SUPERIOR COURT OF WASHINGTON FOR [COUNTY] COUNTY
FAMILY LAW DIVISION
PETITION TO MODIFY CHILD SUPPORT ORDER
(Wash. Rev. Code §§ 26.09.170; 26.18; 26.19)
[// GUIDANCE: This template is intended for use in Washington state Superior Courts. It harmonizes with mandatory form FL Modify 501 but is drafted in a narrative, attorney-level format to allow for customization and the addition of sophisticated legal theories or factual detail not captured by check-box forms.]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Jurisdiction & Venue
- Allegations Supporting Modification
- Requested Modifications
- Child Support Calculation & Worksheets
- Enforcement & Remedies
- Representations and Warranties
- General Provisions
- Verification
- Certificate of Service
- Signature Block
1. DOCUMENT HEADER
Case No.: [_]
Assigned Judge: [_]
In re the:
• Parentage and Support of [CHILD(REN) NAME(S)], minor child(ren).
Petitioner: [PETITIONER FULL LEGAL NAME] (“Petitioner”)
Respondent: [RESPONDENT FULL LEGAL NAME] (“Respondent”)
Effective Date of Current Support Order: [DATE]
County Where Entered: [COUNTY]
2. RECITALS
A. The parties are the parents of the minor child(ren) identified above.
B. A valid child support order (“Existing Order”) was entered on the Effective Date.
C. Pursuant to Wash. Rev. Code § 26.09.170, this Petition seeks modification of the Existing Order based on the substantial change in circumstances detailed herein.
D. Good cause exists for the requested relief, and modification is in the best interests of the child(ren).
3. DEFINITIONS
“Child Support Schedule” means the Washington State Child Support Schedule codified at Wash. Rev. Code ch. 26.19.
“Net Income” has the meaning assigned in Wash. Rev. Code § 26.19.071 and all related administrative regulations.
“Substantial Change in Circumstances” means any material, involuntary, and continuing change impacting either parent’s ability to pay or the child(ren)’s financial needs, including but not limited to income fluctuation, health conditions, or changes to residential schedule, as contemplated by Wash. Rev. Code § 26.09.170(1)(b).
4. JURISDICTION & VENUE
4.1 Subject-Matter Jurisdiction. The Court has subject-matter jurisdiction over child support under Wash. Rev. Code chs. 26.09 and 26.26A.
4.2 Personal Jurisdiction. Both parties reside or transact sufficient activities within Washington to confer personal jurisdiction.
4.3 Venue. Venue is proper in [COUNTY] County under Superior Court Civil Rule 82 and Wash. Rev. Code § 26.09.
5. ALLEGATIONS SUPPORTING MODIFICATION
5.1 Change in Income. Since entry of the Existing Order:
a. Petitioner’s gross monthly income changed from $[OLD] to $[NEW]; and/or
b. Respondent’s gross monthly income changed from $[OLD] to $[NEW].
5.2 Child-Related Expenses. Extraordinary expenses have arisen for the child(ren), including [medical/educational/therapy] costs of approximately $[AMOUNT] per month.
5.3 Residential Schedule. The parenting plan entered on [DATE] modified residential time, shifting primary care to [Petitioner/Respondent] for [NUMBER] overnights per year.
5.4 Duration Since Entry. More than twenty-four (24) months have elapsed since entry of the Existing Order, satisfying the periodic review ground under Wash. Rev. Code § 26.09.170(1)(c)(ii).
5.5 Best Interests. The requested modification aligns with the child(ren)’s best interests, providing stability and adequate financial support.
6. REQUESTED MODIFICATIONS
Petitioner respectfully requests that the Court enter an amended child support order that:
6.1 Recalculates each parent’s support obligation consistent with the Child Support Schedule and Worksheets attached as Exhibit A.
