Unfair to noncustodial parents

A presumption of innocence leads to very different legal outcomes than a presumption of guilt. Presumptions matter.

While most states automatically adjust child support obligations to account for shared residence time, in Washington a divorced parent with 49 percent custody is presumed to have zero child rearing expenses. The only way to receive credit for what we all know to be very real expenses, a “noncustodial” parent (less than 50 percent residence) has to prove to a Superior Court judge that they are an “exception,” worthy of a “deviation.”

This is an expensive undertaking with an uncertain outcome, as the law sets minimal guidance or discretionary limits for judges. Administrative law judges have no power to grant a deviation, regardless of circumstances.

The 2015 Washington Child Support Schedule Work Group once again takes up this legal artifact, facing opposition from family law attorneys who benefit from the conflict engendered by the status quo and judges who are loath to cede some of the complete discretion they currently enjoy.

But, for the first time, citizens across the state can help end discrimination against noncustodial parents through online participation at the Department of Social and Health Services website.

David Brown

Pullman