Does a Parent Need to Support a 19 Year Old Still in High School in Washington?
Full Question:
Answer:
The answer will depend on whether there is a divorce decree and order for support. If so, the terms of the order will govern. if not, a parent in Washington generally owes a duty of support for a child until the child turns 18. However, it is possible for the court to order support to extend beyond 18 in order to complete high school.
Please see the following WA statutes:
RCW 26.09.170 (1) Except as otherwise provided in subsection (7) of
RCW 26.09.070,....
(1) Except as otherwise provided in subsection (7) of RCW 26.09.070,
the provisions of any decree respecting maintenance or support may be
modified: (a) Only as to installments accruing subsequent to the petition
for modification or motion for adjustment except motions to compel
court-ordered adjustments, which shall be effective as of the first date
specified in the decree for implementing the adjustment; and, (b) except
as otherwise provided in subsections (5), (6), (9), and (10) of this
section, only upon a showing of a substantial change of circumstances.
The provisions as to property disposition may not be revoked or
modified, unless the court finds the existence of conditions that justify
the reopening of a judgment under the laws of this state.
(2) Unless otherwise agreed in writing or expressly provided in the
decree the obligation to pay future maintenance is terminated upon the
death of either party or the remarriage of the party receiving maintenance.
(3) Unless otherwise agreed in writing or expressly provided in the
decree, provisions for the support of a child are terminated by
emancipation of the child or by the death of the parent obligated to
support the child.
(4) Unless expressly provided by an order of the superior court or a
court of comparable jurisdiction, the support provisions of the order are
terminated upon the marriage to each other of parties to a paternity order,
or upon remarriage to each other of parties to a decree of dissolution. The
remaining provisions of the order, including provisions establishing
paternity, remain in effect.
(5) An order of child support may be modified one year or more after it
has been entered without showing a substantial change of circumstances:
(a) If the order in practice works a severe economic hardship on either
party or the child;
(b) If a party requests an adjustment in an order for child support which
was based on guidelines which determined the amount of support according to
the child's age, and the child is no longer in the age category on which
the current support amount was based;
(c) If a child is still in high school, upon a finding that there is a
need to extend support beyond the eighteenth birthday to complete high
school; or
(d) To add an automatic adjustment of support provision consistent with
RCW 26.09.100.
(6) An order or decree entered prior to June 7, 1984, may be modified
without showing a substantial change of circumstances if the requested
modification is to:
(a) Require health insurance coverage for a child named therein; or
(b) Modify an existing order for health insurance coverage.
(7) An obligor's voluntary unemployment or voluntary underemployment, by
itself, is not a substantial change of circumstances.
(8) The department of social and health services may file an action to
modify an order of child support if public assistance money is being paid
to or for the benefit of the child and the child support order is
twenty-five percent or more below the appropriate child support amount set
forth in the standard calculation as defined in RCW 26.19.011 and reasons
for the deviation are not set forth in the findings of fact or order. The
determination of twenty-five percent or more shall be based on the current
income of the parties and the department shall not be required to show a
substantial change of circumstances if the reasons for the deviations were
not set forth in the findings of fact or order.
(9)(a) All child support decrees may be adjusted once every twenty-four
months based upon changes in the income of the parents without a showing of
substantially changed circumstances. Either party may initiate the
adjustment by filing a motion and child support worksheets.
(b) A party may petition for modification in cases of substantially
changed circumstances under subsection (1) of this section at any time.
However, if relief is granted under subsection (1) of this section,
twenty-four months must pass before a motion for an adjustment under (a) of
this subsection may be filed.
(c) If, pursuant to (a) of this subsection or subsection (10) of this
section, the court adjusts or modifies a child support obligation by more
than thirty percent and the change would cause significant hardship, the
court may implement the change in two equal increments, one at the time of
the entry of the order and the second six months from the entry of the
order. Twenty-four months must pass following the second change before a
motion for an adjustment under (a) of this subsection may be filed.
(d) A parent who is receiving transfer payments who receives a wage or
salary increase may not bring a modification action pursuant to
subsection (1) of this section alleging that increase constitutes a
substantial change of circumstances.
(e) The department of social and health services may file an action at
any time to modify an order of child support in cases of substantially
changed circumstances if public assistance money is being paid to or for
the benefit of the child. The determination of the existence of
substantially changed circumstances by the department that lead to the
filing of an action to modify the order of child support is not binding
upon the court.