6.2 Sets basic child support at $[AMOUNT] per month, allocated as follows:
• Petitioner: $[AMOUNT]
• Respondent: $[AMOUNT]
6.3 Orders proportional sharing of daycare, uninsured medical, and extracurricular expenses per Wash. Rev. Code § 26.19.080, with each parent paying the following percentages:
• Petitioner: [] %
• Respondent: [] %
6.4 Continues support until the later of the child’s eighteenth (18th) birthday or graduation from high school, or as otherwise provided by statute or court order.
6.5 Issues an Immediate Income Withholding Order pursuant to Wash. Rev. Code § 26.18.060, directing the obligor’s employer to withhold wage deductions up to fifty percent (50 %) of disposable earnings.
6.6 Awards judgment for any support arrears accruing through the date of entry, plus statutory interest.
6.7 Grants such other and further relief as equity and justice require.
7. CHILD SUPPORT CALCULATION & WORKSHEETS
[// GUIDANCE: Attach mandatory Child Support Schedule Worksheets. Ensure the Worksheets reflect line-item deductions allowed by RCW 26.19.071 (federal taxes, Social Security, mandatory retirement, union dues, etc.).]
7.1 Standard Calculation. Support is computed using the parties’ Net Incomes and the Economic Table (Wash. Rev. Code § 26.19.020).
7.2 Deviation Factors. Petitioner requests a deviation based on:
• Income of current spouse/domestic partner (RCW 26.19.075(1)(b));
• Extraordinary debt (RCW 26.19.075(1)(c));
• Residential split-custody arrangement (RCW 26.19.075(1)(d)).
7.3 Post-Secondary Support. The Court should reserve jurisdiction to determine post-secondary educational support under RCW 26.19.090.
8. ENFORCEMENT & REMEDIES
8.1 Wage Garnishment. The amended order shall constitute a mandatory wage assignment instrument. Non-compliance subjects the obligor to all remedies under Wash. Rev. Code ch. 26.18, including but not limited to:
a. Certified judgment liens;
b. License suspension;
c. Contempt sanctions and incarceration.
8.2 Interest & Penalties. Unpaid support shall accrue interest at twelve percent (12 %) per annum, compounded annually, or the statutory rate then in effect.
8.3 Attorneys’ Fees. The prevailing party in any enforcement action is entitled to reasonable attorneys’ fees and costs.
9. REPRESENTATIONS AND WARRANTIES
9.1 Accuracy of Information. Petitioner warrants that all financial data supplied herein and in accompanying Worksheets is true, correct, and complete to the best of Petitioner’s knowledge.
9.2 Duty to Supplement. Petitioner covenants to promptly supplement disclosures should material inaccuracies be discovered.
9.3 Survival. The representations in Section 9 survive entry of the amended child support order.
10. GENERAL PROVISIONS
10.1 Amendment & Waiver. Any waiver or modification of these requests must be in writing and approved by the Court.
10.2 Severability. If any portion of the amended order is found unenforceable, the remaining provisions shall remain in full force.
10.3 Integration. This Petition, along with the Exhibits, constitutes the complete statement of relief sought; prior oral statements are merged herein.
10.4 Electronic Signatures. Signatures transmitted electronically or by facsimile shall be deemed originals for all purposes.
11. VERIFICATION
I, [PETITIONER NAME], certify under penalty of perjury under the laws of the State of Washington that the foregoing statements are true and correct to the best of my knowledge.
Date: [DATE]
Place: [COUNTY], Washington
[PETITIONER NAME]
Petitioner
12. CERTIFICATE OF SERVICE
I certify that on [DATE], I caused a true and correct copy of this Petition and all supporting documents to be served on Respondent by:
☐ Personal service via [PROCESS SERVER]
☐ First-class mail, postage prepaid, to [ADDRESS]
☐ Other: [DESCRIBE]
[SERVER NAME & TITLE]
13. SIGNATURE BLOCK
Prepared by:
[ATTORNEY NAME], WSBA No. [____]
Attorney for Petitioner
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
[// GUIDANCE: Before filing, double-check local court rules for mandatory cover sheets and case scheduling orders. File the Petition with the clerk, pay any required filing fee, and obtain a hearing date. Serve Respondent promptly to avoid dismissal for failure to prosecute.]