Creating Parenting Plans In Washington

One of the most stressful parts of a divorce for parents is making decisions related to the children. It is likely that both parents want what is best for their children, but the emotions of a divorce may cloud their ability to make wise choices. Ideally, Washington parents can arrive at parenting plans without the interference of the courts, but they must still obtain court approval for their plans to ensure their decisions are in the best interests of the children.

A parenting plan is more than just a schedule of which parent has the children when. It involves dividing parenting functions, or the authority to make decisions about the children, such as those related to education, financial support, building relationships with others and providing for their basic needs. In addition, a parenting plan includes agreements about how the parents will maintain parenting functions as the children grow, with as little reliance on the courts as possible.

Parents who negotiate a parenting plan and schedule can submit it to the court. If the court agrees that the plan works in the children’s best interests, it will likely approve the plan. In Washington, parents who cannot agree on a plan must try mediation. If mediation does not work, the parents will present their separate plans to the court, and a judge will choose one or order a new plan.

It is not easy to create workable parenting plans that can accommodate the growth and change in a family. In addition to seeking the best interests of the children, parents want to be sure their own rights are protected. To help them reach their goals, many Washington parents seek advice from a family law attorney who understands the nuances of parenting functions and can guide them in creating an effective plan.

Under What Circumstances Can Child Support Be Modified?

During a divorce, most parents negotiate which will have primary custody of their children. The other spouse usually provides financial support for the children. The amount of child support is determined by income, housing needs and the child’s financial needs.

Later, when one of the parents faces a life event such as the loss of a job or a serious injury, the monthly child support amount needs to be modified.

How to modify child support

In Washington state, how you change the amount you pay in child support depends on whether the amount was determined by an administrative order or by a court order.

If your child support was determined through a Notice of Finding of Financial Responsibility by the state Division of Child Support (DCS), then you must fill out a form – the Petition for Modification-Administrative Order, or 9-208b.

This petition includes the meat of the matter: why you think the amount should be changed and what you think the amount should be. Once the form is received by the DCS and if all parties agree, then the amount will be modified. If all parties don’t agree, then there will be a telephone hearing to decide if the amount should be modified.

If your child support was determined by the court, then your request must go through the county prosecutor’s office along with several forms and data:

• A Child Support Order Review, or form 9-741
• A Confidential Information form
• A Financial Declaration form
• The Washington State Child Support Schedule, commonly referred to as “the worksheets”
• Your most recent paystubs
• Your most recent tax returns
• Other financial documents the court needs

If the DCS decides the case should go forward, a prosecutor will guide the case through the legal system.

In other states, the amount you owe for child support doesn’t change until a judge in the same court where your divorce was adjudicated signs off on the new amount.

Don’t stop or change your payments too soon

Even if your spouse verbally agrees to a change in the amount, you are responsible for paying the previous amount until the change is official. Failure to pay the full amount leads to penalties such as interest and garnishment of wages.

Some child support amounts change automatically when a divorce calls for adjustments based on a cost-of-living adjustment.

Remember, the court will always consider the needs of the child above the needs of the parents when determining a child support amount.

Protecting The Parent Relationship After A Divorce

No parent enters a marriage or has a child believing the relationship will end in divorce. But divorce is still a frequent occurrence in Washington and around the country. When children are involved the impact on them can be devastating and frequently the parent’s first concern is to minimize that negative impact. There are things parents can do to minimize the trauma of the divorce.

The first of these is to ensure that both parents spend significant amounts of time with the children. Children do best when they have as close to equal time with both parents as possible. To facilitate this parents should try and remain in close proximity to each other. This increases the feelings of stability for the child and decreases the likelihood of having to give up after school activities or other things the child enjoys which could possibly breed resentment.

Another important aspect of life going forward is the need to remain positive regarding one’s children in both words and actions. Children need to understand that they in no way caused the family to break up and that they are equally loved by both parents. Snide comments, fighting in front of children and disrespecting the other parent to the child can all have a significant negative impact on a child’s sense of well-being.

Divorce is difficult and the desire to protect one’s children as best as possible can be strong. A person in Washington who is considering divorce may benefit from discussing possible options with an experienced family law attorney. A knowledgeable attorney can look at the family situation and help one arrive at a fair and comprehensive settlement.