SPARC Forums

I have been trying to sort through and understand the laws regarding child support in Washington.

From what I was reading (I may be way off base on this), only under special circumstances does the time spent with the children affect the amount of support paid. And that the support amount is soley based on the financial circumstances of each parent.

I.E.  it doesn't matter if the non-custodial parent has the kids for 5% of the time or 45% of the time, he will still pay the same amount.

Is this true?

Deviation Standards for Washington State: RCW 26.19.075
1.Standards for deviation from the standard calculation. (d)
Residential schedule: The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving temporary assistance for needy families. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.

The basic child support obligation, derived from the economic table, is allocated between the parents based on the parent's share of the combined monthly net income.  Which means that the closer in income the parents are the better chance of getting the deviation for the time share.

Hope that helped

TM

I have seen a deviation for a 30% time share and a denial of a deviation for a 42% time share. It depends on whether your judge or commissioner had their bran or not.

We inundated the Court commissioner with spreadsheets (PTT) which specifically showed time share and mileage we had to drive, costs because BM NEVER sent clothing and we got a downward modification a few years ago. (BM now has to pick up SS on the return and she must send clothing every time.) BM spent more $$ getting it than she will recoup before SS turns 18.

It is NOT true that a deviation cannot be had, but you need to show MORE than just the considerable time they spend with you.

Also, if the CP is just showing you their finanacial declaration, you need to see their Income tax forms, as in WA they count your refund as income... as if it was never taken out in taxes. (BM got hammered cuz she got EIC the year before and not only paid nothing in taxes, but got more $$ to boot.)

GOT RECEIPTS?

With the case currently in CA, where it parenting time is part of the calculation, it seemed a little odd.