• 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.

Need question answered please

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

Certate

Member
This is gonna be a little long, sorry.

In 2003 I had a child born in Utah where we both lived at the time, me and the mother was not together at the time of birth, as soon as the child was born the mother dropped by my house with a picture of him and said she will be filing for child support, I said I would like visitation, the mother then opened up a child support case in Utah (I think) but possibly in Washington where she fled.

I received letters in 2004 from Utah saying the case has been closed, I also received letters from Washington saying my case has been closed.

I had no way of contacting the mother to pay, I also contacted Washington DCS and was told nothing was owed and that they could not
give me the mothers information.

16 years went by without locating here, she changed her name a few times and moved to California, I was then contacted by the mother through my wife's facebook message, the message said "I would like to have my Husband adopt the child and would you sign papers, I went a ahead with the adoption not knowing that she could re-open the case, I thought it would be best for everyone since I never met the child and he could have a father, big mistake on my behalf...

Anyways the adoption was complete and a week later the mother re-opened the case in Washington State saying I know owe 20,000.

Can I have this case moved to its original state of Utah if that's where it started?
How can I owe when I was living in the same city the whole time, the mother was moving frequently without letting DCS know?
What can I do?
I only work part time right now and don't plan on going full, can my whole check be taken?

Thanks for any help!
 


Taxing Matters

Overtaxed Member
Can I have this case moved to its original state of Utah if that's where it started?
No. It is not possible to transfer cases from one state to another. What you can do is see an attorney to find out if you can get the Washington state case dismissed. If you don't live in that state and have no connections there the state would have no jurisdiction over you. Then the case would be dismissed there and she'd need to file in the state where you now live.

How can I owe when I was living in the same city the whole time, the mother was moving frequently without letting DCS know?
Her failure to pursue it earlier might be a problem for her, and might be something you could use in defense of her claim. It might at the very least get the amount reduced. Also, you won't owe any support for the period after the adoption took effect.

I only work part time right now and don't plan on going full, can my whole check be taken?
Not the entire check. But they may take as much as 65% of it depending the exact circumstances should you be ordered to pay child support and fail to pay as ordered.
 

Certate

Member
So when this goes into effect will I get hit with liens and even jail time immediately?
I know this will happen if I do not comply, but if start paying and stay on top of it nothing could happen correct?

Also what is the least amount I could pay or how long can they legally collect from me?

Not trying to be a deadbeat but this is not right, I had no way to pay and never avoided any of this, it BS that
a parent can simply evade the process and return later to collect.

How would I use her disappearing as a defense?

Thank you and sorry for all the questions, I am not familiar with any of this.
 

stealth2

Under the Radar Member
So when this goes into effect will I get hit with liens and even jail time immediately?
I know this will happen if I do not comply, but if start paying and stay on top of it nothing could happen correct?

Also what is the least amount I could pay or how long can they legally collect from me?

Not trying to be a deadbeat but this is not right, I had no way to pay and never avoided any of this, it BS that
a parent can simply evade the process and return later to collect.

How would I use her disappearing as a defense?

Thank you and sorry for all the questions, I am not familiar with any of this.
Your best bet would be to speak with a family law attorney. I understand that may be tough at the moment.
 

Certate

Member
Your best bet would be to speak with a family law attorney. I understand that may be tough at the moment.
I did, I paid a lawyer almost $300 to tell me basically nothing during a consultation, maybe I need to talk to another lawyer.

The lawyer said she could collect all the paperwork and see what I paid in the beginning and put that towards the amount owed and
that was basically it, but the lawyer fees will actually cost more then I paid in the past.....
 

stealth2

Under the Radar Member
I did, I paid a lawyer almost $300 to tell me basically nothing during a consultation, maybe I need to talk to another lawyer.

The lawyer said she could collect all the paperwork and see what I paid in the beginning and put that towards the amount owed and
that was basically it, but the lawyer fees will actually cost more then I paid in the past.....
In which state was the lawyer licensed? You may need to speak with several. But we don't have enough information to give you any better input than someone who has all the details.
 

Certate

Member
Depending on the specifics, they may even be able to collect arrears after you die. from your estate
That's only if I agree to pay less and pass the majority correct?

In Washington if I'm correct its I would have to pay until the child is 28???
 

t74

Member
You cannot just not pay and have the debt go away. You need to discuss your situation with an attorney in the appropriate jurisdiction. You yourself do not have enough information for anyone to make any conclusive statements based on your forum posts. The sooner you take care of this, the easier it will be on you.

You choose to work part time; the court may certainly base support and payments based on a full time job. Where you get the extra money is up to you. They can limit what they garnish but not what you are expected to pay.

You have a lot of excuses. Now is the time to step up and do the right and legal things.
 

Certate

Member
You cannot just not pay and have the debt go away. You need to discuss your situation with an attorney in the appropriate jurisdiction. You yourself do not have enough information for anyone to make any conclusive statements based on your forum posts. The sooner you take care of this, the easier it will be on you.

You choose to work part time; the court may certainly base support and payments based on a full time job. Where you get the extra money is up to you. They can limit what they garnish but not what you are expected to pay.

You have a lot of excuses. Now is the time to step up and do the right and legal things.
I will be talking to an attorney Monday.

What excuses?

I relinquished all my rights and then signed adoption papers, before I signed papers I called California, Washington and Utah to
see if I owed any back child support, I was told I did not owe anything.

So I'm a little bit upset with this situation.
 

LdiJ

Senior Member
I will be talking to an attorney Monday.

What excuses?

I relinquished all my rights and then signed adoption papers, before I signed papers I called California, Washington and Utah to
see if I owed any back child support, I was told I did not owe anything.

So I'm a little bit upset with this situation.
The bolded should have been the first thing that you said on this thread. Make sure its the first thing you tell an attorney.
 

Certate

Member
The bolded should have been the first thing that you said on this thread. Make sure its the first thing you tell an attorney.
Yeah, this whole thing has thrown me under the bus.

There is so many questions I have but so hard to get a answer.
 

Certate

Member
I was thinking, usually when a parent wants to collect child support the non custodial parent is the one that is hard to find if they
are trying to evade paying?

With my case I was trying to pay and the CP was evading the process.....I just don't understand
 

Find the Right Lawyer for Your Legal Issue!

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