Posted On June 24, 2024 Child Support
According to the Administration for Children and Families, US parents paid over $30 billion worth of child support payment in 2021. Mostpeople believe that child support obligations end when the child reaches the age of 18. In actual practice, however, the child support law of Washington state is considerably more nuanced.
The general rule is that a non-custodial parent’s child support obligations end when the child graduates from high school or turns 18, whichever happens later. If, for example, your child turns 18 while a senior in high school, you’re still on the hook until graduation day. On the other hand, even if your child graduates from high school at 17, you’re still on the hook until your child’s 18th birthday.
Your child, however, cannot game the system by repeatedly flunking high school to avoid graduation. The aging out rule includes a hard deadline on your child’s 19th birthday. If they haven’t graduated from high school by then, they cannot use this rule to keep you on the hook for child support payments.
There are several circumstances under which your child support obligations might end before your child turns 18.
Obviously, a deceased child cannot enjoy child support benefits. The death of a child is a tragedy, but it does end child support obligations.
Under the right circumstances, Washington state law allows a child to become legally emancipated before the age of 18. State law considers an ‘emancipated’ child to be legally independent and self-sufficient. Circumstances which might justify emancipation include marriage, military service, and certain other circumstances. Legal emancipation requires a court order, and the courtis are under no obligation to approve such a petition.
Child support is an amount that is typically paid to the custodial parent by the non-custodial parent. If the court switches child custody to you such that your child is now living with you, it might also modify the child support order in your favor.
Under the below-described circumstances, the child or the custodial parent can petition the court for an extension of child support obligations past the age of 18.
A court might order a non-custodial parent to support their child’s needs even after they turn 18, so that they can attend college or vocational school. The petitioner must prove the child’s continuing need for financial support. If that happens, your support obligations might continue until the child graduates (or should have graduated).
A Washington family court doesn’t have to extend your child support liability long enough to cover your child’s post-secondary education. This is a matter of the court’s discretion.
If your child is disabled, your child support obligations might extend beyond the age of 18. The petitioner (typically the custodial parent) must prove that the child has a physical or mental disability that prevents them from attaining adult self-sufficiency. The petitioner will have to prove that the child requires ongoing care. In this case, your support obligations might continue indefinitely as long as the disability continues.
If you owe back child support, your obligation does not end just because your child turned 18. You can remain liable no matter how old your child is. It is the custodial parent, not your child, who has the right to sue you for back child support.
There is no reason why you should feel obligated to assume child support obligations beyond the applicable legal deadline. After all, even if a Washington state court terminates your legal liability for child support, you can still provide support on a voluntary basis. On the other hand, you should demand that the other parent pay every dime that they legitimately owe. Schedule a consultation with a Washington state family lawyer to explore your legal options.
To learn more and get the help you deserve, call our child support lawyers or reach out to Twyford Law Office online by visiting our contact us page.
We serve in King County and Spokane County in Washington and its surrounding areas. You can also visit our offices. We are conveniently located in Seattle, Spokane & Bellevue:
Twyford Law Office – Seattle Office
814 Second Avenue, Suite 515,
Seattle, WA 98104
(206) 590-7085
Twyford Law Office – Spokane Office
430 W Indiana Ave,
Spokane, WA 99205.
(509) 327 0777
Twyford Law Office – Bellevue Office
1408 140th Pl NE Suite 400,
Bellevue, WA 98007
(425) 517-3350
Our Seattle Office
814 Second Avenue 515,
Seattle, WA 98104
(206) 590-7085
Our Spokane Office
430 W Indiana Ave,
Spokane, WA 99205
(509) 327 0777
Our Bellevue Office
1408 140th Place NE, Suite 400,
Bellevue, WA 98007
(425) 517 3350.
