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Where do you enter the request for Retroactive Child Support in Divorce paperwork for WA State?
Anonymous2 views2 answers
When filling out the WSCSS Schedule & Worksheets as part of a Divorce Decree (Petition filed but divorce not finalized), where would one fill out (what section/line/form) a Request for Retroactive Child Support? Is it a separate legal document? Or is it listed within of the Final Order of Child Child Support or Child Support Worksheets? My ex says I cannot request it within either of those forms. He has been paying just under 1/2 of what he should be under the WA State Child Support obligation table. He says, according to a family law attorney he consulted that because I accepted the 1/2, that I have bound myself to that amount & cannot ask for Retroactive Support. I am not asking for legal advice per say, but rather guidance in filling out the forms correctly for WA State.
Mark L. AlexanderDivorce / Separation LawyerSeattle, WA ·
1) The general rule is that the court cannot order child support retroactively (to any earlier than when the dissolution petition or motion for temporary support was filed.)
2) If you have not obtained a temporary order of child support, either through the court or through the state's Division of Child Support, the best you could do would be to ask the court in the final orders to order child support based on the Economic Table, effective the date you filed the dissolution petition, and enter a judgment for back support.
I agree with my colleagues', Mr. Alexander's, answer. The court does not order retroactive support; therefore, it is essential to file a petition because the court would then have jurisdiction over matters of your case, including child support. You are not bound to the amount your soon to be ex has been paying. It is based on the child support schedule which determines support owed to the child(ren) based on the parties' combined net income levels and the number of children/ages in the family. Determining each party's gross income is based on their pay stubs, W-2's, tax returns or other income verifying documentation. For purposes of determining child support, only certain deductions from the gross pay are allowed to be deducted to arrive at that party's net income. If one party is not working, then the court will assign (impute) income to that party. Be mindful of whether there is overtime as part of you soon to be ex's pay, which is included unless an exception applies. Other child rearing expenses beyond basic support can also be included in the worksheets, which if included, would increase the amount the non-custodial parent would pay in child support to the parent with whom the child(ren) reside a majority of the time. You should consult with an attorney about the process, what the forms mean, and maybe even assist you on a more long-term basis so you are protected in the divorce proceeding.
