Home > Research Legal Advice > Child Support > When paying child support, does the judge look at other financial respon...
Asked about 1 year ago - Renton, WA
FlagRecently, my child support amount was modified. The judge raised it to almost $700 for one child. They have my income a little over $800 more than what I actually make, and I have another child and a mortgage to pay. I wasn't notified about the change until after it happend. Can I contest it due to these situations?
If you did not receive proper notice of the proceedings then you can contest the new order. You will be able to present documentation of your earnings, but you should know that the court does have authority to impute income to you in certain circumstances. Also, having another child to support can be a factor in the court granting a deviation from the presumptive amount calculated according to the Washington support schedule. Your debts are not a factor unless they qualify as "extraordinary debt not voluntarily incurred." You need to talk to a lawyer as soon as possible.
Although judges have great discretion in their rulings, in general child support is governed by RCW 26.19 (http://apps.leg.wa.gov/RCW/default.aspx?cite=26.19). You can also read relevant cases on the MRSC website.
Yes, the judge should look at other financial responsibilities if the law is being applied correctly. For a further detailed explanation please read Fathers’ Rights (Basic Books) and visit www.dadsrights.com.
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