Child Support, Parenting Plans

Washington Appeals Court Vacates Supplemental Findings and Reverses and Remands Property Division in Divorce

August 25, 2025 | by Blair & Kim, PLLC

Property divisions and child custody in a Washington divorce can be contentious. In a recent case, the former husband requested supplemental findings after the wife appealed the property division and residential schedule. The appeals court vacated the supplemental findings and determined the trial court had erred by awarding property that, based on the evidence, did not belong to either party.

According to the appeals court, the parties had an arranged marriage in Cambodia in 2004 and subsequently got married in Washington. They had three children together. The wife filed for divorce in 2021.

The court adopted the husband’s proposed property division. It found the parties had a house in Washington valued at $720,000 with a $224,928 mortgage. The court ordered the house be sold to pay any outstanding community debt, with the parties equally sharing any additional proceeds. The court also found the parties had a house in Cambodia, which it awarded to the wife, valued at $115,000.

Washington Appeals Court Affirms Denial of Post-Secondary Educational Support

August 20, 2023 | by Blair & Kim, PLLC

Washington postsecondary educational support may be ordered when a child is dependent and relies upon the parents for reasonable necessities. The court has discretion in ordering postsecondary educational support. RCW 26.19.090 provides a non-exclusive list of factors to be considered.

A mother recently challenged a court’s denial of her motion for postsecondary educational support for her son after the court had awarded such support for her daughter a few years earlier.

According to the unpublished opinion of the appeals court, the initial child support order entered in 2012 was amended in June 2020 to adjust the support for the son and order the father to pay 58% of the daughter’s postsecondary educational expenses. At that time, $9,454.69 in monthly net income was imputed to the father.

Washington Appeals Court Upholds Deviation from Standard Child Support Calculation

May 23, 2023 | by Blair & Kim, PLLC

Washington child support is determined based on the Washington State Child Support Schedule. A trial court may deviate from the standard child support calculation when it would be inequitable not to do so. The trial court must specify its reasons for deviation or for denying a request for deviation in its findings of fact. RCW 26.19.075 sets forth a non-exclusive list of reasons for deviation. A husband recently challenged a child support deviation, arguing the trial court should instead have characterized that amount as spousal maintenance.

According to the appeals court’s opinion, the parties had three children together during their fourteen-year marriage. The trial court found the wife was voluntarily underemployed and imputed a monthly net income of $2,048 to her, but she actually earned about $800 from her part-time job. The husband had a net monthly income of $7,374.

The trial court determined the wife needed $3017.27 per month for her basic needs and expenses. The court determined she would receive that amount in combined spousal and child support. Pursuant to the child support guidelines, the husband’s adjusted child support would be $1,566. The trial court acknowledged that spousal maintenance would change the income of the parties for determining child support. To get to the intended total, the trial court adjusted the child support amount and ordered the husband to pay $2,017.27 in monthly child support and $1,000 in monthly spousal maintenance for a year. The court indicated child support would be recalculated based on the parties’ income without spousal support after the spousal support ended in a year.

Washington Father to Pay Standard Child Support Despite Providing Child Care

March 16, 2023 | by Blair & Kim, PLLC

When a court enters a Washington child support order, it begins by determining the standard calculation according to RCW 26.19.020. The standard calculation is the presumptive amount owed. The court then allocates the child support between the parent’s based on their respective share of the combined monthly net income. The trial court may deviate from the standard calculation based on various factors, including income, expenses and debt, and the residential schedule. In a recent case, a father challenged a court order, arguing the trial court abused its discretion in denying his request for deviation.

The mother had been a stay-at-home mother during the marriage but got a job after the separation. The father’s gross monthly income was about $9,353.37 and the mother’s was about $3,120.

The mother petitioned for divorce. The parties subsequently signed a CR 2A agreement including a parenting plan that gave the parents equal residential time. The father would be responsible for childcare while the mother was at work during her residential time. Remaining issues would be decided by trial by affidavit.

Washington Court Holds Mother in Contempt for Violating Parenting Plan

July 16, 2021 | by Blair & Kim, PLLC

A parent may be held in contempt if they fail to comply with a Washington parenting plan. A parent may move for contempt if the other parent prevents visitation, does not return the child from visitation, or fails to engage in joint decision-making.

In a recent case, a mother appealed a contempt order after a commissioner found she had failed to notify the father of dental and medical appointments. A parenting plan was entered when the parents divorced in 2014. Pursuant to the parenting plan, the children would live with their mother in another state and come to Washington to visit their father for winter and summer vacations. Each parent was allowed to make day-to-day decisions and emergency healthcare decisions while the children were with them, but nonemergency health care decisions were to be made through joint decision-making.

The father alleged the mother had taken the children to the dentist without notifying him. The mother said she probably had notified him, but that she could have forgotten to do so. The father wanted to engage in joint decision-making and participate in the appointments remotely.

