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Both parties were given orders, only one has honoured that order.

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What is the name of your state? Washington.
2005 an Order was handed down Re; paternity/custody/child support.
The court ruled that the male involved was the father without paternity procedure of medical tests. The The female and male had known each other less than one year and had lived at the same address for not more than 4 months. It was learned during the court hearings that the female was until one month before the final court ruling had been ordered to leave the country as a application for refugee status was denied and a visitors visa was 30 days expired at time of court ruling of custody ,thus rendering her an illegal alien whom was aware of her order to leave 30 days prior to the court ruling. She was given additional instructions in the ruling to depart from the country within 7 days time or a arrest warrant would be issued against her.
Mother was given sole custody with the following instructions.
(1) Keep the courts "decided father" informed of the child's whereabouts and well being.
(2) To provide updated photos of the child every four months.
(3) To maintain lines of communication as to afford these two rulings.

To Date: since the date of the ruling. there has been no communication to provide either of the two rulings on her part.
The amounts of child support have being to date kept up, through Child maintenance enforcement monitoring those payments.
Contact information has been maintained to receive and information and or photos however as said, there has been None.
Question is: Has she the mother violated a court order?. The way I see it is, one person is ordered to maintain a sum each month to the other as child support and fails or falls behind he or she accumulates a past due until rears are brought unto date. In contrast, what will and what should happen to the one failing to uphold her portion of the order?. In closing It is believed the mother has maintained a presence in this country illegally and accounts for her un willingness to uphold her portion of same order to avoid penalties and deportation. I feel any revenues given in good faith to honour the order should be made returnable to the payer from date of her deliberate refusal to honour her portion of the order. Think it could happen?
Thank you advance for any suggestions you may have.
 


I am the male reluctantly paying child support.seeking an end to continued payments as well to have past payments returned to me as she has not participated in the court order other than receiving the court ordered support.
 

Zigner

Senior Member, Non-Attorney
I am the male reluctantly paying child support.seeking an end to continued payments as well to have past payments returned to me as she has not participated in the court order other than receiving the court ordered support.
Child support and custody/visitation matters are separate. You won't get the child support back.
Why haven't you tried to have the orders enforced in the past ~13 years?
 

Just Blue

Senior Member
I am the male reluctantly paying child support.seeking an end to continued payments as well to have past payments returned to me as she has not participated in the court order other than receiving the court ordered support.
So you want to punish your child because his/her mother isn't following the court order? Really? You would do that to your child? Have you sought any visitation with the child?
 
It is clear from the day this woman lost her claim of refugee from mexico that her ability to stay in this country was to become pregnant and use that as her reason to be permitted to stay and obtain money in the process. The reason I have not enforced her portion of the order is, I do not agree the child is mine and there is no length of time of living in a same address to substantiate any legal obligation to provide support. In short ,I wanted and continue not wanting to provide support. I did so to date as I believe one can not ignore a court order and do not want to break any laws. However I from day one of making these payments it has been with my reluctance. I now feel ,enough is enough! I was duped into being no more than a avenue of possible way to stay and a source of money. She's here illegally ,if she's is found and deported back to mexico can I have the order turned over and ruled cancelled?
 
Point is this is not my child only the court ruled it is. If I believed this child is mine be it biologically we wouldn't be having this conversation. Im a film believer that in any such case a child is innocent and should not suffer the pitfalls of desperate people looking for a way to immigrate. deliberate intention to conceive a child for the purpose of immigration, failing other attempts,Is inexcusable. She should be made an example of to send a message to others planning to do the same without any regard of well being of an innocent life. In short ,I see the only good in her actions should be to be punished and her case made public in her country of origin to help prevent more instances being planned and avoid the truly innocent children from being abused by being thought of as no more than cash cows and leverage.
 

Just Blue

Senior Member
It is clear from the day this woman lost her claim of refugee from mexico that her ability to stay in this country was to become pregnant and use that as her reason to be permitted to stay and obtain money in the process. The reason I have not enforced her portion of the order is, I do not agree the child is mine and there is no length of time of living in a same address to substantiate any legal obligation to provide support. In short ,I wanted and continue not wanting to provide support. I did so to date as I believe one can not ignore a court order and do not want to break any laws. However I from day one of making these payments it has been with my reluctance. I now feel ,enough is enough! I was duped into being no more than a avenue of possible way to stay and a source of money. She's here illegally ,if she's is found and deported back to mexico can I have the order turned over and ruled cancelled?
Why didn't you request a DNA test when you went to court for the support hearing? Did you show up?
 

stealth2

Under the Radar Member
As I understand it, OP did request paternity testing, but was adjudged the father w/o same. Why, I don't know.

OP - it is up to you to file against her for contempt. That's pretty much it.
 

Eekamouse

Senior Member
OP, how do you KNOW this child isn't yours? You never got a paternity test through the court or otherwise so you DON'T know. Won't you feel like the jerk if a paternity test does get done and you find out this child has half your DNA.
 
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