Seattle Attorneys Blog
In some cases, circumstances change after a court orders child support. A Washington child support order may be modified if there has been a substantial change in circumstances, if it has been a year or more since the order was entered and it causes a “severe economic hardship. . .” or if it has been two years or more since the last order, adjustment or modification was entered, and there have been changes in the income of either party. RCW 26.09.170. In a recent unpublished case, a father challenged a modification to his child support modification after the court found he had inherited more than $5.1 million and calculated his gross monthly income at $425,000.
According to the appeals court’s opinion, the father petitioned for divorce in 2018 and the court ultimately issued a final divorce decree, parenting plan, and child support order.
The mother petitioned for modification of the child support order several years later. The father testified he had recently come into an inheritance and the wife offered evidence to show he had used the inheritance to support himself while he was not employed. The court held that a modification was warranted due to the inheritance, along with the mother’s new income and her own inheritance. According to the court’s order, the mother had received $186,819 and the father more than $5.1 million in non-retirement assets and sums. The court also noted the mother’s new income was $5,883.14.
The court found in its child support schedule worksheet that the father’s gross monthly income was $425,000. The court noted it calculated his income at “$5.1 million of non-retirement cash funds he received in 2023, or $425,000 per month.” The court ordered the father to pay $2,161.30 in monthly child support.
The father appealed, arguing there was not substantial evidence supporting the court’s finding regarding his total gross monthly income. The appeals court determined, however, that the court had also based the finding regarding the father’s gross monthly income on other findings the father had not challenged.
On appeal, a party must make separate assignments of error for each challenged finding. The appeals court will not review an alleged error that is not included in an assignment of error or otherwise “clearly disclosed in the associated issue pertaining thereto.” RAP 10.3(g).
The husband assigned error to the finding his gross “Other Income” was $425,000 per month, arguing the court had not explained how it had calculated that amount. He did not, however, assign error to the court’s findings that he had inherited $5.1 million and that he was not employed and used the inheritance to support himself. The appeals court determined the trial court had predicated its finding regarding his gross monthly income on the other two unchallenged findings. Because the father had not challenged those findings, they became verities on appeal. The appeals court concluded the unchallenged findings supported the child support calculation. The father therefore had not shown that the trial court abused its discretion. The appeals court affirmed the court’s order.
If you or your child’s other parent have experienced a significant change in income or circumstances, an experienced Washington child support attorney can advise you on whether a modification or adjustment of child support may be available. Set up a consultation with Blair & Kim, PLLC at (206) 622-6562.