Obtaining and Collecting Child Support in Washington State

Divorce can be a challenging process, especially when children are involved. One critical aspect that needs careful consideration is child support. Ensuring that your children receive the financial support they need is essential. In Washington State, there are specific procedures for obtaining and collecting child support.

Obtaining a Child Support Order

1. By Agreement:
   If both parents can agree on child support terms, this can significantly simplify the process. Here’s how you can obtain a child support order by agreement:
   
   
   • Negotiation: The parents can negotiate the terms of child support, including the amount owed, inclusion of out-of-pocket expenses, and payment schedule.
     
     
   • Parenting Plan: The agreed terms should but don’t necessarily need to coincide with an agreed parenting plan.
     
     
   • Court Approval: Even when both parties agree, the court must approve the child support order to ensure it meets the child's best interests. The court will review the agreement to ensure it complies with state guidelines.
     
     
2. Going to Court:
   If an agreement cannot be reached, you may need to go to court to obtain a child support order. This process involves:
   
   
   • Filing a Motion: This can be a complicated process and working with an attorney may be your best chance at success. Filing a Motion for a Temporary Child Support Order is needed to demand child support during your case.
     
     
   • Court Hearing: Both parents present their financial information and arguments at a court hearing.
     
     
   • Court Decision: The judge/commissioner will determine the appropriate amount of child support based on Washington State guidelines, which consider both parents' incomes and the needs of the child.

Collecting Child Support

1. By Agreement:
   When parents agree on the terms of child support, they can also agree on how payments will be made and collected:
   
   
   • Direct Payments: The non-custodial parent can make direct payments to the custodial parent. This method requires some level of trust and reliability.
     
     
   • Automatic Transfers: Setting up automatic bank transfers can ensure timely and consistent payments.
     
     
2. Through the Division of Child Support (DCS):
   If parents prefer a more formal method, or if there are issues with receiving payments, the Division of Child Support (DCS) can assist:
   
   
   • Request for Services: The custodial parent can request DCS services to help with collecting child support. This can be done at the time of the Child Support Order or later if needed.
     
     
   • Income Withholding: DCS can arrange for child support payments to be deducted directly from the non-custodial parent’s paycheck or via alternate methods where appropriate.
     
     
   • Enforcement Actions: If payments are not made, DCS can take some limited enforcement actions.

Benefits and Inconveniences of Working Through DCS
Benefits:

• Enforcement: DCS has the authority to enforce child support orders, ensuring payments are made even through potential garnishment.
  
  
• Consistency: Payments collected through DCS are often more consistent and reliable.
  
  
• Record Keeping: DCS maintains records of all payments, which can be useful for future legal proceedings.

Inconveniences:

• Processing Time: Working through DCS can sometimes be slower due to administrative processes.
  
  
• Less Flexibility: There may be less flexibility in adjusting payment amounts or schedules compared to direct agreements between parents.

Additional Collection Efforts
Child support collection efforts can also include out-of-pocket expenses required by the Child Support Order, such as medical expenses or childcare costs. Additionally, if spousal maintenance (alimony) is part of the divorce decree and child support is being collected, DCS can also assist in collecting spousal maintenance.

Working with an Attorney May be Helpful
Ensuring that child support is collected efficiently is crucial for the well-being of your children. Whether you choose to work by agreement or through the Division of Child Support, understanding your options and the processes involved will help you make informed decisions. If you need assistance with your child support case in Washington State, consult with a family law attorney to navigate the complexities of the system and ensure the best outcome for your family. Feel free to contact the law offices of Magnuson Lowell PS for a free telephone case evaluation 425-800-0572

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