Child Support Mod From zero to some. Chances?

[Raisingmaddy]

What is the name of your state? Washington

Here's whats going on....

My x and I both live in Washington, he lives two hours away from me. We have joint custody, but I am primary and he has visitation.

When I moved in 2005 we did a modification of our custody agreement. We agreed to a zero child support order, but had a verbal agreement and he promised to pay support. It was in the agreement that he would pay 1/2 of childcare expenses.

So, for about 8-9 months he kept up with his agreement and paid more than his half of the childcare. He gave me a set amount everymonth that covered his half of childcare and the rest was for child support. Then he decided he didn't want to pay the extra amount anymore and went back to giving me only 1/2 the childcare amount (Low amount because it is partially subsidized)

I went to the State of Washington and they have filed modification papers for child support and we have a hearing coming up. In the ex's response to the papers he said we NEVER had a verbal agreement and that he only paid more because he said I lied to him about the amount of childcare, then he found out the correct amount and started paying that to me and he is requesting the mod be dropped and pay zero child support.

So right now, we have a he said/she said and trial is in less than two weeks. When the cs modification was filed it hadn't been a full two years since the previous order so the State of Washington is using the verbal agreement, and him no longer paying agreed amount as a change in circumstances.

Anyone have any opinions as to what my chances of getting court ordered child support are??????????

 

[Silverplum]

What is the name of your state? Washington

Here's whats going on....

My x and I both live in Washington, he lives two hours away from me. We have joint custody, but I am primary and he has visitation.

When I moved in 2005 we did a modification of our custody agreement. We agreed to a zero child support order, but had a verbal agreement and he promised to pay support. It was in the agreement that he would pay 1/2 of childcare expenses.

So, for about 8-9 months he kept up with his agreement and paid more than his half of the childcare. He gave me a set amount everymonth that covered his half of childcare and the rest was for child support. Then he decided he didn't want to pay the extra amount anymore and went back to giving me only 1/2 the childcare amount (Low amount because it is partially subsidized)

I went to the State of Washington and they have filed modification papers for child support and we have a hearing coming up. In the ex's response to the papers he said we NEVER had a verbal agreement and that he only paid more because he said I lied to him about the amount of childcare, then he found out the correct amount and started paying that to me and he is requesting the mod be dropped and pay zero child support.

So right now, we have a he said/she said and trial is in less than two weeks. When the cs modification was filed it hadn't been a full two years since the previous order so the State of Washington is using the verbal agreement, and him no longer paying agreed amount as a change in circumstances.

Anyone have any opinions as to what my chances of getting court ordered child support are??????????

No one can guess chances.
Here's the Big WA Family Law Link:
http://www.washingtonlawhelp.org/WA/StateSubTopics.cfm/County/ /City/ /demoMode/= 1/Language/1/State/WA/TextOnly/N/ZipCode/ /LoggedIn/0/iTopicID/862/sTopicImage/familyjuvenile.gif/bAllState/0

 

[fairisfair]

childcare. . . . . partially subsidized. . . . . subsidized by whom? What other type of benefits are you receiving? Were you doing collecting welfare and having him pay you on the side???

 

[Raisingmaddy]

childcare. . . . . partially subsidized. . . . . subsidized by whom? What other type of benefits are you receiving? Were you doing collecting welfare and having him pay you on the side???

I pay full daycare for two of my children, but my youngest daughter is not old enough to go there yet so she is in a way more expensive daycare and her daycare is subsidized thru the state. I am not receiving ANY other benefits, only child care assistance for one of my children because of the price. And for your information I reported the income I received from him to them. I think it was very rude to automatically assume that, not everyone is dishonest.

 

[Silverplum]

I think it was very rude to automatically assume that, not everyone is dishonest.

But was it as rude as not thanking me for providing the WA law link?

 

[Raisingmaddy]

But was it as rude as not thanking me for providing the WA law link?

I was getting to that Thank you!

 

[Silverplum]

I was getting to that Thank you!

You're welcome.

And FairisFair was asking a perfectly valid legal q. Don't get all prickly on folks asking questions -- they have a point to the qs.

 

[Raisingmaddy]

You're welcome.

And FairisFair was asking a perfectly valid legal q. Don't get all prickly on folks asking questions -- they have a point to the qs.

I agree about asking/answering questions, I didn't mean to get "prickly" I just thought it was rude the way it was implied.

 

[GrowUp!]

What is the name of your state? Washington

Here's whats going on....

My x and I both live in Washington, he lives two hours away from me. We have joint custody, but I am primary and he has visitation.

When I moved in 2005 we did a modification of our custody agreement. We agreed to a zero child support order, but had a verbal agreement and he promised to pay support. It was in the agreement that he would pay 1/2 of childcare expenses.

