RECENT WASHINGTON STATE DEVELOPMENTS
- STEP-PARENT SUPPORT -
Overview :
There are many different parties that may be liable for child support
during the time the child is a dependent. Without adopting the child,
a step parent may nevertheless find that he or she is obligated for
child support under certain circumstances
Who is obligated to pay child support?
Normally, no one is obligated to pay child support unless there is
a court order requiring payment. However, support in Washington may
be set administratively by the Department of Social and Health Services
(DSHS). Although no court hearing is required, the state can still issue
an enforceable adminstrative order for child support with ever having
to request a court hearing in the matter.
Typically, the parent that does not have physical custody of the child
is the one obligated to pay child support to the custodial parent. However,
in a third party custody action, where another party has custody of
the child, both parents may be required to pay child support.
The obligation of step parents to pay child support
A person who formally adopts a child court certainly be required to
pay child support should they lose primary custody of the child. Likewise,
the parent who gives their child up for adoption will be relieved of
future child support once the adoption has been finalized.
A step parent typically is not required to pay child support by simply
by marrying someone with a child from a previous relationship. However,
under some circumstances, the court may impose a child support obligation
while the dissolution is pending and before the dissolution is granted.
Statutory Law in Washington regarding step child support
The state law concerning the obligation of a step parent to pay child
support may be found in RCW 26.16.205 as well as the subsequent case
law.
RCW 26.16.205 Liability for family support--Termination of support
obligation of stepparent, when.
"The expenses of the family and the education of the children, including
stepchildren, are chargeable upon the property of both husband and
wife, or either of them, and they may be sued jointly or separately.
When a petition for dissolution of marriage or a petition for legal
separation is filed, the court may, upon motion of the stepparent,
terminate the obligation to support the stepchildren. The obligation
to support stepchildren shall cease upon the entry of a decree of
dissolution, decree of legal separation, or death."
-- Law
Office of Erik Bjornson
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of domestic relations law for use by non-lawyers in understanding
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considered legal advice, nor does it substitute for legal consultation
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