Can spousal support be increased when children are added to the mix?

In Washington, the answer is yes, spousal support can be increased when children are added to the mix. This is called an upward modification of spousal support. According to Washington State law, a court may increase the spousal support payments if one of the parties experiences a significant change of circumstances. Having a new child may be the basis of a significant change of circumstances which might allow for an upward modification of the existing spousal support. When a court makes a spousal support decision, it considers the parent’s ability to pay, quality of life and the hardship that the non-paying party would experience if that support was not provided. Adding a child to the mix changes the ability of those criteria, and can be basis of an increase in support. A court may also consider factors such as the non-custodial parent’s financial capability in order to make a decision. Though the court may choose to increase the spousal support, it is important to remember that it is not a guarantee. The court may preserve the existing level of support or even reduce it. It is important to speak with a lawyer familiar with spousal support laws in Washington in order to understand the exact implications of having a child in the home.

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Can spousal support be increased when children are added to the mix?

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