Remarriage and Child Support in Washington

When divorced parents remarry, they still have a legal obligation to support their kids from their previous relationship. But could a parent's remarriage result in a change in the amount of child support they're paying or receiving? The answer depends on the circumstances. Read on to learn how the law in Washington State addresses that question.

The Basic Rules for Changing Child Support in Washington

Washington State has different requirements for modifying child support, depending on how long it's been since the existing order was issued or last adjusted. As a general rule, however, parents may request a modification at any time if they can demonstrate that there's been a substantial change in circumstances.

The fact that a parent has married again won't qualify as a change in circumstances on its own. But some circumstances related to the remarriage—especially when there are additional children in the new family—could play a role in a judge's decision on a modification request.

When Can a New Spouse's Income Affect the Amount of Child Support in Washington?

Both parents' income goes into the calculation of child support in Washington. And if it's been at least two years since the existing support order was issued or last modified, the state allows adjustments to the support amount based on changes in either or both parents' income, without the need to demonstrate other changed circumstances. But a parent's income does not include a new spouse's income. That means the basic support calculation wouldn't change because of the income of a parent's new spouse.

At the same time, however, Washington law allows judges to order a different amount of support than the standard calculation (a "deviation") if it would be unfair not to do so. Although the existence of income from a new spouse or domestic partner isn't enough of a reason by itself for a deviation, a judge may consider that income as part of the overall picture if there's another reason that the standard calculation wouldn't be fair. (Wash. Rev. Code § 26.19.075 (2024).)

Also, at least one Washington court has held that when a parent has accumulated "significant wealth" because of a new spouse's earnings, that alone may justify a modification and deviation from the standard support calculation. As the court reasoned, Washington law requires judges to consider all of the resources in both parents' households, even though only the parents' income is used for the standard calculation of basic child support. (Brandli v. Talley, 991 P.2d 94 (Wash. Ct. App. 1999); Wash. Rev. Code § 26.19.071(1).)

How Children From a New Marriage Can Affect Child Support

Another circumstance related to a remarriage may qualify on its own as a reason for departing from the standard child support calculation: a parent's legal obligation to support children from the new marriage. And in Washington State, that includes stepchildren, as well as biological and adopted children. This means you may seek to have your existing child support payments changed because of the financial burdens of supporting additional children in your new family. (Wash. Rev. Code §§ 26.16.205, 26.19.075(1)(e) (2024); In re Marriage of Zacapu and Zacapu-Oliver, 368 P.3d 242 (Wash. Ct. App. 2016).)

Be aware, however, that you won't necessarily get the change in support payments you're seeking, just because you have new kids to support. The judge will consider all of the financial circumstances in both parents' households before deciding on a modification request. (State ex rel. J.V.G. v. Van Guilder, 154 P.3d 243 (Wash. Ct. App. 2007).)

So, for instance, a noncustodial parent who's seeking to lower support payments might end up facing higher payments if the custodial parent is experiencing more serious financial hardships.

Getting Help With Child Support After Remarriage

You may request a review of your existing child support order from the Division of Child Support (DCS) in the Washington State Department of Social and Health Services, to see if you qualify for a modification based on your need to support other children from your new marriage (or other qualifying reasons, not including a new spouse's income). If you meet the agency's criteria, DCS may take steps to initiate the modification proceedings in court.

If DCS can't help in your case—or you'd rather go directly to court—you should strongly consider speaking with a lawyer for help. It can be difficult for lay people to understand and navigate the court procedures for a modification request, as well as the requirements for the evidence needed to support their request based on circumstances related to a remarriage. An experienced family law attorney can evaluate your case and help you get the results you want.