Child Support Modification in Washington State

Whether you're paying child support or receiving support payments from your ex, you may believe that the amount should be changed. Maybe you've lost a job, your custody arrangements or your kids' needs have changed, or you've learned that your ex is earning a lot more than before. Either parent may ask to have their child support order modified or adjusted, but Washington law has specific rules for granting those requests. Learn how child support modification works in Washington State.

How to Request a Child Support Modification

Basically, there are different routes for requesting a child support modification:

• requesting a review of your existing support order from the Division of Child Support (DCS) in the Washington State Department of Social and Health Services, and
• filing a petition to modify child support directly in court.

(Wash. Rev. Code § 26.09.175 (2024).)

Washington's Requirements for Modifying Child Support

Whether you go through DCS or file a petition in court, you must meet the requirements for a modification in Washington law:

• You may request a modification at any time if you provide evidence demonstrating that there's been a substantial change in circumstances that wasn't anticipated when your existing support order was issued.
• When it's been one year or more since the support order was issued, you won't need to show a substantial change in circumstances if the order is causing a severe economic hardship for either parent or the child, if the child has turned 18 but is still attending high school, or if the existing order includes a requirement for periodic adjustments.
• If it's been at least two years since your order was issued or was last modified or adjusted, the support amount may be adjusted based on changes in either parent's income or in the state's economic table and guidelines.

Be aware that a parent's voluntary unemployment or underemployment won't, by itself, qualify as a substantial change of circumstances. A parent's remarriage won't qualify on its own as well, but some of the circumstances related to remarriage might play a role in modification of child support in Washington. Judges will look at the overall situation—including both parents' financial resources and obligation—when deciding whether to modify the support amount.

(Wash. Rev. Code § 26.09.170 (2024); In re Marriage of Scanlon and Witrak, 34 P.3d 877 (Wash. Ct. App. 2001).)

Agency Reviews of Child Support Orders

You may ask Washington's DCS to review your existing child support order to see if you might qualify for a modification. In most cases, you'll need to complete some forms, including a child support worksheet for calculating child support under Washington's guidelines, using your current financial information.

DCS will refer your case to a Prosecuting Attorney to handle the modification request in court if the information you've provided shows that you meet the agency's minimum criteria, including:

• it's been three years since the existing support amount was set, or you can demonstrate that there's been a substantial change in circumstances, and
• there's difference of at least 15% (and $100 per month) between the total support amount in your current order and in the calculation on the worksheet that's based on your current financial circumstances.

The requirements for reviews are different when the agency (rather than a court) established your existing order, the child is receiving public assistance, or the parent who owes support has been incarcerated.

Court Procedures for Modification of Child Support

If you don't meet the requirements for having DCS initiate modification proceedings in court—or you've simply decided to go directly to court—you'll need to file a petition to modify child support, along with financial declarations, worksheets, and other required documents. You'll also have to serve the other parent with that paperwork.

After the other parent files an answer (or the deadline for doing so has passed), either one of you will need to schedule a court hearing. Generally, a judge will make a decision based on the documents and affidavits both parents have submitted, unless the judge has granted either parent's request to present oral testimony (which could be electronically rather than in person). (Wash. Rev. Code § 26.09.175 (2024).)

Even if you and the other parent have agreed on a modified amount of support, you'll need to follow these procedures and submit your written agreement for a judge's approval.

Resources and Help With Modifying Child Support

You can find information about the DCS review process, along with the forms you'll need to request a review, on the agency's child support modification page. If you haven't already done so, you may first need to enroll for services with the agency.

Without agency help, can download the forms for modification requests on the Washington Court Forms page for child support modifications. But unless you and the child's other parent have agreed to a fairly straightforward change based on Washington's child support guidelines, you would be wise to speak with a lawyer. Modification requests can result in surprises—such as when a parent hopes to lower support payments based on a reduction in income, but a judge actually increases child support after considering all of the circumstances. An experienced family law attorney can evaluate your situation, advise you on the best way forward, and help gather the kind of evidence you'll need to support your request.