Legal Question in Family Law in Washington
Washington State Whole Family Formula Deviation question involving my ex�s live-in girlfriend with three children. The live-in girlfriend is living with parent 2 (on the worksheet) and is receiving child support for her three children. Should these three children be counted in the Number of ALL Children Parent 2 Is Legally Responsible For? (Line 2 on the form)
1 Answer from Attorneys
Generally speaking, no. If the girlfriend of your ex has children from her she receives child support, it is double dipping for your ex to claim that they're also responsible for those children. However, in situations where they legally become your ex's stepchildren, there is something known as a step parental duty of support, which only gets triggered in limited circumstances, such as a dissolution of marriage where people with stepchildren may have to pay temporary support for the stepchildren. However, since your situation does not pose that scenario, it does not apply, and in any case, for purposes of determining what child support should be for your children, I do not believe your ex can claim the other children to receive a downward deviation.