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While child support typically ends when a child turns 18 or graduates high school (whichever comes later), there are important exceptions that could extend or modify this timeline.
At Hodgson Law Office, we understand how these nuances can impact your family's financial future. In this guide, we'll explore the complexities of child support in Washington, including when it ends, to ensure that you're equipped to navigate this important aspect of family law.
Understanding the Basics of Child Support in Washington
In Washington, child support is calculated using the Washington State Child Support Schedule.
This system takes into account various factors, such as each parent's income, the number of children, and the amount of time each parent spends with the children. The ultimate goal is to ensure that children maintain a standard of living similar to what they would have experienced if their parents had remained together.
Washington State Laws on Child Support Termination
Child support termination is governed by the Revised Code of Washington (RCW) Chapter 26.19, specifically RCW 26.19.090. According to this statute, child support obligations typically end when a child:
- Turns 18 before graduation
- Graduates high school
- Turns 19 while still in high school
Additionally, the state may discontinue child support if a child becomes legally emancipated before age 18. Emancipation is a legal process that grants a minor the rights and responsibilities of an adult.
There are also special exceptions for children enrolled in postsecondary education or who are dependent students, as outlined in RCW 26.19.090(4).
For more information on Washington’s child support laws, take advantage of the following resources:
- Washington State Division of Child Support — Child Support Modification: Official state resource providing detailed information on modifying existing child support orders.
- Washington LawHelp — Child Support: Comprehensive guide offering free legal information and self-help materials dealing with specific laws and procedures.
A qualified family law attorney can also help you better understand your rights and obligations regarding child support in the state.
Exceptions to the Rule
While reaching the age of majority and graduating high school are the most common reasons for terminating child support, there are scenarios where child support may end earlier or extend beyond these milestones. Understanding these exceptions can help you plan accordingly for your situation.
Child Support Ending Before Age 18
In rare cases, child support obligations may terminate before the child turns 18. Such situations usually involve the following factors:
Marriage
If your child gets married before turning 18, child support payments will typically end, as the child is considered emancipated and no longer financially dependent on their parents.
Emancipation
If your child becomes legally emancipated before turning 18 (either through a court order or by meeting certain legal requirements, such as joining the military or becoming self-supporting), your child support duties may end.
Death
If your child tragically passes away, your child support obligation will end, as the purpose of support is no longer applicable.
Child Support Continuing Past Age 18
Similarly, there are circumstances under which a parent may be required to continue paying child support beyond the child's 18th birthday. These include:
Children with Special Needs
If your child has a mental or physical disability that prevents them from becoming self-sufficient, the court may order continued child support.
The duration of these payments depends on the child's specific condition and difficulties. The court will consider factors like the severity of the disability, the child's ability to work or live independently, and the financial resources of both parents.
Postsecondary Educational Support
In some cases, the court may order a parent to contribute to their child's college expenses or vocational training. This type of support is known as postsecondary educational support and is determined based on various factors, such as:
- The child's academic abilities and performance.
- The family's financial situation and resources.
- The standard of living the child would have enjoyed had the parents remained together.
- The availability of financial aid, scholarships, or grants.
Postsecondary educational support isn’t granted automatically — it must be requested by either a parent or the child before the child turns 18 or graduates from high school. The court will evaluate the details of each case to determine whether postsecondary support is appropriate and, if so, the amount and duration of the support.
Modifying or Terminating Child Support
If you experience a significant change in circumstances that affects your ability to pay child support or your child's need for support, you can petition the court for a modification or termination of your child support order. Some common reasons for seeking a modification include:
- A substantial increase or decrease in either parent's income.
- A change in the child's living arrangements or custody schedule.
- The child's emancipation or marriage.
- The child's enrollment in postsecondary education.
To modify your child support order, you must file a petition with the court or Washington State’s Division of Child Support (DCS) and provide evidence of the changed circumstances.
It's highly recommended that you work with an experienced family law attorney. Your lawyer can guide you through the legal process, gather the necessary documentation, and present a strong case for your desired changes.
Enforcing Child Support Obligations
If you’re owed child support arrears, you have several options for enforcement, even after your child reaches the age of majority. DCS can assist with collection efforts using methods like:
- Wage Garnishment: The state can order the non-paying parent's employer to withhold a portion of their income to satisfy their child support obligations.
- Tax Refund Interception: DCS may intercept the non-paying parent's state or federal tax refunds to apply toward child support arrears.
- License Suspension: In some cases, DCS may suspend the non-paying parent's driver's, occupational, or recreational licenses until they pay the outstanding support.
- Liens and Seizure of Assets: The state may place liens on the non-paying parent's property or seize their bank accounts or other assets to satisfy their child support debts.
In addition to these formal actions, an attorney can help you explore additional enforcement methods through the court system, such as filing a motion for contempt of court or seeking a judgment for unpaid support.
Learn more about the legal consequences of failing to pay child support in our detailed article on the topic.
Consult a Knowledgeable Family Lawyer Today
In Washington State, child support typically ends when a child turns 18 or graduates from high school. However, there are a few key exceptions to be aware of, such as when the child has special needs or pursues postsecondary education.
If you have questions about your specific situation or are seeking to modify or enforce a child support order, it's wise to speak with a family law attorney.
The dedicated legal professionals at Hodgson Law Office are here to help you unravel the complexities of child support termination. Contact us today to schedule a consultation and get the trustworthy guidance you need.
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