Can a Child Sue for Child Support in Washington?

Posted On April 25, 2024 Child Support

Parents have a duty to provide for their children’s needs. When parents separate or divorce, the court can order one parent to pay child support to the other. Child support is typically paid to the custodial parent, who has primary physical custody of the child.

Child support payments benefit the child, but they are paid to the custodial parent. Therefore, the right to sue for child support in Washington belongs to the parent receiving the payments, not the child.

Furthermore, a minor child does not have legal standing to file a lawsuit. As a result, a minor child generally cannot sue their parents for child support in Washington State.

Can I Sue My Parent for Back Child Support in Washington State?

Adult children often ask, “Can you sue for back child support after 18?” The question often arises when a parent owes back child support.

No, an adult child cannot sue their parents for back child support in Washington State. As discussed above, child support is paid to the custodial parent for the benefit of the child. Therefore, the right to sue for back child support belongs to the parent who should have received the support payments, even after the child is an adult.

Can I Sue My Parent To Pay Child Support While I Am in College in Washington State?

The court may order a parent to pay for post-secondary support for an adult-age child in college. However, the petition for post-secondary support must be filed with the court before the child turns 18 years old. If the current child support order extends support through high school graduation, the petition must be filed before the child graduates high school.

The parent or adult with primary care of the child is the person who typically petitions the court for post-secondary child support. The child cannot petition the court for support.

Typically, support payments for college-age children are paid directly to the college. However, if a child commutes from college to home, the support payments may be made to the parent with whom the child resides. The child generally does not receive secondary support payments directly.

The court considers many factors when deciding whether to order secondary support payments for college. Those factors include:

The costs and benefits of paying for a child’s college education
Whether the parents have the ability to pay for college expenses
The child’s academic performance in school and admission tests
Whether the parents would have paid for college had they not divorced

The amount of second support varies widely depending on the circumstances of the case. Washington Code §26.19.090 provides the standards for post-secondary educational support.

How Is Child Support Calculated in Washington State?

Child support is based on the state child support guidelines. The amount of child support is calculated based on the combined net income of both parents and the number of children to be supported. However, judges may consider other factors when calculating the amount of child support, including:

The ages of the children
Whether either parent receives spousal support
Other children your spouse or partner is helping support
The total number of children cared for by you or your live-in partner
Your current spouse’s or partner’s income
The standard of living the child enjoyed while the parents were together, especially in high-net-worth divorces
A child’s special needs

The standard child support guidelines are the beginning point for child support payments. Judges have the discretion to deviate from the child support guidelines for good cause.

Can I Sue My Child’s Other Parent for Failing To Pay Child Support?

A parent faces several consequences for failing to pay child support payments. Potential penalties for child support enforcement include:

Wage garnishment, including garnishing unemployment and workers’ comp benefits
Incarceration
Seizure of tax refunds
Contempt charges
Revocation or suspension of driver’s license
Disqualification for some government benefits
Cancellation of professional licenses

If your child’s other parent does not pay court-ordered child support, do not deny visitation, or you could face penalties for violating a visitation order. Instead, contact an experienced child support lawyer to discuss your options for enforcing a child support order in Washington State.

Contact the Washington Child Support Lawyers at Twyford Law Office To Get Legal Assistance Today

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. You can also visit our office at your nearest location.

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