Worried Grandpa

[jamesnjo10]

What is the name of your state?What is the name of your state? Washington.

I'm asking a question on behalf of my son. His wife as taken their five month old son and moved in with her mother. She's been away since December 22nd. It remains to be seen whether she will request a divorce or seperation. My son does not want one and says he doesn't understand why she left. He still maintains connect with her and their son, supports their needs as best he can with his low wage job, and continues to patiently await her wishes in regard to the continuation of their marriage.

Recently he discovered that his wife has spoken to whichever authorities would be able to garnish his wages for child support. He's been told that she can do this (have his paycheck garnished) without him having any say in the matter. Is this possible? This young man is struggling to hold his marriage together, part of which entails driving thirty miles one way several times a week in order to see his son, only to have his means and efforts undercut by an arbritrary ruling. I certainly hope this is not the case.

 

[BL]

There has to be a Petition to the Court for Child Support . He would be served a summons .
ONLY the Court can make an Order to pay child support , and they would do it
calculating his income .

By the sounds of it , she the wife does not plan on reconciling soon , or ever .

If she goes through with the Petition , he should file a Petition for Joint Legal Custody of his children , and Visitation Orders . He should ask for a Least every other weekend , some major holidays , Fathers Day , 2 - 4 weeks out of the summer , and some time during extended school vacations .

He should see what can be worked out as far as transportation , but 30 mins. each way is not at all unreasonable .

Perhaps you could help him out on travel and the care of the child(ren) when he can't during visits , until he gets home .

If it works out fine , if not the orders will be in place .

 

[jamesnjo10]

Thank you for your reply. It sounds as though my son can expect, at the very least, to have his day in court regarding payment of child support. But now I am wondering if this issue of having his wages garnished is to do with some other type of support and through some agency other than the courts. I guess I need to ask a few more questions of my son so that I know what I'm talking about. Thanks again for your prompt response.

 

[LdiJ]

Thank you for your reply. It sounds as though my son can expect, at the very least, to have his day in court regarding payment of child support. But now I am wondering if this issue of having his wages garnished is to do with some other type of support and through some agency other than the courts. I guess I need to ask a few more questions of my son so that I know what I'm talking about. Thanks again for your prompt response.

Yes your son can have his "day in court" regarding child support. However you must understand that child support is literally automatic if parents are separated. If they are not together, and the child is living with mom...your son is going to have to pay child support. If mom has applied for state aid that makes it even more automatic.

 

[jamesnjo10]

When you use the term "seperated" do you mean in the legal sense (an action of the court) or merely in the spatial sense meaning that they are not living together? Please pardon my ignorance.

It is boggling my mind that a spouse who leaves of their own volition, taking the child out of the home against the will of the remaining spouse, can then automatically have child support adjudicated by the court.

One thing my son is concerned about is that the money that the court will award the mother from his paycheck will be used for many other things besides support of his child. What legal recourse, I wonder, would he have to guard against this?

 

[BL]

Unfortunately , yes . If the mother leaves with the children , she can Petition , or if she is receiving State Aid ,the State will Petition the Court for a Child Support Order .

It does not matter if it's a Legal Separation by Court Order or not .

Generally , If the Person Ordered to pay Child Support does not pay it or fails to pay it in full repeatedly , and order can be placed , through the Court to garnish the wages .

The person paying support can not say how the payments are being spent .

If the Parent or an anonymous concerned citizen would be concerned about child abuse or neglect , they should call their State's 800 # and report the Possibility they exist .

Having said that and as I stated earlier , he also has a right to Petition the Court for Custody , or Joint Custody/Visitations .

 

[USMOM]

While, your son cannot determine how the payments are spent he can request that the case be referred to mediation to determine how other arrangements are made. (Revised Code of Washington Annotated; Title 26, Chapters 26.09.015, 26.09.030, and 26.09.181) A mediation process can help a divorcing couple work through issues and help them to learn how to parent well even though they are not together. If both parties are genuinly participating in the process. It is also much less expensive than a long legal battle.

 

[jamesnjo10]

I get it. The quarter dropped, as they say. Thank you very much for making all these details clear to us.