Brief Description: Changing provisions relating to the adjustment of child support orders.

Sponsors: Representatives O'Brien, Mielke, Darneille, Fromhold, Jarrett, Lovick, Pearson and Kagi.

Hearing Date: 1/28/04

Staff: Sonja Hallum (786-7092).

Background:

Once a court order of child support has been entered, only the court can modify that order. A decree is modified when a party's rights are either extended beyond or reduced from those originally intended in the decree.

Traditionally, the only way to modify a support order was to prove that there was a "substantial change of circumstances." In Washington, the Legislature changed this traditional standard for obtaining a modification to allow for an alternative standard, or an adjustment, under certain circumstances. The appropriate standard depends on the nature and date of the previous order and the present circumstances of the parties.

Substantial Change in Circumstances

Under the current law, a person may petition the court to modify a child support order if there is a substantial change in circumstances. The test for whether there is a sufficient basis to change the order is whether there is a substantial change of circumstances that was uncontemplated at the time of the prior order.

The rationale behind this "changed circumstances" requirement test is that once the provisions of the final order have been litigated and determined in the final decree that decision is final unless there is a material change in the circumstances of the parties.

In assessing whether there has been a substantial change of circumstances, the court will consider changes in the needs of the children and the economic circumstances of the parents. The most common basis for a modification is a change in income. Although a party's income may change, that change may be insufficient to warrant a modification. Whether the court determines the change is sufficient to warrant a modification of the order depends on the individual circumstances of the parties.

Adjustment

The support order may be changed for reasons other than the traditional requirement of a substantial change in circumstances. The order may be "adjusted" after two years without a showing of substantial change of circumstances based on changes to the parents' incomes or based on changes to the economic table or standards.

In this context, an adjustment is different than a modification. In addition to not requiring a showing of substantial change of circumstances, the relief available is different. A modification of the order may change virtually any of the terms of the order. An adjustment action is strictly financial. It will adjust support, the percentage of daycare, and medical expenses based on updated financial information.

Summary of Bill:

A child support order may be adjusted once every six months based on changes to the parents' incomes without a showing of substantially changed circumstances.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.