Legal Question in Family Law in Washington

At what age is a person considered to be an adult?

I was divorced in 1986 in Texas. My ex and children moved to WA State soon after. In 1996 she filed for more child support in WA. She was granted an increase due to the fact that if we went to court the amount would be significatly higher. Which state would have jurisdiction? Now my oldest daughter is 18, graduated highschool and living at home and going to community college. I stopped the allotment in July. My ex-wife sent me a fax 15 Sept stating that I was ordered to pay for Aug and Sep and to continue until graduation. (No date was given). I was not notified of this legal action. She said she didn't have to notify me. I am being ordered to continue child support, until she graduates college. When is a person considered to be an adult under WA. law. I am in the USAF, so if this is legal they can garnish my pay at any time. Any help will be appreciated. P


Asked on 9/22/99, 2:18 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: At what age is a person considered to be an adult?

Wrong question.

Right question: What does the most recent child support order say?

Furthermore, were you served with notice of the last time she went to court?

See, RCW 26.09.175, Modification of order of child support, at http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2009%20%20CHAPTER/RCW%20%2026%20.%2009%20.175.htm.

You may have a basis for attacking the order.

Goofy as it is, WA law says that a parent of divorced (and, I presume, never-married-but-living-apart) parents has the right to post-secondary support under limited circumstances when the child is in college. However, the custodial parent must apply prior to the child's 18th birthday, though most orders reserve the issue.

The statute to look at is Chapter 26.19 RCW generally at http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2019%20%20CHAPTER/RCW%20%2026%20.%2019%20%20chapter.htm.

Specifically, you want to look at RCW 26.19.090, Standards for postsecondary educational support awards, at http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2019%20%20CHAPTER/RCW%20%2026%20.%2019%20.090.htm.

Give me a ring.

Gary Preble

Olympia

360-943-6960

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Answered on 9/24/99, 12:44 am


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