Legal Question in Family Law in Washington
child support
Several years ago, our support order required me to pay 68% of extra expenses. We are getting braces for my son and it's expensive. I know the support obligation does not directly take into account wages of her new spouse but there is also the issue of need. Since she is married, has no other children (and I do) and her housing payment is about 1/3 of mine (4500 vs 1500) and their combined incomes are approximately the same as mine, would I have a good chance of getting a need variance and her paying closer to 50 percent of the bill?
1 Answer from Attorneys
Re: child support
Well it isn't a need variance, the issue is whether you need to modify the child support order.
I can't tell from what you provided whether you have a basis or not. There are two bases:
1. If it has been more than two years since the order was adjusted or modified;
2. If there has been a substantial change of circumstances.
You can't rely on her new spouses' wages directly but it does bear on her need and your ability to pay, and whether that percentage has changed or not.
Just so you know, this can be done by agreement or arbitration. In King County, it is a fairly straightforward action.
But I'd need to see the specifics to advise you whether you should leave it alone or move to modify it.
Elizabeth Powell
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