BILL REQ. #: H-3936.2
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to implementing changes to child support based on the child support schedule work group report; amending RCW 26.19.011, 26.19.020, 26.19.065, 26.19.075, and 26.19.090; adding a new section to chapter 26.19 RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) To comply with the federal requirement
that all states review their child support laws every four years, the
legislature has mandated that a child support work group be convened
every four years to examine current laws, administrative rules, and
practices regarding child support.
(2) The 2011 child support schedule work group was convened in
January and conducted a total of ten in-person meetings and numerous
meetings using telephone conference calls. The work group produced a
final report and recommendations in September 2011.
(3) The work group's September 2011 final report and
recommendations contain, among other things, a new economic table based
on more current data and a formula for calculating adjustments to take
into consideration children not before the court.
(4) The legislature intends to implement recommendations made by
the 2011 child support schedule work group.
Sec. 2 RCW 26.19.011 and 2005 c 282 s 35 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Basic child support obligation" means the monthly child
support obligation determined from the economic table based on the
parties' combined monthly net income and the number of children for
whom support is owed.
(2) "Child support schedule" means the standards, economic table,
worksheets, and instructions, as defined in this chapter.
(3) "Court" means a superior court judge, court commissioner, and
presiding and reviewing officers who administratively determine or
enforce child support orders.
(4) "Deviation" means a child support amount that differs from the
standard calculation.
(5) "Economic table" means the child support table for the basic
support obligation provided in RCW 26.19.020.
(6) "Instructions" means the instructions developed by the
administrative office of the courts pursuant to RCW 26.19.050 for use
in completing the worksheets.
(7) "Standards" means the standards for determination of child
support as provided in this chapter.
(8) "Standard calculation" means the presumptive amount of child
support owed as determined from the child support schedule before the
court makes any adjustments or considers any reasons for deviation.
(9) "Support transfer payment" means the amount of money the court
orders one parent to pay to another parent or custodian for child
support after determination of the standard calculation and deviations.
If certain expenses or credits are expected to fluctuate and the order
states a formula or percentage to determine the additional amount or
credit on an ongoing basis, the term "support transfer payment" does
not mean the additional amount or credit.
(10) "Worksheets" means the forms developed by the administrative
office of the courts pursuant to RCW 26.19.050 for use in determining
the amount of child support.
(11) "Children not before the court" means children for whom
support is not being determined in the current proceeding, but who are
