Are you wondering whether you can modify a court-ordered child support arrangement in Spokane, Washington? Call us at (509) 326-4162 to learn how our team at Gallagher Law can help. An experienced Spokane child support modification lawyer can help you fight to obtain the best possible outcome in your case.
Obtaining a judgment modification in family court can be difficult. You’ll want the best possible legal team in your corner. Between us, our attorneys have over 28 years of experience handling complex family law matters. We’re prepared to put our skills to work for your family.
Why Should I Call Gallagher Law for Help Obtaining a Modification of a Child Support Order in Spokane?
As a parent, your child support obligations depend heavily on your financial position. When things change, an existing child support order can become problematic. At Gallagher Law, we take the time to understand your goals so that we can help you work toward the best possible outcome.
A request for modification, however, can generate significant feelings. While a judge or DCS must approve any child support modifications, you generally have two options in Spokane, WA:
- Work with your child’s other parent to get them on board with the change
- Deal with a contentious dispute before a judge
An experienced Spokane family law attorney can facilitate mediation with your child’s other parent and fight for you in court. Contact us today to get started.
Child Support in Washington State: An Overview
All parents have a legal duty to provide financial support for their children. That obligation continues after a divorce–and regardless of any child custody arrangements. A parent owes obligations even if the two parents have never married.
Child support obligations in Washington are generally determined in accordance with guidelines established by the state. Your child support obligations can be established by a family court order or by the Washington State Division of Child Support (DCS). Both types of orders are valid and legally binding.
What Does Child Support Typically Cover?
Child support is meant to ensure that your child’s basic needs are met, covering expenses like:
- Food
- Clothing
- Housing and utilities
- Daycare
- Medical care
- Health insurance
- Education
Family law judges typically order the noncustodial parent to pay child support. The parent with primary physical custody ordinarily satisfies their child support duties by having the child live with them.
What Is a Post-Judgment Child Support Modification in Spokane?
Courts in Washington take child support obligations seriously. However, the law does recognize that things can change over time. An original child support order may no longer be accurate in reflecting the amount that a parent should be required to pay.
That said, when life changes, your child support order won’t change automatically. You’ll have to take legal action to request a modification in Washington.
Two basic options exist when it comes to requesting a child support modification:
- File a motion to adjust child support
- File a petition to modify child support with the court (essentially, opening a new case)
The option that works best for you will depend on your circumstances and the modifications you’re seeking. Working with an experienced Spokane child support attorney is the best way to ensure you satisfy all procedural requirements.
Filing a Motion To Adjust Child Support in Spokane
You can file a motion to adjust a child support order in Spokane if:
- Your existing child support is at least two years old, and a parent’s income has changed, or
- The existing child support order says you can file a motion to adjust before two years have passed
Filing a motion to adjust is generally faster than filing a petition to modify. However, with a motion, you can only request changes to the amount of child support that’s currently required.
If you have additional requests–such as requesting changes to required payments for daycare or education–you’ll have to file a petition.
Filing a Petition To Modify Child Support in Spokane
You can file a petition to modify child support in Spokane if any of the following are true:
- A substantial change in circumstances for a parent or child has occurred.
- The existing child support order is at least one year old, and the existing order creates a real hardship for either parent or child.
- You were not given notice before the existing child support order was entered.
- Your child is still in high school, your child requires support beyond age 18 to allow them to finish high school, and the existing order is at least one year old.
- You meet the requirements to file a motion to adjust child support.
Requests to modify child support often stir up many emotions between the two parents. Regardless of the type of request you’re making, hiring an experienced attorney is critical to protecting your interests.
Whether you’re seeking a modification or your child’s other parent has made a request, our attorneys at Gallagher Law are here to advocate on your behalf.
What Do I Have To Prove To Obtain a Modification of a Final Child Support Order in Spokane?
Either parent can petition to modify a final child support court order. Most requests are based on changing circumstances. When the judge or DCS is determining whether to grant the request, they’ll evaluate whether a significant change in circumstances has occurred.
The relevant change in circumstances can be a change that impacts either parent or the child.
Examples of changes that can be significant enough to convince the judge to modify the existing order include:
- Either parent’s income has changed
- The paying parent has lost their job
- An injury or illness prevents a parent from working
- The child’s needs have changed, including a change in daycare costs, increased insurance costs, or unexpected medical expenses
- The parents’ physical custody arrangement has changed
- Either parent has had another child
- Changes in the child’s age
- The child is in high school and about to turn 18, but continues to require support
- The paying parent has been incarcerated and has no assets
It’s important to realize that not all changes will justify a child support modification. For example, if the paying parent voluntarily quits their job, it’s unlikely that the judge will reduce their existing child support obligations. If the recipient parent receives a raise, it’s also unlikely that the modification will be approved.
In general terms, when talking about whether a significant change in circumstances has occurred, courts consider things that are unexpected and that the parents have no control over.
What Types of Evidence Will I Need To Obtain a Modification of a Child Support Order in Washington State?
Judges don’t automatically grant a parent’s request to modify child support obligations. To obtain the requested modification, you’ll need evidence to support your request. The required evidence will depend on your unique situation.
Examples of the types of evidence that may be relevant include:
- Pay stubs, tax records, bank statements, and other types of financial documentation
- Bills and other statements that can be used to prove an increase or decrease in expenses
- Statements from family, friends, a child’s teachers, and other relevant parties
- Expert witness testimony in the most complex and contested cases
Judges will consider all relevant evidence when evaluating your request. An experienced attorney can help you compile the strong evidence that you’ll need to prove your case.
When you hire Gallagher Law, you won’t have to worry about locating the evidence you’ll need to prove your case. We’ll handle the heavy lifting on your behalf. Contact us today to request a confidential consultation to learn about your legal rights and options.
Where Do I File My Request for a Child Support Modification?
You have options when it comes to filing your request. You can file the request in any of the following counties:
- The county where the original child support order was entered
- The county where the child resides
- The county where the parent with physical custody resides
You can file wherever is most convenient for you. However, the child’s other parent has the option of requesting the case be moved to any of the three counties listed above.
Contact an Experienced Spokane Child Support Modification Lawyer for a Confidential Consultation Today
Whether you want to request a child support modification or fight to prevent one in Spokane, Washington, our team at Gallagher Law is here to fight for you. Contact us today to learn how an experienced Spokane child support modification lawyer can protect your legal rights and interests.