Child support is intended to provide for your child’s needs—food, clothing, shelter, and education. But when payments don’t actually benefit your child, it’s natural to feel frustrated, concerned, and unsure of what to do next. In Washington, laws are designed to ensure child support is used properly, and parents have legal tools to challenge misuse.
At Story Law, our Bellevue-based child custody attorneys understand how vital these resources are for your child’s well‑being. Let’s walk through your options when child support isn’t serving its intended purpose.
1. Understand What Child Support Is Meant to Cover
In Washington, child support orders are based on state guidelines and intended to cover:
- Rent or mortgage and utilities
- Food and clothing
- Childcare, medical expenses, and insurance
- Educational expenses and extracurriculars
Custodial parents are expected to use these funds for the child’s needs—not personal expenses. Courts typically assume payments are used appropriately unless there’s evidence otherwise.
2. Ask the Other Parent for an Accounting
While custodial parents aren’t required to document every transaction, Washington law does allow non-custodial parents to request an accounting of how child support is used.
You can legally request information about how funds are spent. If misuse is evident—such as support being used for unrelated expenses—you can take further action.
3. Report Misuse to the Division of Child Support (DCS)
If you suspect support is being misused, contact the Washington Division of Child Support (DCS). They enforce orders and can investigate misuse or fraud.
DCS may take actions such as:
- Income withholding from the non-custodial parent
- Filing liens on property or seizing assets
- Suspending professional or recreational licenses
- Intercepting tax refunds
- Referring cases for contempt or criminal non-support
Letting DCS handle the issue ensures official intervention when child support isn’t appropriately applied.
4. Enforce Your Rights Through the Court
If DCS doesn’t resolve the issue, you can take direct legal action:
- File a petition to enforce the existing support order
- Provide evidence of misuse and ask the judge to intervene
- Ask the court for a repayment plan, compensation, or legal penalties
- Petition to modify custody or require structured accounting
Courts can hold non-custodial parents in contempt for misuse—a serious offense that may result in fines or jail time.
5. Understand the Consequences of Misuse or Non-Payment
If a non-custodial parent doesn’t pay or misuses support:
- Wage garnishment and asset liens
- Suspension of licenses and professional credentials
- Tax refund and passport holds
- Credit reporting of arrears
- Contempt or criminal prosecution for willful failure to pay
These measures are designed to deter misuse and ensure child support serves its purpose.
6. Modify or Adjust Child Support with Court Approval
If circumstances have changed—like one parent’s income, employment status, or your child’s needs—you can file for a modification of child support.
Changes might include:
- Adjusting support due to loss of income or increased expenses
- Structuring payments to ensure funds go directly to your child
- Formalizing a repayment plan for past-due support
Proper legal action ensures fairness and accountability in child support.
7. Don’t Withhold Visitation—It’s Not an Option
Importantly, withholding visitation to offset not receiving child support is not permitted. Visitation and support are legally independent matters.
If you deny visitation to gain leverage, the court may penalize you or reduce your custody rights. Address support issues through legal channels—not self-help.
8. File a Fraud Report If Necessary
Knowingly misrepresenting facts to avoid support or misuse payments may constitute child support fraud.
You can report suspected fraud to:
- Division of Child Support
- The Washington Welfare Fraud Hotline
Legal inquiries may trigger investigations and serious consequences.
9. Work With a Child Custody Attorney
Navigating these issues alone can be overwhelming. A qualified attorney can help:
- Collect and present evidence of misuse or non-payment
- Work with DCS and file legal motions
- Represent you in court enforcement hearings
- Guide you through modifications to protect your child’s financial needs
At Story Law, we provide experienced, strategic, and compassionate support to ensure your child’s support is used properly.
10. Put Your Child’s Needs First
Always center your actions on the well-being of your child. Focus on ensuring they receive the financial support they need—without becoming entangled in unnecessary conflict.
Open communication, clear evidence, and professional legal representation are the most effective tools to ensure child support serves its intended purpose.
Story Law Is Here To Help You
If your child support isn’t reaching your child, it’s time to act. Contact Story Law in Bellevue today to speak with a knowledgeable child custody attorney. We’ll help you ensure that child support funds are handled appropriately—and that your child’s best interests come first.
