounds: credit card debt, car loans, student loans.
• Extraordinary High Income — If combined income far exceeds Economic Table, support may be higher (children should benefit from high earner's standard of living).
• Child Has Special Needs — Disabled child requiring additional care, therapy, equipment — support may be increased.
• Significantly Higher Residential Time — If non-custodial parent has child 50%+ time, deviation may reduce support further.
• Children from Other Relationships — If deduction for other children does not adequately account for obligor's burden, slight downward deviation.
• Nonrecurring Income — One-time windfalls (inheritance, lawsuit settlement) may justify deviation.
• Tax Planning — Dependency exemptions, head of household filing status, and child tax credits can be allocated — deviation may adjust support to reflect tax benefits.
• Other Reasons (Rare) — Any factor making standard calculation unjust must be articulated with findings.

Burden of Proof

The party requesting deviation must prove the standard calculation would be unjust or inappropriate, the specific reason justifies deviation, and the deviation is in the child's best interests. Deviations are rare — courts follow WSCSS unless there is a compelling reason.

Child support ends when the child is emancipated.

Automatic Emancipation (RCW 26.19.065)

• Age 18 AND graduated from high school, or
• Age 19 (whichever comes first)

Examples:

• Child turns 18 in March of senior year → support continues through June graduation
• Child turns 18 in June after graduation → support ends
• Child turns 19 before graduating → support ends at 19 (even if still in school)

Early Emancipation (Before 18)

Support may end early if the child:

• Marries
• Joins military (active duty)
• Is legally emancipated by court order (rare)
• Passes away

Extended Support (Beyond 18/19)

• Child is disabled and unable to support themselves (support continues indefinitely)
• Post-secondary education support ordered (through age 23 or degree completion)

Terminating Support

Support does not automatically end — the obligor must file a motion to terminate.

• File Motion to Terminate Child Support when child turns 18/graduates or turns 19
• Serve other parent
• Submit proposed order terminating support
• If no objection, court enters order; if objection, hearing scheduled

If Multiple Children

Support is recalculated (not simply divided by number of children remaining — Economic Table adjusts).

Example:

• 3 children; support was $2,000/month
• Oldest emancipates
• Support recalculated for 2 children (based on same income, but 2-child table amount)
• New support: ~$1,500/month (not $1,333)

Arrears survive emancipation. Unpaid child support does not go away when the child turns 18. Arrears remain collectible until paid in full (plus 12% annual interest).