the children of one of the parents involved in the proceeding based on
a parent-child relationship consistent with RCW 26.26.101, or who are
the children of one of the parents based on a court order which
established the parent as a de facto parent.
Sec. 3 RCW 26.19.020 and 2009 c 84 s 1 are each amended to read
as follows:
(( | ||||||
ECONOMIC TABLE MONTHLY BASIC SUPPORT OBLIGATION PER CHILD | ||
COMBINED MONTHLY NET INCOME | ONE CHILD FAMILY | TWO CHILDREN FAMILY |
For income less than $1000 the obligation is based upon the resources and living expenses of each household. Minimum support may not be less than $50 per child per month except when allowed by RCW 26.19.065(2). | ||
1000 | 216 | 167 |
1100 | 238 | 184 |
1200 | 260 | 200 |
1300 | 281 | 217 |
1400 | 303 | 234 |
1500 | 325 | 251 |
1600 | 346 | 267 |
1700 | 368 | 284 |
1800 | 390 | 301 |
1900 | 412 | 317 |
2000 | 433 | 334 |
2100 | 455 | 350 |
2200 | 477 | 367 |
2300 | 499 | 384 |
2400 | 521 | 400 |
2500 | 543 | 417 |
2600 | 565 | 433 |
2700 | 587 | 450 |
2800 | 609 | 467 |
2900 | 630 | 483 |
3000 | 652 | 500 |
3100 | 674 | 516 |
3200 | 696 | 533 |
3300 | 718 | 550 |
3400 | 740 | 566 |
3500 | 762 | 583 |
3600 | 784 | 599 |
3700 | 803 | 614 |
3800 | 816 | 624 |
3900 | 830 | 634 |
4000 | 843 | 643 |
4100 | 857 | 653 |
4200 | 867 | 660 |
4300 | 877 | 668 |
4400 | 887 | 675 |
4500 | 896 | 682 |
4600 | 906 | 689 |
4700 | 916 | 697 |
4800 | 927 | 705 |
4900 | 939 | 714 |
5000 | 951 | 723 |
5100 | 963 | 732 |
5200 | 975 | 741 |
5300 | 987 | 750 |
5400 | 999 | 759 |
5500 | 1011 | 768 |
5600 | 1023 | 777 |
5700 | 1030 | 782 |
5800 | 1036 | 786 |
5900 | 1042 | 791 |
6000 | 1048 | 795 |
6100 | 1054 | 800 |
6200 | 1061 | 804 |
6300 | 1067 | 809 |
6400 | 1073 | 813 |
6500 | 1081 | 819 |
6600 | 1096 | 830 |
6700 | 1111 | 842 |
6800 | 1126 | 853 |
6900 | 1141 | 864 |
7000 | 1156 | 875 |
7100 | 1170 | 886 |
7200 | 1185 | 898 |
7300 | 1200 | 909 |
7400 | 1212 | 918 |
7500 | 1222 | 925 |
7600 | 1231 | 932 |
7700 | 1241 | 939 |
7800 | 1251 | 946 |
7900 | 1261 | 953 |
8000 | 1270 | 960 |
8100 | 1280 | 968 |
8200 | 1290 | 975 |
8300 | 1299 | 981 |
8400 | 1308 | 987 |
8500 | 1316 | 994 |
8600 | 1325 | 1000 |
8700 | 1334 | 1007 |
8800 | 1343 | 1013 |
8900 | 1352 | 1019 |
9000 | 1361 | 1026 |
9100 | 1370 | 1032 |
9200 | 1379 | 1040 |
9300 | 1387 | 1047 |
9400 | 1396 | 1055 |
9500 | 1405 | 1062 |
9600 | 1414 | 1069 |
9700 | 1423 | 1077 |
9800 | 1432 | 1084 |
9900 | 1441 | 1092 |
10000 | 1451 | 1099 |
10100 | 1462 | 1107 |
10200 | 1473 | 1114 |
10300 | 1484 | 1122 |
10400 | 1495 | 1129 |
10500 | 1507 | 1136 |
10600 | 1518 | 1144 |
10700 | 1529 | 1151 |
10800 | 1539 | 1159 |
10900 | 1542 | 1161 |
11000 | 1545 | 1164 |
11100 | 1548 | 1166 |
11200 | 1551 | 1169 |
11300 | 1554 | 1172 |
11400 | 1556 | 1174 |
11500 | 1559 | 1177 |
11600 | 1562 | 1179 |
11700 | 1565 | 1182 |
11800 | 1568 | 1184 |
11900 | 1571 | 1187 |
12000 | 1573 | 1190 |
COMBINED MONTHLY NET INCOME | THREE CHILDREN FAMILY | FOUR CHILDREN FAMILY | FIVE CHILDREN FAMILY |
For income less than $1000 the obligation is based upon the resources and living expenses of each household. Minimum support may not be less than $50 per child per month except when allowed by RCW 26.19.065(2). | |||
1000 | 136 | 114 | 100 |
