The Pandemic is still here. It’s affecting us all and causing changes in our accustomed situations. There has also been apparent changes in calculating residential time as the child(ren) do/es distance learning at home with the parent. This article attempts to clarify that.
How Is Child Support Calculated?
The Washington State has simplified child support calculations by adopting a standardized child support formula.
See formula here
The formula takes your information and gives you a presumptive child support amount. This information is basically the parent’s income and since this either decreases or increases, the child support amount changes with it too.
What Is A Deviation?
Courts usually set child support at the standard transfer amount. There are also times when they occasionally adopt different figures. Adopting a figure that differs from the standard transfer amount is called ‘deviating’
See all possible deviations here
Can Child Support Deviate Based On Residential Time?
Yes, your child support deviates based on your residential time with the child/ren. The court may deviate from the standard calculation and may deviate downward if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. Substantial residential time usually means more than 90 overnights with the child(ren) each year, and the deviation can nearly eliminate child support for parents who have relatively equal amounts of residential time. Notably, this deviation only applies if the primary care parent will still have adequate funds to support his or her household.
When determining the amount of the deviation, the court shall consider evidence re the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent. Especially now that there are instances that the child has longer time with the parent due to the distance learning (school time). It shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.
It will also help if you speak to a knowledgeable and helpful legal counsel. Soriano Law LLC continues to help clients amidst the COVID-19 crisis. We are in Montesano (Grays Harbor County), but we also serve clients in Thurston County, Pacific County, Lewis County, Mason County, and Pierce County. You may reach out to us via phone at (360) 249-6174 and (360) 742-2817. You may also send email at email@example.com or via Facebook / twitter at @SorianoLawLLC.