WA - Child Support Modification

[PohPohWa]

What is the name of your state (only U.S. law)? Washington

I have been kept from my child for the past 13 years. Before this year, the last time I saw her was when she was 1 year old. The mother remarried multiple times, moved in and out of state, and at one point, transported my child out of the country. She also illegally had my child use whatever last name the mother was using at the time. At no point, did she try to amend the parenting plan, and she never sought child support.

I finally found my daughter this year, and after admitting to me that she was in hiding, my daughter's mother has allowed me to see my daughter once a week for approximately 4 hours at a time. After three months of amicable meetings, she has told me if I wish to continue to see my daughter, I need to pay back child support of over $40,000.

Can I fight this? I'm more than willing to pay child support now that my ex is no longer hiding from me. I have filed papers to show she is in contempt of the court ordered parenting plan, but from what I can tell the only circumstances that allow for modification of child support is financial.

I think she is harrassing me.

 

[Proserpina]

What is the name of your state (only U.S. law)? Washington

I have been kept from my child for the past 13 years. Before this year, the last time I saw her was when she was 1 year old. The mother remarried multiple times, moved in and out of state, and at one point, transported my child out of the country. She also illegally had my child use whatever last name the mother was using at the time. At no point, did she try to amend the parenting plan, and she never sought child support.

What have you been doing during the past 13 years to find and support and be part of your child's life? The court will want to know.

I finally found my daughter this year, and after admitting to me that she was in hiding, my daughter's mother has allowed me to see my daughter once a week for approximately 4 hours at a time. After three months of amicable meetings, she has told me if I wish to continue to see my daughter, I need to pay back child support of over $40,000.

Can I fight this? I'm more than willing to pay child support now that my ex is no longer hiding from me. I have filed papers to show she is in contempt of the court ordered parenting plan, but from what I can tell the only circumstances that allow for modification of child support is financial.

I think she is harrassing me.

So the big question is - what exactly do the CURRENT court orders for child support, custody and visitation say?

 

[mistoffolees]

What have you been doing during the past 13 years to find and support and be part of your child's life? The court will want to know.

That's the real question. If OP knows that mother moved all those times, it's hard to argue that he had no way of finding the daughter. IF it could be demonstrated that he had made significant efforts to find the daughter, then it is theoretically possible to have the support removed, but if he had been making those efforts, he would have had the support suspended years ago, so I don't see it in this case.

So the big question is - what exactly do the CURRENT court orders for child support, custody and visitation say?

Note, however, that she can't prevent visitation based on arrears, so that part is an empty threat.

 

[LdiJ]

What is the name of your state (only U.S. law)? Washington

I have been kept from my child for the past 13 years. Before this year, the last time I saw her was when she was 1 year old. The mother remarried multiple times, moved in and out of state, and at one point, transported my child out of the country. She also illegally had my child use whatever last name the mother was using at the time. At no point, did she try to amend the parenting plan, and she never sought child support.

I finally found my daughter this year, and after admitting to me that she was in hiding, my daughter's mother has allowed me to see my daughter once a week for approximately 4 hours at a time. After three months of amicable meetings, she has told me if I wish to continue to see my daughter, I need to pay back child support of over $40,000.

Can I fight this? I'm more than willing to pay child support now that my ex is no longer hiding from me. I have filed papers to show she is in contempt of the court ordered parenting plan, but from what I can tell the only circumstances that allow for modification of child support is financial.

I think she is harrassing me.

If there was a parenting plan, there was child support ordered. You think that she should be held in contempt for not honoring the parenting plan, but you should not be held in contempt/held responsible for child support?

It doesn't work that way.

 

[stealth2]

It frankly doesn't sound like there are ANY orders. Hopefully OP will come back and answer some of the questions posed.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Washington

I have been kept from my child for the past 13 years. Before this year, the last time I saw her was when she was 1 year old. The mother remarried multiple times, moved in and out of state, and at one point, transported my child out of the country. She also illegally had my child use whatever last name the mother was using at the time. At no point, did she try to amend the parenting plan, and she never sought child support.

