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Author Topic: WA State Residential Credit?  (Read 9232 times)

JBWill

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WA State Residential Credit?
« on: Apr 12, 2011, 06:06:26 PM »
Ex wife is seeking a child support modification - motion is not yet filed.  My monthly net income is approximately $7,300 - her monthly net (imputed) is $2,700.  In the 5 years following divorce, my ex wife has not been employed - I have no explanation for this behavior.  Our parenting plan is for a joint custody arrangement, my son is with my ex 4 nights, and he is with me 3 nights.

There have never been any issues with maintenance or support payments.  I have also paid 100% of medical expenses notwithstanding an Order of Child Support which specifies that these are to be shared equally.  I also pay 100% of his sports expenses (coaching, travel, equipment, and so forth).  I also pay his school tuition.

The WA Child Support laws just don't have a formula for residential credit.  Can anyone comment from experience on what is likely to happen here?


ocean

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Re: WA State Residential Credit?
« Reply #1 on: Apr 12, 2011, 06:42:48 PM »
How long ago was last order?
What is her reason for modification?

Many states do not have the child support formula ready for shared custody and it is up to a judge.
If she is going for more, then demand to go by the current order and she needs to pay half of those expenses. If the threat that child support might go up BUT she has to pay for half of school ...that may quickly change her mind.

Is there a reason she needs more money now? You can offer to take child more if she can not afford child ....

JBWill

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Re: WA State Residential Credit?
« Reply #2 on: Apr 12, 2011, 07:15:52 PM »
Current order is over two years old.  Her reason for requesting the change is that my income has increased.  The reason that she needs the adjustment is that she does not have steady employment and cannot pay her bills.  Maintenance ended nearly two years back, so she is running out of funds.

It is a sad situation really, and what's strange is that I would be willing to help.  I suppose that I already do help by paying the medical, tuition, and so forth...  It's just that I am fearful that the court won't give the residential credit since our incomes are so very different.  It would feel like a theft were taking place each month.

I have been unable to get a straight answer as to what the court would do - two attorneys that I have met have been ambiguous.  It just seems like the court is in a tough spot - do they have sympathy for someone who cannot find work?  And what about the fact that she spent four years on maintenance without even attempting to work or attend school, do they consider that in this case?  It would be a disincentive to good fathers if the court did not offer a residential credit.

If anyone has information or actual experience with WA State child support, it would be great to hear your thoughts.  At a minimum, I'll post the outcome once this is resolved so that you will all have that point of reference.

ocean

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Re: WA State Residential Credit?
« Reply #3 on: Apr 12, 2011, 08:00:53 PM »
I am in NY and from the years of reading on here, family court is a circus in most areas. It really depends on the judges mood that day.
Keep receipts of everything you pay already. Prove that you pay for the 3 nights a week, child support, and 100% of extras. Have receipts for sports equipment etc...

Try to make a ONE page accounting of child's expenses and what percentage you are paying. If it looks like they will award higher child support ask the court, to put a percentage for activities and schooling (even if it is 80 you 20% her..). Also put the number of nights you have child per year (remember vacations/holidays too...).

If you get along with her, try to tell her that if she puts papers in, then you will counter with her paying at least part of the other expenses.

She also needs a change of circumstances to ask for a child support change. It may not even get through if she says...well he makes more and I need it. Usually between 3-5 years most states give a living increase but she is not there yet. 

If she goes in there and says she can not pay her bills you could really ask for a custody switch giving you more time if she can not afford it.

Giggles

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Re: WA State Residential Credit?
« Reply #4 on: Apr 12, 2011, 08:01:05 PM »
My DH had to deal with WA CS....basically he was told to bend over and pray that he had some vaseline....THANKFULLY...SS is now 18 and we are able to send him $ directly.

I found a very indepth CS calculator... https://fortress.wa.gov/dshs/csips/ssgen/

These are the guidlines that would allow a modification...

The amount of change must be:

At least $100 and at least a 25% change up or down, or

An increase in current support of less than $100 would
allow your family to stop receiving public assistance. [/list]
  • It's been three years since the order was entered or last reviewed by DCS for modification,

or
  • There has been a significant change of circumstances since the order was last modified.
Some examples that may be a significant change in circumstances include:
  • You are now in Jail.
  • You have become permanently disabled or now receive public assistance.
  • You have new children you must support.
  • You have lost your job and are unable to find employment at the same wage. (I don't think this would apply since she didn't have a job to begin with...all she lost was her "maintenance")
Now I'm living....Just another day in Paradise!!


Lindma

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Re: WA State Residential Credit?
« Reply #5 on: Apr 19, 2011, 09:29:56 AM »
I live in WA state.
 
If your ex is claiming that you make more to receive more support, good on her. Where's her proof?
The judge will want to see your last two years tax returns. They will then take an average of those two years (this is what they did in our case) and use that to determine child support.
 
It sounds as though your ex is lazy to say the least, and she needs to start contributing.

4honor

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Re: WA State Residential Credit?
« Reply #6 on: Apr 19, 2011, 08:33:29 PM »
also, if it has not been 5 years, she cannot get a modification unles she meets threshold for a "significant change of circumstances that affects the child or the non-moving party".
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

 

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