Can a DC's administrative order be terminated with cease and desist

[Timmac74]

What is the name of your state? Wa

I am the legal custodian, primary residential custodian and payee for support. the divorce was 3/2018. last xmas, mom popped up out of nowhere and took son for a two week visit, she never returned him. she immediately filed for support to open an old admin order she got through tanf. there were no arrears owing but they let her reopen it for claiming physical possession of the child. I took her to court for contempt of the residential provision and won. I still cant locate my son who is 15 and dcs is taking 45% of my income through garnishment for support. she requested a modification hearing and that was 4/10. they refused to acknowledge the superior court order giving me legal custody, primary residential custody (80%) and will NOT stop this garnishment. they are taking the money and not applying it to the case, reporting me 100% in full blown arrears now. what can I do? they say they need a cease ande desist order. how do I get one? they are bleeding me of money so I cant afford an attorney now. this cant continue. shes in contempt and doesnt have legal rights to support or to keep my son from me and my residential parenting time. we are in washington state, skagit county. mom is somewhere in stevens county but I cant locate her or my son not even through schools. I think shes enrolled him online. there has to be a way to stop dcs from collecting and get my son back. I should mention my son has emotional issues and behavioral issues surrounding abandonment from his mother. He's been in counseling. But he's easily swayed and his condition could be easily manipulated, I'm assuming this is why I haven't heard from him. Mom has not been consistent in his life. Mom has moved 4 times since Xmas when she was in a recovery house. Her address is unknown. she abducted my son and is in contempt.

 

[Zigner]

Why do I get the feeling that this is still the step-mom posting?

 

[not2cleverRed]

https://www.dshs.wa.gov/esa/division-child-support/division-child-support-forms

Something doesn't add up. I think you need a lawyer, because you are having problems navigating basic things.

If you "won" and mom was found in contempt, then what were the consequences? Shouldn't one of the consequences be that the child be returned to the custodial parents?

Whatever happened on 4/10, I suspect that your greatest issue was your inability to respond to the petition appropriately. There is a process, and you have to follow that process in order for the system to work for you.

I don't know where or how you erred, but a consult with a Family Law lawyer might save you a lot of money in the long run.

 

[Timmac74]

The condition of the contempt only stated "mother can overturn the contempt by modification to the parenting plan". They fined her $100 and wrote "DCS to suspend two months Dec and Jan child support pending additional court order. It was very confusing and the commissioner was different from the judge in the initial motion. Mom showed up to the first hearing and asked for a continuance. On the second date she never showed up. She is somewhere 300 miles across the state. Commissioner would not address my son be returned. Maybe because I don't have the whereabouts? Would a writ of habeas corpus help? How can my ex just pop up out of nowhere, take my son, keep him unauthorized and get support?

I was told by several attorneys to get her in contempt. So I did. Dcs refuses to acknowledge the parenting plan, contempt, and threw out all superior court paperwork as evidence in the modification hearing on 4/10.

The mother requested a modification to child support. That was the hearing on 4/10. The initial administrative order was opened 4/2012 after we separated. My son came to live with me perm in June 2012. My ex was able to backdate for support and got it until 5/2013 even tho I had my son perm across the state. That admin order was closed and only reopened Jan 2019 by her after keeping my son passed a visitation.

Dcs is also garnishing me but not applying it to the case and reporting me in full arrears. They are holding it due to the fact they know she shouldn't have him. But now my license is in jeopardy and I've been reported to the IRS.

I've responded to all petitions on time, requested conference board, hearings and such. I cannot locate my son. Mom has all phones off and I've tried all other communication. From ppl we know we have learned mom has moved 4 times since keeping him.

My only other thought is to get a writ of habeas corpus and a restraining order. But again, I can't locate them. With what I'm being garnished I cannot afford an attorney. Now I may lose my job because it requires a license and security clearance.

If the garnishment stopped I could get an attorney to fight her for my son back. My son has emotional and behavioral issues so he's also considered mentally fragile. We have no idea what she said or did to get my son to comply with staying with her.

I need to stop DCS from garnishing. Then I can can hire who I need too to find them. They state a "cease and desist" is required. No one I've spoken too knows what that is or how to obtain one. I've followed the steps as much as possible and it's getting me nowhere. I'm not into law much so this is all new to me. I've had my son for almost 8 yrs with no issues. I never thought she'd pop up this late in my son's life just for money. That's always been her motive. So it was unexpected. I just don't know which steps to take next as ex parte.