Residential Credit

What is the name of your state? Washington

Does the court have to consider residential credit of the non-custodial parent as part of the child support worksheet? I have not seen a RCW that addresses the issue.

Does the number that the child support worksheets spit out have to be the number chosen by the judge or can he choose something else?

Can the non-custodial parent that is paying a majority of child support demand receipts for what is spent on the children by the custodial parent?

Can a judge rule against an RCW(statute) ?

Airlenny1

airlenny1 said:

What is the name of your state? Washington

Does the court have to consider residential credit of the non-custodial parent as part of the child support worksheet? I have not seen a RCW that addresses the issue.

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It's state-specific. Most states have basic visitation built into the guidelines. Some will consider the number of overnights when running the calculation, some won't.

airlenny1 said:

Does the number that the child support worksheets spit out have to be the number chosen by the judge or can he choose something else?

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Generally, judges have leeway. But the guideline is often considered the minimum support a judge will order.

airlenny1 said:

Can the non-custodial parent that is paying a majority of child support demand receipts for what is spent on the children by the custodial parent?

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No.

airlenny1 said:

Can a judge rule against an RCW(statute) ?

Airlenny1

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As I said - the judges have leeway. The guidelines are just that - guidelines. But it's rare that a judge would order below guideline unless it's by the parties agreement.

Airlenny1

The State is Washington.


Thanks for the reply. The last question about a judge ruling against a statute was meant in a general sense. If a statute says one thing, can a judge order something that is in conflict with that statute?

Also, if one cannot order receipts that reflect how the child support is spent then how does the court know that the kids are being cared for? Can one subpoena the receipts as part of a motion to find out how the money is being spent?

Airlenny1

airlenny1 said:

Also, if one cannot order receipts that reflect how the child support is spent then how does the court know that the kids are being cared for? Can one subpoena the receipts as part of a motion to find out how the money is being spent?

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All the court wants to know is are the kids fed, clothed and housed. The court will NOT micromanage how the CP spends the support. The courts are jammed as it is - they will not get into whether the CP bought 3 pairs of socks for your kid but 10 for her other one and whether that money came from your support or not. They're just not going to do it.