I finally found my daughter this year, and after admitting to me that she was in hiding, my daughter's mother has allowed me to see my daughter once a week for approximately 4 hours at a time. After three months of amicable meetings, she has told me if I wish to continue to see my daughter, I need to pay back child support of over $40,000.

Can I fight this? I'm more than willing to pay child support now that my ex is no longer hiding from me. I have filed papers to show she is in contempt of the court ordered parenting plan, but from what I can tell the only circumstances that allow for modification of child support is financial.

I think she is harrassing me.

You really should get a consult with a local attorney ASAP.

If there is an order for CS and you did not pay, you might be also found in contempt and owe the arrears.

However, if you were court ordered to pay ex directly, without going through the state disbursement unit and can prove that you could not pay because you did not know where ex was, there is a slight possibilty that you could get the arrears abated. But to do this you'll definately need an attorney.

 

[PohPohWa]

Sorry I haven't returned to provide clarification.

It was only when I located my daughter that I discovered that she had been given different last names, that my ex had multiple marriages and divorced, where she had moved, and that she had taken my daughter out of the country. She also admitted to me that she did not want me to find her. In all my searches - private investigator, etc., I only knew to give my last name to find my daughter and my ex's maiden name. The only reason I found them was that my daughter recently created a facebook account, and is currently using my ex's maiden name as her last name.

To answer some of your questions - yes, there was an original parenting plan that gave me visitation every weekend and every Wednesday afternoon. She obviously did not abide by that parenting plan, and it had never been given to me to sign. In my search for my daughter I also researched the dissolution, parenting plan, and child support order. My signature isn't on any of these documents.

Some of the circumstances since my original post have changed: My ex is now willing to accept child support from the time I met my daughter until the time she turns 18 and will no longer request back child support. She told me that three years ago, she applied for state assistance, and they asked her to file forms that would demand back child support from me. She refused because in her mind that was an opportunity for me to find her. Her concern now is because she has now involved DCFS in collecting the $40,000 in back child support from me, she can end up being penalized. They will re-evaluate her need for state assistance and state sponsored health insurance, and she could lose it. Because the state is the collection agency, I have no doubt that they can take my house and any other assets I own to satisfy the debt.

I realize that visitation and child support are not linked, but my ex and I have mutually agreed for the sake of my daughter that they can be financially.

Is there anything we can do to remove the state from this situation and allow us to mutually agree on a set amount of child support? Someone had suggested my ex sign a "satisfaction of partial judgment", but we're concerned that by signing it she would be stating that she has received the $40,000 which she has not, and again she could lose her state assistance and state health insurance.

I suppose I should add that my ex now realizes that now I have found my daughter, there is nothing I won't do to keep her in my life. So, my ex's walls of defense are slowly being taken down, and she is willing to work with me. Despite any animosity I have against my ex, I want to do what is best for my daughter.

Thank you again for your help!

 

[Proserpina]

You haven't answered some of the more pertinent questions.

To WHOM do you actually owe support? Mom, or the State?

When was the original CS order made?

 

[PohPohWa]

I apologize. I owe to the state, and the original CS order was filed in May 1997.

 

[Proserpina]

I apologize. I owe to the state, and the original CS order was filed in May 1997.

Then it is very unlikely the State will forgive the arrears; realistically it's now out of your hands (and Mom's).

The State will want their money, period.

 

[PohPohWa]

Thank you for your replies. I have one more question. I know that Washington is a community property state, but does that include child support payments? I am currently unemployed and working toward receiving disability, but my current wife receives unemployment. Can they garnish her unemployment checks to satisfy the back child support?

Thank you.

 

[Proserpina]

Thank you for your replies. I have one more question. I know that Washington is a community property state, but does that include child support payments? I am currently unemployed and working toward receiving disability, but my current wife receives unemployment. Can they garnish her unemployment checks to satisfy the back child support?

Thank you.

No, they cannot garnish your wife's unemployment (or any other income of hers).

What they CAN do though is take it as soon as it hits a joint bank account - so, your wife is best advised to keep her finances completely separate from yours.

 

[PohPohWa]

Thank you again. Feel free to close this thread. All of my questions have been answered.