(10) An order of child support may be adjusted twenty-four months from
the date of the entry of the decree or the last adjustment or modification,
whichever is later, based upon changes in the economic table or standards
in chapter 26.19 RCW.
RCW 26.16.205 The expenses of the family and the education of the children,
including....
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.
RCW 26.21A.010 In this chapter:
In this chapter:
(1) "Child" means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of a
support order directed to the parent.
(2) "Child support order" means a support order for a child, including a
child who has attained the age of majority under the law of the issuing
state.
...
RCW 26.28.010 Except as otherwise specifically provided by law, all persons
shall be....
Except as otherwise specifically provided by law, all persons shall be
deemed and taken to be of full age for all purposes at the age of eighteen
years.
RCW 26.19.090 (1) The child support schedule shall be advisory and not
mandatory for....
(1) The child support schedule shall be advisory and not mandatory for
postsecondary educational support.
(2) When considering whether to order support for postsecondary
educational expenses, the court shall determine whether the child is in
fact dependent and is relying upon the parents for the reasonable
necessities of life. The court shall exercise its discretion when
determining whether and for how long to award postsecondary educational
support based upon consideration of factors that include but are not
limited to the following: Age of the child; the child's needs; the
expectations of the parties for their children when the parents were
together; the child's prospects, desires, aptitudes, abilities or
disabilities; the nature of the postsecondary education sought; and the
parents' level of education, standard of living, and current and future
resources. Also to be considered are the amount and type of support that
the child would have been afforded if the parents had stayed together.
(3) The child must enroll in an accredited academic or vocational school,
must be actively pursuing a course of study commensurate with the child's
vocational goals, and must be in good academic standing as defined by the
institution. The court-ordered postsecondary educational support shall be
automatically suspended during the period or periods the child fails to
comply with these conditions.
(4) The child shall also make available all academic records and grades
to both parents as a condition of receiving postsecondary educational
support. Each parent shall have full and equal access to the postsecondary
education records as provided in RCW 26.09.225.
(5) The court shall not order the payment of postsecondary educational
expenses beyond the child's twenty-third birthday, except for exceptional
circumstances, such as mental, physical, or emotional disabilities.
(6) The court shall direct that either or both parents' payments for
postsecondary educational expenses be made directly to the educational
institution if feasible. If direct payments are not feasible, then the
court in its discretion may order that either or both parents' payments be
made directly to the child if the child does not reside with either parent.
If the child resides with one of the parents the court may direct that the
parent making the support transfer payments make the payments to the child
or to the parent who has been receiving the support transfer payments.
RCW 26.19.090 (1) The child support schedule shall be advisory and not
mandatory for....
(1) The child support schedule shall be advisory and not mandatory for
postsecondary educational support.
(2) When considering whether to order support for postsecondary
educational expenses, the court shall determine whether the child is in
fact dependent and is relying upon the parents for the reasonable
necessities of life. The court shall exercise its discretion when
determining whether and for how long to award postsecondary educational
support based upon consideration of factors that include but are not
limited to the following: Age of the child; the child's needs; the
expectations of the parties for their children when the parents were
together; the child's prospects, desires, aptitudes, abilities or
disabilities; the nature of the postsecondary education sought; and the
parents' level of education, standard of living, and current and future
resources. Also to be considered are the amount and type of support that
the child would have been afforded if the parents had stayed together.
(3) The child must enroll in an accredited academic or vocational school,
must be actively pursuing a course of study commensurate with the child's
vocational goals, and must be in good academic standing as defined by the
institution. The court-ordered postsecondary educational support shall be
automatically suspended during the period or periods the child fails to
comply with these conditions.
(4) The child shall also make available all academic records and grades
to both parents as a condition of receiving postsecondary educational
support. Each parent shall have full and equal access to the postsecondary
education records as provided in RCW 26.09.225.
(5) The court shall not order the payment of postsecondary educational
expenses beyond the child's twenty-third birthday, except for exceptional
circumstances, such as mental, physical, or emotional disabilities.
(6) The court shall direct that either or both parents' payments for
postsecondary educational expenses be made directly to the educational
institution if feasible. If direct payments are not feasible, then the
court in its discretion may order that either or both parents' payments be
made directly to the child if the child does not reside with either parent.
If the child resides with one of the parents the court may direct that the
parent making the support transfer payments make the payments to the child
or to the parent who has been receiving the support transfer payments.
