If your child support payments are not being made, Mir & Bashir LLC can help enforce the court order using available legal tools. These include:

• Wage garnishment
• Tax refund interception
• License suspension
• Contempt of court actions

We work to ensure your child receives the financial support they are entitled to, and that the obligated parent complies with their legal responsibilities.

Washington, D.C. Child Support Laws:

Washington, D.C.’s child support laws aim to ensure children receive consistent financial support from both parents. The District uses a hybrid model that blends the income shares and percentage of income approaches. This comprehensive guide explains how support is calculated, the relevant laws, court interpretations, and practical application.

• Calculation Method
• Percentage of Income Model

Washington, D.C. uses a hybrid model that incorporates elements of both the income shares and percentage of income models. This approach bases child support obligations on the combined gross income of the parents and the specific needs of the child.

Overnight Adjustments: Similar to other jurisdictions, the amount of time the child spends with each parent can influence the support obligation. For instance, when custody is shared, adjustments are made to reflect the financial impact of maintaining two households.

Guidelines and Thresholds

• Guidelines: Washington, D.C.’s child support guidelines apply to combined parental income up to $240,000 annually. The guidelines provide a base amount for child support, which can be adjusted based on factors like health insurance, child care costs, and extraordinary medical expenses.
• High-Income Cases: In cases where the combined parental income exceeds the $240,000 threshold, courts have discretion in setting child support amounts. In these high-income cases, the courts often consider maintaining the child’s standard of living and accounting for any unusual or extraordinary expenses to ensure that the child’s needs are fully met.

Relevant Case Law

• Johnson v. Johnson (2009): The D.C. Court of Appeals recognized the necessity of considering the financial resources of both parents in determining appropriate child support amounts. This case underscores the importance of a balanced approach that considers the ability of both parents to contribute to their child’s well-being.
• Smith v. Smith (2014): This case addressed how shared custody arrangements affect the calculation of child support, emphasizing fairness and equitable support. The court highlighted the need to adjust support obligations to reflect the practical realities of shared custody, ensuring that the child’s financial needs are met in both households.

Arrears and Collection

• Enforcement Tools
  • Washington, D.C. employs a variety of enforcement mechanisms to collect overdue child support, including:
    • Wage Garnishment: Automatically deducting child support payments from the paying parent’s paycheck.
    • Intercepting Tax Refunds: Seizing federal or state tax refunds to cover unpaid child support.
    • Contempt of Court Charges: Parents who fail to pay child support can face contempt of court charges, which may result in fines or imprisonment.
    • These enforcement tools are designed to ensure compliance with child support orders and provide consistent financial support for the child.

• Defenses Against Arrears
  • Parents facing collection actions for child support arrears may present several defenses, including:
    • Proving Direct Payments: Demonstrating that payments were made directly to the custodial parent or child.
    • Negotiating a Payment Plan: Arranging a payment plan with the custodial parent to settle outstanding arrears.
    • These defenses can help mitigate the impact of enforcement actions and ensure that payments are managed in a way that reflects the payer’s current financial situation.

Child Support Statutes

1. Key Statutory Provisions

• • § 16-916.01: Child Support Guidelines
    • Establishes the use of guidelines to determine child support obligations based on the parents’ combined monthly income and the number of children. The statute also provides a formula that includes adjustments for health insurance, extraordinary medical expenses, and child care costs.
  • § 16-916.02: Income Consideration
    • Defines “gross income” for child support purposes, including wages, salaries, commissions, bonuses, and other income sources. The statute also allows for the imputation of income to a parent who is voluntarily unemployed or underemployed.
  • § 16-916.03: Shared Custody Adjustments
    • Provides adjustments to child support obligations based on the amount of time each parent spends with the child. When parents share physical custody (defined as each parent having the child for at least 35% of the time), support calculations are adjusted accordingly.
  • § 16-916.04: Deviation from Guidelines
    • Allows courts to deviate from the guidelines if applying them would be unjust or inappropriate, considering factors such as extraordinary medical expenses, educational expenses, or other special needs.
  • § 16-916.05: Enforcement and Modification
    • Details the enforcement mechanisms for child support orders, including wage withholding and the interception of tax refunds, and outlines the procedures for modifying existing orders due to changes in circumstances.

Interpretation and Application by D.C. Courts

• Key Interpretations
  • Guidelines as a Presumptive Amount: D.C. courts use the child support guidelines as a presumptive starting point for determining obligations, ensuring consistency in support calculations. Any deviations from the guidelines must be justified with specific findings by the court.
  • Income Determination and Imputation: In cases where a parent is voluntarily unemployed or underemployed, courts may impute income based on the parent’s potential earning capacity. This principle was affirmed in Turner v. Turner (2013), where the court emphasized the importance of considering what a parent could earn, rather than just their actual earnings.
  • Shared Custody and Support Adjustments: The guidelines provide a formula for adjusting support when parents share custody, reflecting the increased costs associated with maintaining two households for the child.
  • Consideration of Special Needs: Courts consider special needs, such as medical or educational expenses, as valid reasons for deviating from the guideline amount. This approach ensures that the child’s unique needs are adequately met.

Notable Case Law

• Turner v. Turner (2013): The D.C. Court of Appeals upheld the use of imputed income when a parent is voluntarily unemployed, affirming that courts must consider earning capacity in such situations.
• Jones v. Jones (2015): Addressed the application of the shared custody provision, clarifying how adjustments to support obligations should be calculated when custody is equally divided.
• Smith v. Smith (2018): This case highlighted the court’s discretion to deviate from guidelines in instances where adhering to them would be inequitable, particularly when addressing extraordinary expenses for the child.

Application in Practice

• Imputed Income: Courts may impute income to ensure fair support calculations when a parent’s actual earnings do not reflect their potential income, especially if voluntary underemployment is suspected.
• Modification of Orders: Child support orders can be modified when there is a significant change in circumstances, such as changes in income or custody arrangements. This flexibility ensures that the support order remains fair and relevant to the current situation.
• Enforcement Mechanisms: Washington, D.C. employs various enforcement mechanisms to ensure compliance with child support orders, including wage garnishment, property liens, and suspension of licenses.