Child Support Modifications Attorney in Seattle, Washington

As a parent receiving or paying child support, do you feel as though the existing child support order is no longer appropriate for your circumstances? But don’t think there’s nothing you can do about it. You could make changes to your existing arrangement by requesting a modification.  

Worrying about financial stability and the ability to meet children’s needs can be draining for any parent. As a child support modifications attorney in Seattle, Washington, I am here to relieve your stress and help you request a change to your child support order or oppose your ex’s attempts to make changes to the existing order.

At Hallack Law, PLLC, I will work diligently to protect your interests throughout the entire modification process and help you obtain a favorable outcome, whatever that might be.  

Requesting a Child Support Modification in Washington State

If you wish to request changes to an existing child support order, there are two ways to do it in Washington State:  

1. File a Motion for Adjustment of Child Support: You can modify your child support order through this motion if (a) at least two years have passed from the original order and either parent’s income has changed or (b) at least one year has passed and the child turned 12 from the original order. Filing a Motion for Adjustment of Child Support is often a quicker and easier method of seeking a modification.  

2. File a Petition to Modify Child Support Order: You can file this petition if it has been a year since the original order was put into place and either of the following is true: (a) the current payments cause a substantial financial hardship, (b) the child turned 18 but still hasn’t finished high school, or (c) you have experienced a significant change in your economic circumstances.  

In most cases, an adjustment takes about two weeks from beginning to end. A modification, on the other hand, can take anywhere from three to six months or longer. 

The parent requesting a modification should file the request in the state and county that entered the original order as long as the primary care parent or child still lives there. At Hallack Law, PLLC, I assist clients in Seattle and throughout King County in filing both a Motion for Adjustment of Child Support and a Petition to Modify Child Support Order. 

Common Reasons for Modifying a Child Support Order

While everyone’s circumstances are unique, below are some common reasons the paying or receiving parent may wish to modify an existing child support order:  

• Either parent loses or finds a job; 

• Either parent gets a raise or promotion; 

• Either parent suffers a sudden injury or illness that affects their earning potential;  

• The child’s medical needs change; or 

• The child’s educational or daycare/childcare costs change.  

Nothing is permanent when it comes to divorce decrees. That’s why Washington State respects your right to seek post-decree modifications, no matter what your circumstances are. However, getting your request for modification approved is not always easy, which is why you might need the assistance of a Seattle child support modifications attorney.  

Changing an Administrative vs. Court-Issued Child Support Order

The process of changing an existing child support order in Washington State also differs depending on whether it was: 

1. Implemented by an administrative law judge or Washington State Department of Social and Health Services' Division of Child Support (DCS); or 

2. Issued by court.  

When you have an administrative child support order, you can get DCS to adjust the order free of charge. Typically, administrative orders can be adjusted annually. If you have a court-issued order, you cannot adjust it until at least two years have passed since the original order was put into place. Some circumstances may shorten the waiting period, which is why you might want to consult with a Washington child support modifications attorney.  

Procedures for Child Support Modification

If you don’t meet the criteria for changing your existing child support order through DCS or you simply want to take your matter directly to court, you will need to file a Petition to Modify Child Support Order along with supporting documentation and serve the paperwork on the other parent.  

When the respondent parent files their answer or the deadline for filing a response expires, you will need to schedule a date for your court hearing. Then, it will be up to the judge to approve or deny the requested changes after hearing the parties’ arguments and reviewing the submitted documentation. The judge’s approval may still be necessary even if both parents reach an agreement regarding the modified amount. Either way, you might want to have an attorney represent your interests in front of the judge and/or in out-of-court negotiations with your ex-spouse to improve your chances of a favorable outcome.