How Do Child Support Modifications Work After Job Changes?
Child support is a financial obligation set to help make sure that children’s needs are met after their parents separate or divorce. In Washington, like in many other states, this obligation is based on both parents’ income, among other factors.
However, situations change over time, and one of the most common reasons a parent might seek a modification of child support is a change in employment status. When a parent changes jobs, either by earning a higher salary or facing a reduction in income, this can impact their ability to meet the existing child support obligations.
Modifying child support after a job change involves a process that can vary depending on the specifics of the situation. An experienced family law attorney from Curiale Hostnik PLLC is here to help guide you through this process.
Reasons for Seeking a Modification
There are several reasons why a parent might seek a modification of child support in Washington after a job change. Some of the most common situations include a parent losing their job, a substantial pay cut, or a new job with a higher salary.
Each of these changes can significantly alter the financial situation of the paying parent, potentially making it more difficult to meet existing child support obligations or, conversely, making it easier.
A job loss, for example, could result in the paying parent earning significantly less income. If the paying parent is no longer able to meet the terms of the child support order, they may request a modification to lower the payment amount.
Alternatively, if a parent receives a job offer with a much higher salary, they may be required to pay more in child support to reflect their increased financial capacity. Changes in employment, however, aren’t always straightforward.
The courts and Washington's Division of Child Support (DCS) consider various factors when deciding whether a modification is appropriate. These factors can include the reasons for the job change, whether the change is permanent or temporary, and whether the parent is deliberately underemployed or unemployed to reduce child support payments.
When Can Child Support Be Modified?
Under Washington law, a child support order can be modified if there’s a “substantial change in circumstances.” A job change can certainly qualify as such a change, but it’s important to understand what the law means by "substantial."
In general, the change must be significant enough to affect the paying parent's ability to meet the current child support obligations or to increase their capacity to do so. A minor pay cut or an increase in wages that doesn’t significantly alter the parent’s financial situation may not be considered substantial.
In Washington, there are guidelines that help determine whether a modification is warranted. If a parent's income has changed by 25% or more, either upward or downward, this could be considered a substantial change, according to the Washington State Legislature.
The same source reports that If the change is less than 25%, it may still qualify for a modification, but the court may require further proof of its impact on the parent's financial ability to pay.
Another aspect to consider is the reason behind the job change. If a parent voluntarily quits their job or takes a lower-paying position in an effort to avoid child support, the court may not view this as a legitimate change in circumstances.
Washington courts generally expect parents to make reasonable efforts to maintain stable employment and, as mentioned, may not grant a modification if the job change appears to be a deliberate attempt to reduce child support payments.
How to Request a Modification
Once a substantial change in circumstances occurs, the next step for the parent who wishes to modify child support is to formally request the modification through the Washington Division of Child Support (DCS) or the court. This process begins by filing a petition for modification with either the DCS or the court handling the case.
Parents can request a modification through the DCS if the original child support order was established through the DCS. If the order was issued by a court, parents will need to request the modification through the court system. To request a modification, the parent will need to demonstrate the change in their circumstances.
This may include providing proof of their job loss, pay cut, or new employment. Documentation such as pay stubs, letters of termination, or an employment offer letter can help show the change in income. If the job change was voluntary, the parent may also need to provide a detailed explanation of why the change occurred and why it justifies a modification.
The parent seeking the modification should also be prepared to submit a detailed financial declaration. This form outlines the parent’s income, assets, expenses, and debts, helping the court or DCS assess whether the current child support amount remains fair and reasonable. After the petition for modification is filed, a review of the request will take place.
What Happens During the Modification Process?
If the modification request is filed through DCS, the Division will review the case and determine whether the modification is appropriate based on the guidelines.
If the case is being handled through the court, the judge will examine the petition and supporting documentation before making a decision. If a substantial change in income is confirmed, the court or DCS will use the Washington State Child Support Schedule to calculate a new amount of child support.
This schedule is based on both parents' income, the number of children, and other relevant factors. The court or DCS will make adjustments to the child support amount in accordance with these guidelines, and any changes will be implemented as soon as possible. However, the process can take some time.
Child support modifications can take several weeks or even months to be processed, depending on the intricacy of the case and the backlog of cases being reviewed by DCS or the court. During this time, parents may still be required to make payments based on the original child support order unless a temporary modification is granted.
If the paying parent is in urgent need of a modification, they may request a temporary order from the court. A temporary order could reduce or suspend the current child support amount until the modification request is fully reviewed and a final decision is made.
What if the Request Is Denied?
If the court or DCS denies the modification request, the paying parent must continue making child support payments at the original amount. However, parents may have the option to appeal the decision or request a re-evaluation if they believe the decision was incorrect or based on incomplete information.
In some cases, the paying parent may not agree with the new child support amount even after a modification has been granted. If the new amount seems unreasonable or doesn’t align with the parent's current income, they can seek a review of the modification.
If the parent believes the calculation was incorrect or incomplete, they may be able to challenge it by presenting new evidence to the court or DCS.
What About Job Changes That Affect Both Parents?
Job changes don’t only affect the paying parent; the parent receiving child support may also experience a change in their income. If the custodial parent loses their job or experiences a pay cut, they may also seek a modification to either increase the amount of child support or adjust other aspects of the support arrangement.
In this case, the custodial parent would file a petition for modification and provide evidence of their own financial change. The process for the custodial parent requesting a modification is similar to that of the paying parent.
The courts or DCS will review the financial situation of both parents to determine whether a modification is appropriate. If both parents experience significant job changes, the child support amount could be modified to reflect both of their new financial situations.
Child Support Enforcement
For parents who are receiving child support and facing difficulties in enforcement, changes in employment can sometimes complicate the situation. If the paying parent has changed jobs and the child support payments aren’t being made consistently, the custodial parent may need to request enforcement assistance from DCS.
This can involve tracking down the new employer, seeing that payments are made, or even garnishing wages directly from the paying parent's new employer.
Enforcement can also be an issue if a parent claims they’re unable to pay due to a job loss or reduction in income. While the child support order may be modified, DCS or the court will still monitor the payments to make sure they’re being made in accordance with the modified order.
Contact Our Law Firm Today
Understanding how to properly request and complete a modification can help both parents adjust to their new financial realities while keeping the best interests of the child at the forefront. We serve Tacoma, Washington, as well as cities throughout Pierce County including Puyallup, Gig Harbor, and University Place. Reach out to Curiale Hostnik PLLC today to schedule a consultation.