So, for about 8-9 months he kept up with his agreement and paid more than his half of the childcare. He gave me a set amount everymonth that covered his half of childcare and the rest was for child support. Then he decided he didn't want to pay the extra amount anymore and went back to giving me only 1/2 the childcare amount (Low amount because it is partially subsidized)

I went to the State of Washington and they have filed modification papers for child support and we have a hearing coming up. In the ex's response to the papers he said we NEVER had a verbal agreement and that he only paid more because he said I lied to him about the amount of childcare, then he found out the correct amount and started paying that to me and he is requesting the mod be dropped and pay zero child support.

So right now, we have a he said/she said and trial is in less than two weeks. When the cs modification was filed it hadn't been a full two years since the previous order so the State of Washington is using the verbal agreement, and him no longer paying agreed amount as a change in circumstances.

Anyone have any opinions as to what my chances of getting court ordered child support are??????????

Well why did you agree to no support NOT EVEN 2 years ago?! A verbal agreement is as good as the paper it's written on. I am actually surprised the state filed modification based on a verbal agreement and especially so quick alleging a "change in circumstance." Do either you or WA even bother to look up what constitutes a "change in circumstance"? Does he have an attorney? Even if he doesn't I am surprised he didn't file a response asking the court to dismiss the petition.

BTW...if you have JOINT CUSTODY...NEITHER of you have "primary." You simply have residential status for educational purposes. Also, you ARE being dishonest...you agree to no child support, then hit him up with an alleged "verbal agreement" to still give you money.

 

[Raisingmaddy]

Well why did you agree to no support NOT EVEN 2 years ago?! A verbal agreement is as good as the paper it's written on. I am actually surprised the state filed modification based on a verbal agreement and especially so quick alleging a "change in circumstance." Do either you or WA even bother to look up what constitutes a "change in circumstance"? Does he have an attorney? Even if he doesn't I am surprised he didn't file a response asking the court to dismiss the petition.

BTW...if you have JOINT CUSTODY...NEITHER of you have "primary." You simply have residential status for educational purposes. Also, you ARE being dishonest...you agree to no child support, then hit him up with an alleged "verbal agreement" to still give you money.

There was a change in circumstances, he WAS paying me child support per our VERBAL agreement for 8-9 months, and this I can prove. The only reason the modification was filed was because he STOPPED helping out with our THREE children (other than 1/2 of childcare). I am NOT being dishonest, we agreed to this, and he simply changed his mind about paying cs. I NEVER would have signed the zero child support agreement if he hadn't promised to help support our children.

 

[seniorjudge]

Please tell me what amount (if any) of child support that the original judgment in the lawsuit ordered. Thank you.

 

[fairisfair]

I pay full daycare for two of my children, but my youngest daughter is not old enough to go there yet so she is in a way more expensive daycare and her daycare is subsidized thru the state. I am not receiving ANY other benefits, only child care assistance for one of my children because of the price. And for your information I reported the income I received from him to them. I think it was very rude to automatically assume that, not everyone is dishonest.

First of all, I didn't assume it, if I had assumed it I would have said YOU ARE collecting benefits and having him pay you on the side. I asked you a question. I am still having a very difficult time understanding why you would allow a zero child support order, and rely on a promise. That makes no sense whatsoever. Neither does it make sense that you should have a zero support order and that the state should assist you with your child care expenses, as those should have been a part of the child support calculations. Something just isn't right with this. And that is rude , and a fact.

 

[GrowUp!]

There was a change in circumstances, he WAS paying me child support per our VERBAL agreement for 8-9 months, and this I can prove. The only reason the modification was filed was because he STOPPED helping out with our THREE children (other than 1/2 of childcare). I am NOT being dishonest, we agreed to this, and he simply changed his mind about paying cs. I NEVER would have signed the zero child support agreement if he hadn't promised to help support our children.

Well then who's the sucker who agreed IN WRITING -- A COURT ORDER -- for ZERO child support? What part of VERBAL AGREEMENTS MEAN SQUAT do you NOT understand?? Whenever you do NOT get an agreement in writing, you have nothing.
You have no one to blame but yourself. Please answer SJ's question.

And how to you plan to "prove" this agreement?

I suggest you look up "inkind contribution" and/or "gift." Plus, fairisfair brings up a good question...why are the taxpayers paying for a portion of this "expensive" daycare and you agreed to a zero child support order?

 

[seniorjudge]

"Agreements" allowing zero child support are generally looked upon with suspicion by courts.

 

[Raisingmaddy]

Please tell me what amount (if any) of child support that the original judgment in the lawsuit ordered. Thank you.

It was zero, our original paperwork said 50/50 custody and 50/50 visitation even though that was not the case, they always lived with me full time. When I moved (We both agreed to) The childs support order was not changed, just the visitation.