(1) The basic child support obligation derived from
the economic table shall be allocated between the parents based
on each parent's share of the combined monthly net income.
(2) Health care costs are not included in the economic
table. Monthly health care costs shall be shared by the parents
in the same proportion as the basic child support obligation.
Health care costs shall include, but not be limited to, medical,
dental, orthodontia, vision, chiropractic, mental health
treatment, prescription medications, and other similar costs for
care and treatment.
(3) Day care and special child rearing expenses, such as
tuition and long-distance transportation costs to and from the
parents for visitation purposes, are not included in the economic
table. These expenses shall be shared by the parents in the same
proportion as the basic child support obligation. If an obligor
pays court or administratively ordered day care or special child
rearing expenses that are not actually incurred, the obligee must
reimburse the obligor for the overpayment if the overpayment
amounts to at least twenty percent of the obligor's annual day
care or special child rearing expenses. The obligor may
institute an action in the superior court or file an application
for an adjudicative hearing with the department of social and
health services for reimbursement of day care and special child
rearing expense overpayments that amount to twenty percent or
more of the obligor's annual day care and special child rearing
expenses. Any ordered overpayment reimbursement shall be applied
first as an offset to child support arrearages of the obligor.
If the obligor does not have child support arrearages, the
reimbursement may be in the form of a direct reimbursement by the
obligee or a credit against the obligor's future support
payments. If the reimbursement is in the form of a credit
against the obligor's future child support payments, the credit
shall be spread equally over a twelve-month period. Absent
agreement of the obligee, nothing in this section entitles an
obligor to pay more than his or her proportionate share of day
care or other special child rearing expenses in advance and then
deduct the overpayment from future support transfer payments.
(4) The court may exercise its discretion to determine the
necessity for and the reasonableness of all amounts ordered in
excess of the basic child support obligation.
[2009 c 84 § 5; 1996 c 216 § 1; 1990 1st ex.s. c 2 § 7.]
NOTES:
Effective date -- 2009 c 84: See note following RCW 26.19.020.
Effective dates -- Severability -- 1990 1st ex.s. c 2: See notes following RCW 26.09.100.