Legal Question in Family Law in Washington
increased child support
Divorced in July '02 the court ordered Ex-wife to pay $300-+ in child support , ''but up to me to enforce.'' I did not enforce. She was on a small income. Then through mutual agreement, a $50 monthly child support payment started in March or so of '03. She has paid that for the past 5 years. I would like reevaluate for current standards by ourselves. We're both remarried, with dual incomes. Childeren that live with me full time are 14 & 18 yrs of age. 18 yr old will soon be 19 and enrolled in college and planning to continue to live with me. Ex-wife owes IRS from a previous employers actions.
Q�s: 1) should we include the combined income of both marriages or just my individual income and my ex-wifes? 2) Does the soon to be 19 yr old qualify for child support? 3) If she refuses to agree to increase payments, what are my options to get a new amount set ? Thank you for your time! Dave-WA. State.
1 Answer from Attorneys
Re: increased child support
Your income and her income are the basis from which child support is calculated. You disclose the income of the other adults in your respective households but don't use them in calculations. Without knowing the precise language of your order of support I can't conclusively speak to whether your 19 year old continues to be eligible for support. Generally, orders only cover until the child is 18 years old or graduates from high school (whichever comes later), and the precise language you used to address post-secondary education in your order of support will control whether you can collect or petition for it, although the general language is that it has to be applied for before the child turns 18.
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