• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

OCS File Judgement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

payyourcs

Member
What is the name of your state (only U.S. law)? WA
My ex owes me over 90 grand by now. The last judgement was filed about 10 years ago now. Can I ask the Office of Child Support to do a judgement on the arrearage?
I didn't know if anyone has had this done before or if I must do it on my own.
 


Has anyone ever had support enforcement file a judgement on arrearages?
I had this question before and called to talk to the CSE office in Snohomish Co. They couldn' tell me wether or not they could do this. Thus I doubt they do. There is nothing in it for them to do so. You are better off going to court and getting it yourself.

WA allows 12% interest.

What actions has CSE taken against your X to enforce your order?
 

payyourcs

Member
Many many years ago they issued a few contempt orders. He would get a bench warrant then it would be squashed. This happened several times. They took away his license and he got it back by paying $5000. He tried recently to change his support amount yet didn't follow all the way thru with providing a current paystub so they dropped the case.
I called OSE and they said they will be doing something like taking away his driver license again unless he pays a big chunk. There is really nothing more they can do thanks to our laws in this state.
He can play all day, work when he wants, pay what he wants. No accountability in this state. No way to enforce a deadbeat that can work under the table.
 

Gracie3787

Senior Member
Has anyone ever had support enforcement file a judgement on arrearages?
I have heard several times that CS arrears that have been reduced to a judgement are dischargable in a bankruptcy, but I never knew for sure until today. I spoke to a local bankruptcy attorney and learned that yes, if the arrears are reduced to a judgemnet, they can be discharged.
So, getting a judgement might not be the best thing to do, you should get a quick consult with a bankruptcy attorney to make sure.
 

payyourcs

Member
Interesting. I always heard that if it's child support, it never goes away in a bancruptcy. That makes me wonder now! Thanks for the thoughts. :)
 

Zigner

Senior Member, Non-Attorney
Interesting. I always heard that if it's child support, it never goes away in a bancruptcy. That makes me wonder now! Thanks for the thoughts. :)
Once you get a "judgment" on it, it's not longer CS arrears...it's just a judgment.
 
Once you get a "judgment" on it, it's not longer CS arrears...it's just a judgment.
If that is the case, why will CSE still enforce and collect on the judgement? I mean if it is no longer considered associated with child support. I know for a fact that here in WA CSE will enforce the collection of arrears and will also collect on the interest, if the arrears have been reduced to a judgement. Are bankruptcy laws also state specific, and if so might it be different here in WA vs. where Gracie is (sorry Gracie can't remember where you are from)?
 

TheGeekess

Keeper of the Kraken
If that is the case, why will CSE still enforce and collect on the judgement? I mean if it is no longer considered associated with child support. I know for a fact that here in WA CSE will enforce the collection of arrears and will also collect on the interest, if the arrears have been reduced to a judgement. Are bankruptcy laws also state specific, and if so might it be different here in WA vs. where Gracie is (sorry Gracie can't remember where you are from)?
Nope, bankruptcy courts are federal.
"Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan."
United States Bankruptcy Courts

ETA: (From Chapter 7 bankruptcy basics)
"Among the schedules that an individual debtor will file is a schedule of "exempt" property. The Bankruptcy Code allows an individual debtor (4) to protect some property from the claims of creditors because it is exempt under federal bankruptcy law or under the laws of the debtor's home state. 11 U.S.C. § 522(b). Many states have taken advantage of a provision in the Bankruptcy Code that permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, the individual debtor has the option of choosing between a federal package of exemptions or the exemptions available under state law. Thus, whether certain property is exempt and may be kept by the debtor is often a question of state law. The debtor should consult an attorney to determine the exemptions available in the state where the debtor lives."
http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter7.html

So, it's a federal thing, but states may decide what can be exempt from bankruptcy.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top