1100 | 150 | 125 | 110 |
1200 | 163 | 137 | 120 |
1300 | 177 | 148 | 130 |
1400 | 191 | 160 | 141 |
1500 | 204 | 171 | 151 |
1600 | 218 | 182 | 161 |
1700 | 231 | 194 | 171 |
1800 | 245 | 205 | 180 |
1900 | 258 | 216 | 190 |
2000 | 271 | 227 | 200 |
2100 | 285 | 239 | 210 |
2200 | 298 | 250 | 220 |
2300 | 311 | 261 | 230 |
2400 | 325 | 272 | 239 |
2500 | 338 | 283 | 249 |
2600 | 351 | 294 | 259 |
2700 | 365 | 305 | 269 |
2800 | 378 | 317 | 279 |
2900 | 391 | 328 | 288 |
3000 | 405 | 339 | 298 |
3100 | 418 | 350 | 308 |
3200 | 431 | 361 | 318 |
3300 | 444 | 372 | 328 |
3400 | 458 | 384 | 337 |
3500 | 471 | 395 | 347 |
3600 | 484 | 406 | 357 |
3700 | 496 | 416 | 366 |
3800 | 503 | 422 | 371 |
3900 | 511 | 428 | 377 |
4000 | 518 | 434 | 382 |
4100 | 526 | 440 | 388 |
4200 | 531 | 445 | 392 |
4300 | 537 | 450 | 396 |
4400 | 543 | 455 | 400 |
4500 | 548 | 459 | 404 |
4600 | 554 | 464 | 408 |
4700 | 559 | 469 | 412 |
4800 | 566 | 474 | 417 |
4900 | 573 | 480 | 422 |
5000 | 580 | 486 | 428 |
5100 | 587 | 492 | 433 |
5200 | 594 | 498 | 438 |
5300 | 602 | 504 | 443 |
5400 | 609 | 510 | 449 |
5500 | 616 | 516 | 454 |
5600 | 623 | 522 | 459 |
5700 | 627 | 525 | 462 |
5800 | 630 | 528 | 465 |
5900 | 634 | 531 | 467 |
6000 | 637 | 534 | 470 |
6100 | 641 | 537 | 472 |
6200 | 644 | 540 | 475 |
6300 | 648 | 543 | 477 |
6400 | 651 | 545 | 480 |
6500 | 656 | 549 | 483 |
6600 | 665 | 557 | 490 |
6700 | 674 | 564 | 497 |
6800 | 683 | 572 | 503 |
6900 | 692 | 579 | 510 |
7000 | 701 | 587 | 516 |
7100 | 710 | 594 | 523 |
7200 | 719 | 602 | 530 |
7300 | 727 | 609 | 536 |
7400 | 734 | 615 | 541 |
7500 | 740 | 620 | 545 |
7600 | 745 | 624 | 549 |
7700 | 751 | 629 | 554 |
7800 | 756 | 634 | 558 |
7900 | 762 | 638 | 562 |
8000 | 767 | 643 | 566 |
8100 | 773 | 647 | 570 |
8200 | 778 | 652 | 574 |
8300 | 783 | 656 | 577 |
8400 | 788 | 660 | 581 |
8500 | 793 | 664 | 584 |
8600 | 797 | 668 | 588 |
8700 | 802 | 672 | 591 |
8800 | 807 | 676 | 595 |
8900 | 812 | 680 | 599 |
9000 | 817 | 684 | 602 |
9100 | 822 | 689 | 606 |
9200 | 828 | 694 | 611 |
9300 | 835 | 699 | 616 |
9400 | 841 | 705 | 620 |
9500 | 848 | 710 | 625 |
9600 | 854 | 716 | 630 |
9700 | 861 | 721 | 635 |
9800 | 867 | 727 | 639 |
9900 | 874 | 732 | 644 |
10000 | 879 | 737 | 648 |
10100 | 885 | 741 | 652 |
10200 | 890 | 745 | 656 |
10300 | 895 | 750 | 660 |
10400 | 900 | 754 | 664 |
10500 | 906 | 759 | 668 |
10600 | 911 | 763 | 672 |
10700 | 916 | 767 | 675 |
10800 | 921 | 772 | 679 |
10900 | 924 | 774 | 681 |
11000 | 926 | 776 | 683 |
11100 | 928 | 778 | 684 |
11200 | 931 | 780 | 686 |
11300 | 933 | 782 | 688 |
11400 | 936 | 784 | 690 |
11500 | 938 | 786 | 692 |
11600 | 940 | 788 | 693 |
11700 | 943 | 790 | 695 |
11800 | 945 | 792 | 697 |
11900 | 948 | 794 | 699 |
12000 | 950 | 796 | 700 |
Sec. 4 RCW 26.19.065 and 2009 c 84 s 2 are each amended to read
as follows:
(1) Limit at forty-five percent of a parent's net income. Neither
parent's child support obligation owed for all his or her biological or
legal children may exceed forty-five percent of net income except for
good cause shown.
(a) Each child is entitled to a pro rata share of the income
available for support, but the court only applies the pro rata share to
the children in the case before the court.
