Washington Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

In Washington, a post-divorce modification order is a court order that updates or changes the terms of a divorce decree after it has been finalized. This modification order can be requested by either party if there has been a significant change in circumstances that affects the terms of the divorce agreement.

Good Cause is found if the parent or caretaker's written statement outlining their fears and concerns, or other verification, indicates that the likelihood of harm to the parent/caretaker or child(ren) is too great to safely seek collection of child support.

How do you adjust child support in Washington State? If you have an administrative child support order, contact your support enforcement officer. If you have a court-issued support order, complete the forms available on Washington's Court Forms website under Family Law > Child Support > Adjust Child Support Order.

If the parents' combined income is lower than this amount, then a court will look at each household's resources and living expenses to come up with a fair payment. The minimum amount of support is $50 per month.

The minimum amount of support is $50 per month. The maximum is 45% of a parent's net income, unless there is some good reason ? such as substantial wealth ? for that percentage to increase.

How do you modify spousal maintenance (alimony) in Washington State? The party seeking modification must prove to the court a substantial change in circumstances, and he or she must do so prior to the existing maintenance obligation expiring.

The statute provides for a review and potential adjustment of child support every two years. If 24 months have passed from the date of the entry of the child support order or since the last modification (whichever is latest), the order may be adjusted without a showing of substantially changed circumstances.

Parents can agree to waive child support in Washington state once the court approves the agreement, but this is a rare occasion. Child support is a fundamental legal obligation from a parent to a child. In Washington, the child support laws presume both parents owe support to their minor children.

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Washington Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support