19 Aug How To Terminate Child Support Payments in Washington State
If you have been writing child support checks every month and wondering when it ends, you are not alone. The truth is that child support is a commitment that is required unless there is a legitimate reason. But if your finances have changed or your child’s circumstances are now different, you might be interested in terminating child support payments. Here is what you need to know about the process in Washington State.
When Child Support Ends Automatically
Child support in Washington automatically terminates when the child reaches age 18, provided the child is no longer enrolled in high school. So, if your child turns 18 and has already graduated, payments stop.
For cases administered through Washington’s Division of Child Support (DCS) rather than a Superior Court order, support can extend to age 19 if the child is still enrolled in school full-time.
Beyond age and graduation, child support also ends automatically if the child marries or dies.
Postsecondary Education and the Age 23 Extension
Do not assume age 18 is always the finish line. Washington courts may order parents to contribute to postsecondary educational expenses until the child’s 23rd birthday under RCW 26.19.090. College tuition and expenses for example may provide a reason to continue paying support. This is not automatic, but if a court has ordered it in your case, you are required to continue contributing even after your child is legally an adult.
Events That Can End or Lower Child Support Early
Not every termination is automatic. To reduce or stop paying child support before these milestones, you must demonstrate that there has been a significant and material change in circumstances.
If you now have primary custody of the child, that qualifies. A major drop in your income, a major increase in the other parent’s income, or a change in the child’s living situation can also form the basis of a petition to change child support.
How To Petition for Early Termination
To terminate or modify child support payments in Washington State, you must file a petition with the court or Washington State’s Division of Child Support and provide evidence of the changed circumstances.
What About Terminating Parental Rights?
Some people assume that giving up parental rights ends child support. That is not accurate. Parents cannot avoid paying child support or drop child support payments in Washington by terminating their parental rights.
Arrears Do Not Disappear
Even after the monthly support obligation terminates for whatever reason, any unpaid balance remains a legally enforceable debt. This debt has an interest accruing at 12% per year under RCW 4.56.110.
Contact a Lawyer
In short, child support has a built-in end date, but you can also lower or even terminate it with an official petition backed by qualifying circumstances. Every case has different variables, so work with a child support lawyer in Washington State to get a clear picture of where you stand and what steps to take next. Inquire at LaCoste Family Law today.