(b) Before determining whether to apply the forty-five percent
limitation, the court must consider whether it would be unjust to apply
the limitation after considering the best interests of the child and
the circumstances of each parent. Such circumstances include, but are
not limited to, leaving insufficient funds in the custodial parent's
household to meet the basic needs of the child, comparative hardship to
the affected households, assets or liabilities, and any involuntary
limits on either parent's earning capacity including incarceration,
disabilities, or incapacity.
(c) Good cause includes, but is not limited to, possession of
substantial wealth, children with day care expenses, special medical
need, educational need, psychological need, and larger families.
(2) Presumptive minimum support obligation. (a) When a parent's
monthly net income is below one hundred twenty-five percent of the
federal poverty guideline for a one-person family, a support order of
not less than fifty dollars per child per month shall be entered unless
the obligor parent establishes that it would be unjust to do so in that
particular case. The decision whether there is a sufficient basis to
deviate below the presumptive minimum payment must take into
consideration the best interests of the child and the circumstances of
each parent. Such circumstances can include leaving insufficient funds
in the custodial parent's household to meet the basic needs of the
child, comparative hardship to the affected households, assets or
liabilities, and earning capacity.
(b) The basic support obligation of the parent making the transfer
payment, excluding health care, day care, and special child-rearing
expenses, shall not reduce his or her net income below the self-support
reserve of one hundred twenty-five percent of the federal poverty level
for a one-person family, except for the presumptive minimum payment of
fifty dollars per child per month or when it would be unjust to apply
the self-support reserve limitation after considering the best
interests of the child and the circumstances of each parent. Such
circumstances include, but are not limited to, leaving insufficient
funds in the custodial parent's household to meet the basic needs of
the child, comparative hardship to the affected households, assets or
liabilities, and earning capacity. This section shall not be construed
to require monthly substantiation of income.
(3) Income above twelve thousand dollars. The economic table is
presumptive for combined monthly net incomes up to and including twelve
thousand dollars. When combined monthly net income exceeds twelve
thousand dollars, the court may exceed the presumptive amount of
support set for combined monthly net incomes of twelve thousand dollars
upon written findings of fact.
Sec. 5 RCW 26.19.075 and 2009 c 84 s 4 are each amended to read
as follows:
(1) Reasons for deviation from the standard calculation include but
are not limited to the following:
(a) Sources of income and tax planning. The court may deviate from
the standard calculation after consideration of the following:
(i) Income of a new spouse or new domestic partner if the parent
who is married to the new spouse or in a partnership with a new
domestic partner is asking for a deviation based on any other reason.
Income of a new spouse or new domestic partner is not, by itself, a
sufficient reason for deviation;
(ii) Income of other adults in the household if the parent who is
living with the other adult is asking for a deviation based on any
other reason. Income of the other adults in the household is not, by
itself, a sufficient reason for deviation;
(iii) Child support actually received from other relationships;
(iv) Gifts;
(v) Prizes;
(vi) Possession of wealth, including but not limited to savings,
investments, real estate holdings and business interests, vehicles,
boats, pensions, bank accounts, insurance plans, or other assets;
(vii) Extraordinary income of a child;
(viii) Tax planning considerations. A deviation for tax planning
may be granted only if the child would not receive a lesser economic
benefit due to the tax planning; or
(ix) Income that has been excluded under RCW 26.19.071(4)(((h)))
(i) if the person earning that income asks for a deviation for any
other reason.
(b) Nonrecurring income. The court may deviate from the standard
calculation based on a finding that a particular source of income
included in the calculation of the basic support obligation is not a
recurring source of income. Depending on the circumstances,
nonrecurring income may include overtime, contract-related benefits,
bonuses, or income from second jobs. Deviations for nonrecurring
income shall be based on a review of the nonrecurring income received
in the previous two calendar years.
(c) Debt and high expenses. The court may deviate from the
standard calculation after consideration of the following expenses:
(i) Extraordinary debt not voluntarily incurred;
(ii) A significant disparity in the living costs of the parents due
to conditions beyond their control;
(iii) Special needs of disabled children;
(iv) Special medical, educational, or psychological needs of the
children; or
(v) Costs incurred or anticipated to be incurred by the parents in
compliance with court-ordered reunification efforts under chapter 13.34
RCW or under a voluntary placement agreement with an agency supervising
the child.