Washington Court May Consider Post-Secondary Educational Support of Another Child

June 30, 2021 | by Blair & Kim, PLLC

A court may order support for postsecondary educational expenses in a Washington child support order. The court has discretion in determining if and for how long to order support. The court must base its determination on the consideration of certain factors, including the child’s age, the child’s needs, the parties’ expectations while they were together, the child’s abilities, what type of education the child is pursuing, and the parent’s education, standard of living and resources. The court should also consider how much support the parents’ would have provided if they stayed together. The court is not, however, limited to the stated factors. RCW 26.19.090.

A father recently challenged a court’s denial of his request for postsecondary educational expenses for his younger daughter. According to the appeals court’s unpublished opinion, the parties divorced in 2005. They have two children together, 21 and 19 years old. The child support order reserved the right to petition for postsecondary support as long as it was done before termination of support. Postsecondary educational support was not ordered for the older child, but the father petitioned for postsecondary educational support for the younger child before she graduated high school. The mother did not join in the petition, arguing she was providing postsecondary educational support for the older child without help from the father.

The commissioner denied the father’s petition, finding the mother had contributed most of the support while the daughters were children and continued to support the older daughter while she was in college. The father moved for revision.

Washington Child Support Modification

April 19, 2021 | by Blair & Kim, PLLC

A Washington child support order may be modified in certain circumstances. A court may order modification of child support if there has been a substantial change of circumstances since the current order was entered. A court may also order a modification at least one year after the current order was entered without a finding of a substantial change in circumstances if it finds the existing order results in an economic hardship on either parent or on the child. Additionally, after two years from entry of the existing order, adjustment, or modification, the court may adjust the order based on changes in the parents’ income without a finding of a substantial change in circumstances. RCW 26.09.170.

A father recently appealed a denial of his petition for modification of his child support obligation. The parents divorced in 2016. The court ordered the father to pay $1,167 in child support each month based on $10,000 per month in imputed income. The trial court found he had provided insufficient information regarding his income. At the time of the divorce, the father traveled internationally, lived in Dubai, and gave expensive gifts. The appeals court noted the child support order reflected a conclusion by the trial court that the father was hiding assets.

The father petitioned for modification after nearly three years. He claimed his income had decreased significantly and the child support was now a hardship.

Non-Custodial Parent Must Show Current Washington Custody Schedule is Impractical to Modify Based on Their Own Relocation

February 17, 2021 | by Blair & Kim, PLLC

Washington family law includes a strong presumption in favor of continuity and against modification of a parenting plan. RCW 26.09.260. A parent seeking modification of a residential schedule must show there is adequate cause before a full hearing. In a recent case, a mother challenged a denial of adequate cause to modify the residential schedule following her move to the town where her children lived with their father.

According to the appeals court’s opinion, the mother “fled” to Alabama with her two daughters and “hid them from” their father when they separated. The father filed for divorce, was awarded custody, and ultimately brought the children back to Washington. The mother moved to Spokane.

The parenting plan from 2013 indicated the children’s primary residence was in Moses Lake with their father. The mother had the children on alternating weekends, with some additional time in the summer, plus certain holidays and school breaks.

Washington Mother Denied Child Support When Father Had Custody

January 25, 2021 | by Blair & Kim, PLLC

The Department of Social and Health Services (DSHS) has the authority to enforce a Washington child support obligation. If there is no child support order, DSHS may serve a notice and a finding of financial responsibility (“NFFR”) on the responsible parent. If the parent objects, the parent’s past liability and responsibility is determined at a hearing. RCW 74.20A.055.

A mother recently challenged an Administrative Law Judge’s denial of her request for child support. The father was ordered to pay $1,794.24 in past due child support when the parents divorced. An amended parenting plan in 2010 awarded custody of both children to the father and gave the mother limited visitation. The court found the mother “may have an adverse effect on the child’s best interests…”

The mother moved for review and adjustment of visitation rights. The court allowed expanded visits and calls, but kept the supervision requirement. In a review in January 2011, the court found she remained “a danger to her children’s safety, health, and welfare.”

No Joint Decision-Making in Washington Parenting Plan When Parent Has History of Domestic Violence

June 6, 2019 | by Blair & Kim, PLLC

Courts handling Washington child custody cases should base their determinations regarding parental responsibilities on the best interests of the child. The court has broad discretion in determining the parenting plan. However, the court must place restrictions on a parent’s decision-making if it finds he or she has a history of domestic violence.

A Washington appeals court recently reversed a parenting plan that allowed joint decision-making despite a history of domestic violence. The parents divorced in 2014. The final parenting plan required the father to meet with a doctor to address domestic violence issues before his summer residential time with the children. The parenting plan also required him to get a certified evaluation regarding domestic violence and follow any treatment recommendations.

The plan also awarded the mother sole decision-making until the court heard from the domestic violence counselor or evaluator. The order provided that there would be joint decision-making after the father met the requirements regarding domestic violence.