Seeking support

[escape2paradise]

What is the name of your state? WA

It is my understanding that in WA state when the father has not been legally named until an order of support is sought, that the CP can seek 5 years retro support. I am in the middle of a custody dispute brought by the X. He did give me money occasionally before the custody stuff started. Now he is not paying at all. I understand that he was not legally obligated and is not, until I get an order for support. My attorney wants to put off the support stuff until we are done with the custody issue. I can see his point in wanting to do this, somewhat. What I would like to know is, do I have to use my attorney to do this or can I use the CSE and avoid paying attorney fees? Can and will the state also seek retro support for the times he did not pay? If I can use the CSE, what are the pluses and minuses of doing so other than the saving of attorneys fees?

 

[Silverplum]

I'm not in WA, but here's the family law resource 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

 

[escape2paradise]

I'm not in WA, but here's the family law resource 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

Thanks Silver, I've read through this before, skimmed it again and unfortunately it doesn't make any references about seeking retro support.

 

[Silverplum]

Dang. Sorry 'bout that.

 

[CJane]

Very often, and this is a question you should certainly ask your attorney... the STATE (CSE) can only award retro to date of filing. If you want it to go back farther per the statutes, then you have to file w/the courts.

 

[escape2paradise]

Very often, and this is a question you should certainly ask your attorney... the STATE (CSE) can only award retro to date of filing. If you want it to go back farther per the statutes, then you have to file w/the courts.

Thanks, I do plan on asking him, but I like to do my research before I ask questions. I find it helps me have to ask less and to make sure I ask the right ones.

I remember reading in Accountable's thread that she was going through the AG's office for support of her teen child. She said the AG was going for 4 years retro. This, however, was in the state of Texas.

I called my CSE office and I was told I would have to fill out the application before they could tell me wether or not they could collect arrears. I tried to explain that there are no arrears owed as there has never been a support order. I explained that I was inquiring as to wether or not they could assist in getting retro support. The guy had no clue what I was even talking about. He told me I had to fill out the app. then I would be assigned a case worker whom I could ask. I don't want to fill out the app, have them start a case only to find out that they can't accomplish this. It's so frustrating when these government agencies don't even know what is what!

 

[TheGeekess]

Check out your state's website for child support enforcement. I know in 'Bama DHR will go back at least 2 years for back support.

 

[escape2paradise]

Check out your state's website for child support enforcement. I know in 'Bama DHR will go back at least 2 years for back support.

BTDT, there is no info in regards to collecting retro support.

 

[TheGeekess]

Yes, there is.

WAC 388-14A-3350
Are there any limits on how much back support the division of child support can seek to establish?

(1) When no public assistance is being paid to the custodial parent (CP) and the children, the division of child support (DCS) starts the claim for support as of the date:

(a) DCS receives the application for nonassistance services if the CP applies directly to DCS for services....

http://apps.leg.wa.gov/WAC/default.aspx?cite=388-14A-3350

 

[escape2paradise]

Yes, there is.

WAC 388-14A-3350
Are there any limits on how much back support the division of child support can seek to establish?

(1) When no public assistance is being paid to the custodial parent (CP) and the children, the division of child support (DCS) starts the claim for support as of the date:

(a) DCS receives the application for nonassistance services if the CP applies directly to DCS for services....

http://apps.leg.wa.gov/WAC/default.aspx?cite=388-14A-3350

I think you are misunderstanding what I am asking. As I stated in my initial post, I understand that 5 yrs of retro support can be sought. What I don't know is if CSE will help me to obtain the 5 yrs. retro or will they only deal with obtaining a new support order. I know the law allows it, what I don't know is if it is one of the services they will provide. There is much more involved with going for the retro. They have to show that he knew about the child, was able to pay, etc....

BTW when you said

your state's website for child support enforcement

I assumed you were referring to the actual CSE website not the state legislature. On the CSE website they don't adress helping with obtaining an order for retro support. They only address helping to collect arrears from existing orders. They are two separate deals. The link you provided above only tells me what I already know, which is what the law allows.

 

[qurice]

You could have filed earlier and saved yourself this trouble, but I found this.. I found these links from the WA DCS website.

http://apps.leg.wa.gov/WAC/default.aspx?cite=388-14A-3120 states this:

(9) DCS may not assess an accrued support debt for a period longer than five years before the NFPR is served. This limitation does not apply to the extent that the NCP hid or left the state of Washington for the purpose of avoiding service.

So unless you started some action previously, you may be stuck with only 5 years retro if you go the DCS route. But it does appear that DCS can help with the 5 yrs if that's all you are wanting.