Legal Question in Family Law in Washington

Re: Custodial Parent Does not work and lives with Parents

WA child support is based upon the combined incomes of both parties, divided proportionally. The parent who does not have primary residential placement pays child support to the parent who has primary residential placement.

So, if one party claims they "cannot work" there are two options. One is to make her prove it, and if she cannot then the court is going to impute income to her based on her age and gender according to a federal table of what women her age generally earn. This tends to be a high estimate of a person's earning capacity.

The other way is to make a presumption that she is earning minimum wage and calculate child support based on that value. Chances are the total transfer payment will be less if you do it that way, though his proportional share will be higher.

The problem with that from the NCP's standpoint is that the higher the combined total the more support the NCP will be paying to the CP. The analogy is, "A rising tide floats all boats".

The advantage is that it lowers the proportion of the NCP's obligation.

Best practice is to require in the order of child support that each parent provide the other with a copy of their tax returns by May 1 of each year. That way each can do an informed risk:benefit analysis regarding the amount of the support payment every year.

For better or worse, WA's schedule for transfer payments is amoung the lowest in the nation. So, from the NCP's standpoint, he may well want WA to enter the order, as it could be higher elsewhere.

The Court will not have a lot of patience with her refusal to facilitate visits. The court can order her to contribute to the costs of the visits.

Hope this helps. Elizabeth Powell

Re: Custodial Parent Does not work and lives with Parents

These issues are difficult to answer via email. We can absolutely help you determine some remedies. I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail.

We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Tasha or my paralegal Jennifer to schedule a free 1/2 hour telephonic consultation.

/s/ Rich J. Peters, Attorney

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