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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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My husband is retiring from s job and has health problems.

Customer Question

My husband is retiring from his job and has health problems. We need to hire an attorney to update the child support agreement. Currently, he pays around $16000 per year or more. In Washington state, they look at the new spouses income and I don't want to have to list that information for privacy reasons. How do I protect myself as the new spouse?
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

First, here is the text of the applicable WA law:

RCW 26.19.071

Standards for determination of income.

(1) Consideration of all income. All income and resources of each parent's household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. Only the income of the parents of the children whose support is at issue shall be calculated for purposes of calculating the basic support obligation. Income and resources of any other person shall not be included in calculating the basic support obligation.

(2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs.

(3) Income sources included in gross monthly income. Except as specifically excluded in subsection (4) of this section, monthly gross income shall include income from any source, including:

(a) Salaries;

(b) Wages;

(c) Commissions;

(d) Deferred compensation;

(e) Overtime, except as excluded for income in subsection (4)(i) of this section;

(f) Contract-related benefits;

(g) Income from second jobs, except as excluded for income in subsection (4)(i) of this section;

(h) Dividends;

(i) Interest;

(j) Trust income;

(k) Severance pay;

(l) Annuities;

(m) Capital gains;

(n) Pension retirement benefits;

(o) Workers' compensation;

(p) Unemployment benefits;

(q) Maintenance actually received;

(r) Bonuses;

(s) Social security benefits;

(t) Disability insurance benefits; and

(u) Income from self-employment, rent, royalties, contracts, proprietorship of a business, or joint ownership of a partnership or closely held corporation.

(4) Income sources excluded from gross monthly income. The following income and resources shall be disclosed but shall not be included in gross income:

(a) Income of a new spouse or new domestic partner or income of other adults in the household;

NOTICE UNDER (4) ABOVE THAT IT SAYS that the new spouses income shall be disclosed. So to answer your question, it does not appear you have a choice but to make the disclosure; but also notice that you income cannot be used as child support itself.

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