You are looking at a proposed support order, or perhaps a ruling that has just come down, and the numbers don’t add up.
Regardless of if you are the one expecting support to rebuild your life or the one being asked to pay an amount that threatens your financial stability, the feeling is often the same: This isn’t fair, but what can I actually do about it?
In Washington State, the gap between what feels fair and what the law mandates can be wide. However, support orders are not always the final word. They are often starting points for a negotiation where strategy, evidence, and a deep understanding of judicial discretion come into play.
At Northwest Family Law, we move beyond simply explaining the statutes. We help you evaluate the strength of your position. Contesting an order is about proving that the standard calculation doesn’t fit your unique reality.
Child Support in Contested Divorce
Most people believe that child support and maintenance are rigid formulas. While the Washington State Child Support Schedule provides a baseline, it is not an ironclad cage. The law allows for deviations, and the court has significant discretion in spousal maintenance.
Before you file a motion or contest an order, you need to assess your leverage. We view this through a “Contestation Matrix”, which is a framework to evaluate whether your circumstances justify a legal challenge.
High-Probability Scenarios
- Involuntary Job Loss: You have been laid off or your industry has contracted, making the current order impossible to pay.
- Hidden Income: The other party is self-employed and running personal expenses through their business to lower their “on paper” income.
- Special Needs: A child requires extraordinary medical or educational support that the standard calculation ignores.
Medium-Probability Scenarios
- Voluntary Underemployment: Your ex-spouse has a Master’s degree but chooses to work part-time at a coffee shop.
- The “New Family” Factor: You have children from a new relationship that impact your ability to pay (though this is a specific statutory deviation, not a guarantee).
Low-Probability Scenarios
- Simple Disagreement: You feel the other parent spends too much money on themselves (courts generally do not micromanage spending habits).
- Short-Term Changes: A temporary fluctuation in income that is unlikely to last more than a few months.
Understanding Imputation of Income
One of the most contentious battlegrounds in Washington family law is the concept of “imputation of income” under RCW 26.19.071(6). This occurs when the court assigns an income to a parent based on what they could be earning, rather than what they are actually earning.
This is a critical defense mechanism for the spouse seeking support and a terrifying risk for the paying spouse.
The “Good Faith” Defense
If you have changed careers or reduced hours to care for children, the court looks at intent. Are you “voluntarily underemployed” to evade support, or is this a legitimate life transition?
Based on case law (In re Marriage of Kaplan), the court examines whether a reduction in income was made in “bad faith.” If you quit a high-paying tech job to start a startup with zero revenue two weeks before divorce filing, the court will likely be skeptical.
The Vocational Evaluation Weapon
When we represent a client whose spouse claims they “cannot work,” we often utilize a Vocational Evaluation. This is a forensic analysis by a professional who determines:
- The spouse’s transferable skills.
- The current job market availability.
- The prevailing wage for those skills.
If a vocational professional determines your spouse could be earning $80,000 a year, we can argue the Washington state child support calculator should run based on that $80,000, not their current zero income. This shifts the financial burden significantly.
Understanding the “Shadow Formula” for Spousal Maintenance
Unlike child support, Washington State has no mandatory formula for spousal maintenance (alimony). The statute RCW 26.09.090 lists factors like the standard of living during the marriage and the duration of the marriage, but it doesn’t give a number.
However, experienced alimony attorney strategists know there is a “Shadow Formula”, an unspoken guideline frequently used by judges, particularly in King County.
Interstate Enforcement
In our mobile world, it is common for one parent to live in Bellevue while the other moves to Virginia, Hawaii, or North Carolina. When a parent leaves Washington, contesting or enforcing an order enters a complex web of federal and state laws known as the Uniform Interstate Family Support Act (UIFSA).
This is where many general practitioners stumble.
- The Controlling Order: If a Washington court issued the original order, Washington usually retains “continuing, exclusive jurisdiction” as long as one party still lives here.
- Enforcement Traps: The Federal Office of Child Support Services (OCSS) has powerful reach. If you stop paying because you moved to Texas, Washington can trigger federal enforcement mechanisms that garnish wages or freeze passports across state lines.
If you are the paying parent living out of state, simply ignoring a Washington order because “I don’t live there anymore” is a strategy for disaster. You must legally transfer jurisdiction or modify the order in the proper venue.
Post-Secondary Educational Support
The court can order parents to pay for “post-secondary educational support”, essentially, college tuition. Many parents are shocked to learn that in Washington, your obligation does not necessarily end at age 18.
This is a massive financial variable that is often overlooked in initial negotiations.
- Contesting College Support: You can contest this if the child has no relationship with you (repudiation of the parent), or if the financial burden would force you into bankruptcy.
- The “Cap” Strategy: When we draft agreements, we often strategize to cap this obligation at the cost of tuition at the University of Washington (UW), preventing a parent from being on the hook for a $60,000/year private university.
Building Your Evidence Checklist
Whether you are requesting a spousal support modification or defending against one, your success depends on documentation. Emotional appeals do not sway judges, data does.
To build a “Decision-Engine” case, we gather:
- Tax Returns (3 Years): To show income trends, not just a snapshot.
- Bank Statements: To reveal “lifestyle” spending that contradicts reported income.
- Medical Records: If contesting based on inability to work.
- Job Search Logs: Proof of “good faith” efforts to find employment.
- Text/Email Communication: Evidence of informal agreements or admissions regarding finances (though admissibility varies).
If the other party refuses to comply with the current order while this process is ongoing, we may need to look at contempt of court divorce decree enforcement options to confirm stability while the legal dispute is resolved.
Turning Strategy into Stability
Contesting a support order is stressful because it involves your two most precious resources. Your children and your financial future. It requires a strategic roadmap that anticipates the court’s discretion.
At Northwest Family Law, we engineer strategies to help you move forward. Whether you are facing a child support attorney on the opposing side or need to initiate a contest yourself, we are here to guide you toward a fair resolution.
Ready to evaluate your position? Contact us today to develop a plan tailored to your future.