Do I Have To Pay Child Support In Washington State If I Have The Children 50% Of The Time?

Divorce and family law clients in Washington state often ask whether they will have to pay their spouse child support if they have the children equal time or 50% of the time under a parenting plan or residential schedule.  Like many other family law questions, the answer is, “maybe.”

In a recent, December 2013, Court of Appeals case for the state of Washington, In re the Marriage of Schnurman, the Court affirmed the trial Court’s decision requiring the father to pay the mother child support where the father and mother shared substantially equal residential time with their children.  The father appealed the trial Court’s decision and essentially asked the Appellate Court to adopt a formula in shared custody situations.

In reaching its opinion, the Court reasoned the Legislature’s primary intent in adopting child support standards and payments is to maintain reasonable support for the children in each household.  Thus, a reduction or downward deviation in child support is discretionary with the trial Court based on the facts and circumstances of the case before it.

In Schnurman, the trial Court found that, although the father had substantial residential time with the children under the parenting plan, such increase in time would not significantly increase his costs to support the children or significantly reduce the mother’s expenses to support them.  A reduction in child support would also result in insufficient funds in the mother’s household.

BERESFORD BOOTH has made this content available to the general public for informational purposes only.  The information on this site is not intended to convey legal opinions or legal advice.