Burdensome Child Support

[csoutrage]

My question involves child support in the State of: Washington

Here's minimal history: Court denied DH downward deviation (residential credit---even though he shares 50/50 residential and legal custody---DH is designated custodial parent in even years). The court found DH's household to be in a financial hardship (DH was on L&I receiving less in wages for the past consecutive 9 mo.), yet raised DH's monthly child support. DH pays BM the max amount and as if he doesn't have his son. BM's household made over $100,000 in 2009, made $94,000 in 2008, while DH's household made approx. $44,000 in 2009 and $36,000 in 2008. DH asked for a reconsideration on a commissioner's order, which was denied. BM argued that if DH received residential credit than her household would suffer financially---which is bull after viewing her financial statements---and which the courts disregarded too. She also argued that DH already requested residential credit in previous order in 2007 and was denied---BM argues DH should never be allowed to ask for a residential credit again based on his previous denial. Previous request in 2007 DH was denied based on the fact his attorney asked for one to late, and OC made unsubstantiated claims BM's household was in financial hardship (no state assistance though)---yet recently when DH requested BM's bank statements it shows BM was lying in 2007 about a financial hardship. DH's CS went from $98/mo. to $550/mo---and just recently to $680/mo. DH can't afford to care for his child during his parenting time, yet the court doesn't seem to care. DH's dad had to help by loaning DH money to pay for bills---and BM wanted the court to use that money to be calculated as DH's income.

Can we ever fix this problem? Why do the courts not mandate residential credits? BM does not provide for her child during dad's parenting time---yet benefits from dad's portion $550 and her portion of $425 when she has her child only 1/2 the time.

[Dogmatique]

You mean "Mom" and "Dad", right? Or CP & NCP?

So, WA child support is calculated using three main elements: the income of both parents (which may include the loan from Dad's father), the costs of daycare, and any health/medical insurance costs. The court may at its discretion consider other factors - but these are not mandated. Even if residential credit is applied, it generally won't be anywhere near as big of a factor as these other three elements.

So even if Mom has married a Kennedy or Rockefeller, the new husband's income is not necessarily going to be counted for the purposes of calculating support.

Ditto Dad.

I strongly suggest Dad find a way to obtain an attorney because frankly if he wants to fight the current order he's going to need one.

(For what it's worth, one does not need to be on state assistance to prove financial hardship)

[csoutrage]

I mean mom and dad. Both parents share joint residential time (alternating schedules every week---one week on, one week off) and joint legal decision making. Although, their parenting plan states for state and federal purposes---dad is designated custodial parent in even years, and mom in odd years. Dad tried to modify CS in 2007 and had an attorney who filed, appeared, and lied during the process. The attorney didn't ask for a residential credit (which dad was originally receiving since his 2000 order) and arbitrator denied it based on the attorney's late request. BM also testified without proof that she was in a financial hardship---yet her bank statements and spending behaviors indicate otherwise. Dad had an L&I that left him with less wages to support a 4 family household and he asked for a downward deviation based on his change in job status and the burden it places on our family. The trial court found our household to be in a financial hardship, but because dad previously requested a residential credit late in 2007 and it being less than 2 years to modify---they denied and actually raised his support to newer standards---so we are still in a dire financial hardship, and he's gone to the extent of giving up his 50/50 custody based on the fact he can't afford to provide for his child if the mom is getting the entire child support award. He's already paying as if he has a visitation schedule of 4 days/ per month or every other weekend. Mom refuses to help provide for child's care during dad's parenting time---she claims that if she doesn't receive more than $1,000 per month (both dad and her portion of support combined---court's monthly cs calculation) then she can't provide for the child during the 2 out of 4 weeks every month the child is with her. This is a lie, and there are financial documents to show mom is lying---yet the courts don't care. He asked for a reconsideration, and it was denied based on the same grounds. mom claimed dad is harassing her with litigation, yet he is truely trying to take care of his family. Mom was awarded more than $8,000 in legal fees in addition to the increase in support. She also wants dad to pay more than 50%of camp fees for their son (and he's obligated per child support order). How and when can we correct this? Mom's worksheets were incorrect in the 2007 order for dad's income, again, because his attorney was late. The arbitrator took dad's income, added what he could be potentially be making if he never missed work, and also added 10% cost of living expenses to it. How is this equitable and in the child's interest? Can dad ask for a residential credit next time to modify (2 years from now), or is he wasting his time?

[CourtClerk]

Ummm... how much of the $100,000 is the mother's income? You seem to believe that her spouse is somehow responsible for supporting the father's child.

[csoutrage]

mom's income is approx. $48,000 annually---almost equal to dad's earning potential. Dad made less then mom last 2 years due to knee surgeries (on the job injuries), and now he has osteoarthritis in both knees limiting how often he works.

[CourtClerk]

So let's paint the picture the way it is...

Mom and dad virtually make the same amount of money, not mom has 2 times the amount of money.

[NdK1009]

"Can we ever fix this problem? Why do the courts not mandate residential credits? BM does not provide for her child during dad's parenting time---yet benefits from dad's portion $550 and her portion of $425 when she has her child only 1/2 the time. "

So basically, you want the courts to flip-flop who receives the child support every year, right? In dad's residential year, he receives; in odd years mom receives. Is that the gist of things? Because if that's the case, then I suspect that you'll have a long uphill battle. There's just too much hassle involved in constant changes of that nature. And what happens if mom or dad falls into arrears???

Perhaps Dad should look at changing the custody ratio. Ask for more time with the child.