Changing family dynamics affect Washington child support obligations
Child support determinations are based on the couple's net monthly income and a child support schedule that ensures a child's basic needs are met based on the parties' standard of living.
June 27, 2013
More mothers than ever are working outside the home. The U.S. Bureau of Labor Statistics reports that approximately 70 percent of mothers participate in the workforce. Increasingly more marriages involve women earning more than their husbands as the primary breadwinners for their families.Changes in traditional gender roles also affect child custody and child support determinations in divorce cases, with joint custody or equal residential time share for the children becoming more and more common.
How is child support determined in Washington?
By statute, child support determinations in Washinton state are gender neutral and based on a calculation taking into consideration each parent's net monthly income. (see child support economic table) Federal and state taxes along with mandatory pension plan payments, mandatory union or professional dues, court-ordered maintenance actually paid and several other possible items are subtracted to determine each party's "monthly net income."
In cases where a court finds that a person is voluntarily unemployed or undermployed, additional income can be "imputed" to that person from upon which child support will be calculated. Further, a court may look beyond each parent's own income sources and may consider the "household income" which can include the income of other income producing adults staying in the home, child support received for children of other relationships, and gifts.
The child support calculation and Washington State Support Guidelines are intended to arrive at a proper support payment, which ensures that the child's basic needs continue to be met following separation.
For example, a basic child support obligation for a couple with a combined monthly net income of $5,200 and two children under the age of 11 is $593 per child. Apportionment of support is generally relates related to the "pro rata" share of the combined monthly net income. Further, the share of residential time ("overnight residential credit") may also affect a court's final apportionment of the child support. In many cases, where each parent earns approximately the same income and where there is an equal residential time share, there may be no or a very minimal child support obligation.
When to consult a family law attorney
A Washington family law attorney can provide more information after reviewing your individual circumstances. Negotiations and settlement prior to trial may provide a better outcome. An experienced attorney can review possible settlement agreements to ensure you receive a fair settlement and discuss possible risks and benefits of taking a case to trial if settlement talks break down.
Article provided by Spencer & Sundstrom PLLC
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