child support

As many of us know, the days of parents’ financial support of their children ending on the child’s eighteenth birthday is largely a thing of the past. These days, whether divorced or not, many people are supporting their adult children through college or technical school (at least). In divorced families, it is often necessary and helpful to have a court order dividing the financial burden of supporting adult children through postsecondary schooling. (Please note, there are other grounds for requesting the continuation of child support into adulthood not based on anticipated college or technical school – this blog entry does not cover those grounds.)

Sometimes (especially if ordered in close proximity to the time the child will be leaving high school or turning eighteen), postsecondary support is ordered as part of the original order of child support. However, in most cases we see, the issue is reserved and will require further action by one of the parents to create an obligation to share costs. If it looks like your child is college or technical school bound, and your spouse would be able to assist with the financial burden of your child’s schooling it is important that you be proactive in obtaining a court order requiring that your former spouse assist you and/or your child with postsecondary expenses.

Washington law refers to post-high school financial assistance as postsecondary educational support. This support can include the tuition cost of college or technical school as well as the cost for housing, books, and fees. In determining whether to award postsecondary educational support (and if so, how much), the court considers the factors set forth in RCW 26.19.090.

Child support is meant to provide support for minor children based on the economic circumstances of that child’s parents. Sometimes after an order of child support is entered a child changes age brackets, gets close to graduating from high school , or other significant enough changes in circumstances occur, that it is necessary to modify the order of child support to reflect current circumstances.

RCW 26.09.175 sets for the procedure for modification of an order of child support. It requires that modification proceedings begin by the filing of a summons and petition. These documents must be served on the other party (service requirements vary depending on where order was entered). (There is also a process for adjustment of child support that has separate procedure that is not covered here. That said, while it offers more limited remedies, it can be a quicker and less expensive process and should be considered prior to filing a modification action.) Prior to filing an action for modification, a cost-benefit analysis must be done to ensure that the modification will be worth the resources.

An order of child support may be modified at any time based on a substantial change of circumstances. RCW 26.09.170(5)(a). Whether there is a substantial change of circumstances is fact-specific, and can be a difficult to prove. In some cases, it may be advisable to wait for time to pass before filing for a modification. After one year has passed, an order may be modified without a showing of a substantial change or circumstances if the order in practice works a severe economic hardship on either party or the child; if a party requests and adjustment based on the change of age category of the child; if a child is still in high school, upon a finding that the child will need financial support beyond graduation; or to add an automatic adjustment provision. RCW 26.09.170(5)(b-d). This information does not provide for some of the other exceptions and requirements of modifying child support. Furthermore, adjustments and modifications may be permitted due to language in the original court order.

Articles Tagged with child support

Postsecondary Educational Support

Does Your Order of Child Support Fit Your Current Circumstances?