Parents in Washington often use the terms “child support modification” and “child support adjustment” interchangeably, but they are not the same. Each process serves a different purpose and applies in different circumstances. Understanding the distinction can help parents pursue the correct legal path and avoid unnecessary delays or expense.
What Is a Child Support Modification?
A child support modification is a request to change the existing child support order based on a substantial change in circumstances. This process is appropriate when something significant has occurred since the last order was entered. Common examples include a major change in living situation, an employment change that affects availability, a change in residential schedule, or new needs of the child. Because modifications require proof of a substantial change, they often involve more detailed evidence and a higher legal threshold.
What Is a Child Support Adjustment?
A child support adjustment is a more limited and streamlined process. Adjustments are typically used to update child support based on predictable changes rather than major life events. Common reasons include updates based on the child support schedule, changes in income due to cost-of-living increases, or agreed adjustments when children reach certain ages. Adjustments do not require proof of a substantial change in circumstances, but they are subject to timing rules under Washington law.
Key Differences Between Modifications and Adjustments
The primary difference lies in the legal standard. Modifications require a showing of a substantial change in circumstances, while adjustments do not. Adjustments are often available at set intervals or when certain statutory criteria are met. Modifications can be requested at any time if the legal threshold is met, but they are typically more involved and may require additional documentation and hearings.
How the Court Evaluates Each Request
In both adjustments and modifications, the court applies the Washington child support schedule and considers each parent’s income, expenses, and the child’s needs. However, in modification cases, the court must first determine whether the required change in circumstances exists before recalculating support.
Using the wrong procedure can waste time and resources. A request that should be brought as a modification may be dismissed if brought as an adjustment. Understanding the difference helps ensure the court addresses the substance of your request rather than procedural issues.
Child support adjustments and modifications serve different purposes in Washington family law. Knowing which applies to your situation can make the process more efficient and effective. At Magnuson Lowell, P.S., we help parents evaluate their circumstances and pursue the appropriate child support action. We offer free telephone case evaluations to discuss your options and next steps.
