If my ex-wife requests a change to the custody split, does that warrant a change in child support payments.
Seattle, WA
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Posted 3 months ago in Child Support
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Our parenting plan, alimony and child support have all been in place for 2 years and my ex-wife has requested that I take the kids for an additional day per week (so it would now be a 50/50 split). Does that warrent a change in my child support payments since I will be having the kids more than our initial agreement?
Answers (1)Virginia Monica Paula Onu
This attorney is licensed in Washington and 1 other state.
Posted 3 months ago.
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Child support amounts are determined based on the Washington State Child Support Guidelines, which determine a standard amount of child support, taking into account certain factors (such as health insurance payments).
There child support statutes do identify reasons to deviate from the standard amount, and one of those reasons is if the child spends a significant amount of time with the parent who makes the support payment. It is important to note that the court will not allow a deviation if the lowered support payment would lead to insufficient funds in the household that is getting the support to meet the basic needs of the child or if the child is on TANF. When determining how much to deviate the court should look at your increased expenses and mother's decreased expenses. I would recommend that you retain an attorney to negotiate on your behalf. Once agreement is reached you are going to want to obtain a modified parenting plan and child support order. You do not want to pay a lower amount of support and then later be sued for the difference. Future child support payments belong to the child not the parent, and courts have ruled the parent does not have the authority to change the amount of future support payments. You need to have a court order to prevent future problems. Good Luck, Virginia Onu
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