Child Support & Parenting Plans

Individuals can establish a divorce parenting plan on their own, but even with a positive, collaborative effort between separated parents, we highly recommend child custody lawyer assistance.

The process of establishing child custody can be emotive and upsetting, especially when parents have different views on the best option for their child’s habitation. Drafting a child support agreement without experience can also lead to unforeseen conflicts down the road.

We know that all parents want what’s best for their kids. Hemmat Law Group understands the desire to try and ‘figure it out’ with the other parent, but having experienced child custody lawyers craft a divorce parenting plan provides an objective and consistent structure to the children as much as the parents.

Parenting plans are unique, and designed for each family, but generally they will include intentions set out for

• Where the child will live for most of the time, and with which parent
• How much time (and when) the child will spend with each parent
• Which parent will be deferred to to make major decisions about the child
• A plan for how the parents will work out any disagreements

1. Draft a Plan. The first step is to draft a parenting plan or child support order you would like to propose to the court and the other party. It’s important to take time to think carefully aobut the best interest of the children, and also what the other parent is likely to accept.
2. Filing a petition. Whether you are petitioning for child support or a parenting plan, you will want to file your petition and proposed orders in superior court. Where and when you petition will depend on your objecives and where you and the child are living. If you are filing for a parenting plan, the court will generally require you establish child support simultaneously if you are intending to.
3. Process Service. You will need to serve various paperwork to your partner to give them notice of your petition. This process can take time if your ex-spouse is not easy to find, or if they are hiding to avoid being served, but this step is an essential part of the legal process, and can’t be skipped.
4. Temporary Orders. While the full case is pending, parents will often petition for a temporary parenting plan to be installed to create a legal child support agreement in the meantime. It is worth noting, that the result of this motion can give a strong indication of how the court views the parenting dispute.
5. Discovery. Sometimes it is necessary to request more information (such as financial records)  from the other party during the custody case. The court can force parties to respond if needed, so the other parent’s cooperation is not strictly required.
6. Mediation. If parents are having trouble negotiating with one another on the terms of the parenting plan, a professional mediator will help parties resolve the dispute outside of court.
7. Trial. If all else fails and communication has broken down, the parties will put their issues before the Judge to decide. This process can be quick, or can take weeks, and in reality the result is often a parenting plan that neither party is happy with. Although sometimes inevitable, it really is best to avoid trial entirely.
8. Modification. Once a parenting plan or child support order has been entered, either parent has the opportunity petition the court to modify them at any time. For example, if there is a substantial change in circumstance, such as a parent moving and making the residential schedule untenable. This process can be complicated if the parties can’t agree to a simple solution, so it’s best to speak to a divorce parenting plan attorney at this stage.

Parents have a right to request a parenting plan at any time after the identity of a child’s parents has been determined. An uncooperative spouse will unfortunately make the process take longer, but a case can always be initiated to devise a child support agreement. Speak to our child custody lawyer team to find out more.

Unfortunately, the establishment of a legal parenting plan takes time. This is especially true if the parties need to work through the details or engage in mediation. If you are establishing a parenting plan in a divorce case, there is also a 90-day waiting period before any final orders can be entered.

The costs involved vary greatly between cases, but naturally cases with more complexity and time required drive additional expense. The most amicable the situation, generally the less time and resource required.

We offer personalized case evaluations so we can give you more tailored advice, so please get in touch.

Our team is always really pleased to hear when parents have been able to work together on a mutually accepted divorce parenting plan. If you and your ex-spouse can agree beforehand, you can enter a joint petition to establish the parenting plan you have decided upon. If both parents agree, the court will not bring into question the arrangements you make. This will make the process a lot faster and cheaper than if you had to fight over details in court.

The courts will endeavor to enter a parenting plan in the best interest of the children, but this can be highly subjective. No matter how hard they try, a Judge doesn’t really know you or your children, and the outcome is unlikely to reflect anyone’s best wishes. Our family lawyers strongly discourage taking a matter to trial for this reason.

If a parent’s identity is called into question, or the mother claims a father has no rights to a child, a father can motion to establish parentage – usually a court-ordered DNA test. Once paternity is established, the parenting plan and child support process continues as previously described.

When a parent (whether as a mother or father) has publicly held themselves out as a child’s caregiver for years, in some cases they are able to assume the legal responsibilities and rights of a parent as if they had always been, as a de-facto parent. This doesn’t apply in all situations, so please consult with our child custody legal team if this is something you need to understand more about.

If you do not have a parenting plan legally in place, the other parent is assumed to have equal rights to the child, meaning they can take the child whenever they want to. You can put restrictions in place to fix this by entering a temporary parenting plan, and then petitioning for a parenting plan and motion for immediate relief to return the child to you.

Once an order is in place, the other parent in contempt of court if they breach its terms.

If you have a valid court order already established, and the other parent has deliberately breached it, they can be held in contempt of court. This can result in civil fines, extra parenting time for the injured parent, and even jail time for the offending parent if the offense is severe enough.

Problems can arise if the divorce parenting plan in question was poorly drafted or does not cover the behavior the other parent is exhibiting. This is one reason why having an experienced child custody lawyer draft your parenting plan is so crucial to your future. Without a solid custody plan, it can make it difficult to argue that the other parent breached terms in bad faith. To fix the issue permanently, it may be necessary to file for a new modification to amend the parenting plan.

Tehcnically, yes. Any time that a parenting plan is not adhered to, the other parent can legally move to enforce its terms with the court. If you are finding that the details of the parenting plan are not working well for your family (hence both not following it) the safest solution is to collaborate with the other parent on a new plan and jointly petition the court for a plan modification.

Rather than simply ignoring a parenting plan, we would always recommend modifying it and keeping it up to date to avoid any trouble or disagreement in the future.

Washington uses a standard child support calculation, so it is easy to calculate the support obligations of each parent, so long as we know their respective incomes.

In short, the court totals the two parent’s incomes, and then each parent’s proportional share of the total is reduced to a percentage. That percentage is then applied to a mandatory per-child-per-month figure, and the net difference is transferred between the two parties every month.

In extenuating circumstances (such as the child living primarily with one parent) this calculation can be adjusted.

Yes. For the purposes of child support calculations, when one party has no or unknown income, their income can be ‘imputed’ (assumed) at a minimum amount. In the future, if new information comes to light that would change this minimum number, the child support agreement can be modified to reflect the different amount relatively easily.

In Washington State, you cannot force a parent to give an accounting of how they spend the child support payments received from you. Legally child support is payment owed to the child themselves, and not for the benefit fo the parent’s own interests; The parent is meant to collect it on their behalf, and it is then left to their discretion on how to spend it in the best interest of the child. However, as the only person who can waive the right to the payments is the child themselves – and they can’t sign away their right because by their nature they are a minor – the obligation to make payments is almost impossible to stop.

While you can freely agree never to see your child, and even enter a parenting plan to that effect, you will always be required to pay child support until the mandatory period is over, and you will always reserve the right to petition the court to be allowed time with your child.

The only way to truly absolve yourself of your parental obligations is by having another competent adult adopt your child, and assume full legal responsibility for them in your stead.

Generally, child support payments are mandatory in Washington State until a child is 18 years old or graduates high school, whichever occurs later. Child support beyond then is not mandatory in almost all cases. There are some exceptions, such as regarding the care of a disabled dependent child, etc., and under some circumstances, post-secondary, or college education expenses, may be awarded. It would be advisable to speak to an experienced divorce parenting plan lawyer to find what would be required for your case.