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You discovered your former spouse/co-parent received a promotion or started a new job making significantly more income. Now you’re wondering, can they pay more in child support each month? The short answer: an increase in income alone doesn’t trigger a modification, but it can be a reason to take a closer look.
In Washington, child support modifications are governed by RCW 26.09.170. This statute outlines when and how a support order can be changed, along with important limitations. A raise or promotion might be relevant, but it doesn’t automatically mean the court will adjust support.
Under RCW 26.09.170(9)(a)(i), if at least 24 months have passed since the original order (or the most recent modification or adjustment), the order may be adjusted without having to prove a substantial change in circumstances if:
- Changes in the income of the person required to pay support, or of the payee under the order or the person entitled to receive support who is a parent of the child or children covered by the order.
Importantly, this rule cuts both ways. If the parent receiving child support receives a promotion and their income increases, the paying parent might seek a reduction in their monthly child support. Courts look at the broader financial picture (income, debts, etc.) and not just a single change in income. Additionally, child support is based on both parties’ financial situations, not just one.
If you’ve learned that your former spouse’s income has changed, or any of the other circumstances in RCW 26.09.170 may apply to you, it may be worth reviewing your current order and contacting a family law attorney to discuss your options.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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