Legal Question in Family Law in Washington
modification
Hi there-
My ex husband and I are going through a modification of parenting plan and child support. Our modification has not been reviewec since 1999. He has since remarried, has one more biological son and took on financially caring for his wife's kids. His wife's kids also are supported through an SSI since their father passed away.
It is my understanding that the courts allow you a deviation for your biological children. The ones on whom you are legally obligated to support. Would I be correct in this assumption, or is it possible for my ex to get a deviation in his responsibillity to our daughter by claiming his new wife and her three children and their new baby?
1 Answer from Attorneys
Re: modification
There is a principle in family law support calculations called the whole family formula, which gets applied when the obligor has a new family to support as well as the children of his previous relationship. There would be an offset because the other children are also receiving SSI. But the short answer is the court will consider that he has a new biological child to support as well.
BE SURE your attorney knows about the SSI income, as that can be substantial. Hope this helps. Elizabeth Powell
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