(d) Residential schedule. The court may deviate from the standard
calculation if the child spends a significant amount of time with the
parent who is obligated to make a support transfer payment. The court
may not deviate on that basis if the deviation will result in
insufficient funds in the household receiving the support to meet the
basic needs of the child or if the child is receiving temporary
assistance for needy families. When determining the amount of the
deviation, the court shall consider evidence concerning the increased
expenses to a parent making support transfer payments resulting from
the significant amount of time spent with that parent and shall
consider the decreased expenses, if any, to the party receiving the
support resulting from the significant amount of time the child spends
with the parent making the support transfer payment.
(((e) Children from other relationships. The court may deviate
from the standard calculation when either or both of the parents before
the court have children from other relationships to whom the parent
owes a duty of support.))
(i) The child support schedule shall be applied to the mother,
father, and children of the family before the court to determine the
presumptive amount of support.
(ii) Children from other relationships shall not be counted in the
number of children for purposes of determining the basic support
obligation and the standard calculation.
(iii) When considering a deviation from the standard calculation
for children from other relationships, the court may consider only
other children to whom the parent owes a duty of support. The court
may consider court-ordered payments of child support for children from
other relationships only to the extent that the support is actually
paid.
(iv) When the court has determined that either or both parents have
children from other relationships, deviations under this section shall
be based on consideration of the total circumstances of both
households. All child support obligations paid, received, and owed for
all children shall be disclosed and considered.
(2) All income and resources of the parties before the court, new
spouses or new domestic partners, and other adults in the households
shall be disclosed and considered as provided in this section. The
presumptive amount of support shall be determined according to the
child support schedule. Unless specific reasons for deviation are set
forth in the written findings of fact and are supported by the
evidence, the court shall order each parent to pay the amount of
support determined by using the standard calculation.
(3) The court shall enter findings that specify reasons for any
deviation or any denial of a party's request for any deviation from the
standard calculation made by the court. The court shall not consider
reasons for deviation until the court determines the standard
calculation for each parent.
(4) When reasons exist for deviation, the court shall exercise
discretion in considering the extent to which the factors would affect
the support obligation.
(5) Agreement of the parties is not by itself adequate reason for
any deviations from the standard calculation.
NEW SECTION. Sec. 6 A new section is added to chapter 26.19 RCW
to read as follows:
(1) The court may make an adjustment to the standard calculation
when the obligor has children not before the court, subject to the
provisions in this section and the limitations in RCW 26.19.065. If
the court adjusts the standard calculation, it shall use the whole
family formula as provided in this section.
(2) The child support schedule must first be applied to the parents
and the children before the court to determine the standard amount of
support.
(3) Children not before the court must not be counted in the number
of children for purposes of determining the standard calculation, but
must be counted in the adjusted calculation for the obligor parent.
(4) Stepchildren are not considered children not before the court
but may be considered as a reason to deviate from either the standard
or the adjusted calculation of support.
(5) When the court has determined that either or both parents have
children not before the court, adjustments under this section must be
based on considerations of the total circumstances of both households
including the children of either parent who do not live in the
household of the parents. Both parents shall disclose, and the court
shall consider, all child support obligations, paid, received, and owed
for all children.
(6) The court may not adjust the standard calculation on the basis
of children not before the court if:
(a) Adjusting the standard calculation would result in insufficient
funds to meet the basic needs of the children in the receiving
household and, when taking into consideration the totality of the
circumstances, the application of the adjustment would be unjust;
(b) The obligee's net income before receiving the support transfer
payment is at or below one hundred twenty-five percent of the federal
poverty level guidelines for the obligee's household size, including
both children before the court and children not before the court; or
(c) It is shown that the obligor parent has not actually paid the
child support owed for the obligor's children not before the court who
do not live with the obligor, unless there is a reasonable
justification for the obligor's nonpayment. When considering whether
a reasonable justification exists, the court shall consider the
obligor's ability to make full payments of the child support owed for
the obligor's children not before the court.
