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max713
max713, Lawyer
Category: Family Law
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My ex and I have 50/50 custody of both of our children (in

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My ex and I have 50/50 custody of both of our children (in Washington State). I have been paying him child support based on our incomes, for the past 5 years. Over the summer I lost my job then found a new one and barely make half of what I did before. Do I file a modification or an adjustment? He is also remarried and has another child with his new wife. Is that going to affect the outcome and is it ever possible for child support to be reversed even if the parenting plan stays the same?

max713 :

Hi. I thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.

You are eligible to file a motion for adjustment in Washington if (1) it's been 2 years since the support order AND (2) your income has changed.

max713 :

Then, you can base a petition for modification of child support if (1) you meet the above requirements to file a motion for adjustment; (2) a year has passed since the support order and the order has caused you a severe hardship; OR (3) there has been a SUBSTANTIAL change in circumstances since the support order.

max713 :

An adjustment is typically preferred to modifying as it is faster, simpler, and typically requires only one hearing.

max713 :

Also, an adjustment is typically ONLY to adjust the amount of support paid.

max713 :

If that seems right to you, this site contains the necessary forms: http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=53

max713 :

A modification is for daycare, educational, or other expenses not in the support order, for other considerations, or if one does not qualify for an adjustment.

max713 :

These are the state forms for modification: http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=8

max713 :

Do you have any follow up questions? I welcome any and all - as I am here to serve you.

Customer: The second porton of my question...it it possible that my ex would end up paying me child support being that he makes more than me?
max713 :

If you have 50/50 custody with no named primary, it is possible per a modification that such an arrangement could take place - yes.

max713 :

Do you have any further questions? I welcome any and all - as I am here to serve you.

max713 :

If not, please remember to rate me positively for my service to you prior to exiting this forum.

max713 :

But, if so, please ask away - as, again, I am still here to serve you.

Customer: I believe we are both named as primary. One last question: when it comes to our case, does it matter that he is married and has another child?
max713 :

It will only matter if (a) it interferes with his time or ability to parent the child at issue or (b) he pays support for the other child, increasing his obligations.

max713 :

Again, please do not forget to rate me well for my service to you, by either clicking the "smiley face" or a rating above "OK".

Customer: Thank you very much! This was worth piece of mind!
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