(7) The whole family formula requires the court to:
(a) Determine the total number of children before the court and the
total number of children not before the court for the obligor parent;
(b) Determine the monthly basic support obligation from the
economic table based on the combined monthly net income of the parents
before the court and the obligor's total number of children as
determined in (a) of this subsection;
(c) Multiply the monthly basic child support obligation by the
obligor's proportional share of the combined monthly net income. This
amount is the adjusted transfer payment owed by the obligor parent for
the children before the court.
(8) If the court does not establish the transfer payment at an
adjusted calculation determined by this section, the court shall set
forth specific findings for the difference in the order of child
support.
Sec. 7 RCW 26.19.090 and 1991 sp.s. c 28 s 7 are each amended to
read as follows:
(1) The child support schedule shall be advisory and not mandatory
for postsecondary educational support.
(2)(a) When considering whether to order support for postsecondary
educational expenses, the court shall determine whether the child is in
fact dependent and is relying upon the parents for the reasonable
necessities of life.
(b) Before determining the parents' obligations for postsecondary
educational support, the court shall consider all grants and
scholarships awarded to the child, including work-study opportunities
if an actual work-study position is available for the child, and
subtract those amounts from the total cost of postsecondary educational
support to determine the unmet need for postsecondary educational
support.
(3) The court shall exercise its discretion when determining
whether and for how long to award postsecondary educational support
based upon consideration of factors that include but are not limited to
the following:
(a) Age of the child;
(b) The child's needs;
(c) The expectations of the parties for their children when the
parents were together;
(d) The child's prospects, desires, aptitudes, abilities or
disabilities;
(e) The nature of the postsecondary education sought; ((and))
(f) The parents' level of education, standard of living, and
current and future resources((. Also to be considered are)); and
(g) The amount and type of support that the child would have been
afforded if the parents had stayed together.
(((3))) (4) If one or both parents saved separately for
postsecondary educational support and paid those amounts directly to
the educational institution or the child, those amounts should be
considered part of the parent's share of postsecondary educational
support.
(5) The child must enroll in an accredited academic or vocational
school, must be actively pursuing a course of study commensurate with
the child's vocational goals, and must be in good academic standing as
defined by the institution. ((The court-ordered postsecondary
educational support shall be automatically suspended during the period
or periods the child fails to comply with these conditions.)) (6)(a) Unless the support order provides otherwise, a parent
may suspend payment of postsecondary educational support based on the
child's failure to be enrolled in an accredited academic or vocational
school, failure to actively pursue a course of study commensurate with
the child's vocational goals, or failure to be in good academic
standing as defined by the institution.
(4)
(b) The obligation to pay postsecondary educational support remains
suspended until the child is in compliance with subsection (5) of this
section.
(c) If there is a dispute between the parents or between the parent
and the child regarding the child's compliance, the child or either
parent may file a motion with the court to seek resolution of the
dispute, unless the order establishing the obligation to pay
postsecondary educational support provides otherwise.
(7) The child shall also make available all academic records and
grades to both parents as a condition of receiving postsecondary
educational support. Each parent shall have full and equal access to
the postsecondary education records as provided in RCW 26.09.225.
(((5))) (8) The court shall not order the payment of postsecondary
educational expenses beyond the child's twenty-third birthday, except
for exceptional circumstances, such as mental, physical, or emotional
disabilities.
(((6))) (9)(a) The court shall direct that either or both parents'
payments for postsecondary educational expenses be made directly to the
educational institution if feasible.
(b) If direct payments are not feasible, then the court in its
discretion may order that either or both parents' payments be made
directly to the child if the child does not reside with either parent.
(c) If the child resides with one of the parents the court may
direct that the parent making the postsecondary educational support
transfer payments make the payments to the child or to the parent ((who
has been receiving the support transfer payments)) with whom the child
is residing. If the child's living situation changes, that change
shall be a basis to change the terms of the postsecondary educational
support transfer payment to the other parent.
(d) If the child's living situation changes so that the child is no
longer residing with either parent, both parents shall make the
payments to the educational institution, if feasible, or to the child.
NEW SECTION. Sec. 8 This act takes effect October 1, 2012.