Child Support Payments

This is a child he had while we were married. She did have an open support case, but as soon as I moved to PA in 2006, they moved in together, and have been engaged ever since.

It's a Washington State order, and it is collected in Washington State because he still lives there. I can't afford an attorney so I am doing my best to fill out all of this paperwork. I just want to point out facts about the child support, unlike him, all I got was his and his girlfriends declarations and all they do is slam me as a parent. It does not say anything about not paying child support, or the fact that our 6 year old is disabled. As far as I know, it was not a court order for him to pay her. It is a mutual agreement that they have together. She canceled her child support order when they moved in together, but she said that he is still responsible to pay it despite living with her because his obligation does not stop?

I assume you used to live in WA? It is unusal for the order to be in the state the NCP resides. You should have the case transfered to PA. That way you have control of the proceedings.
It matters very littel what the opposing party "says". The court requires evidence. What "paperwork" are you filing out? a response to his motion for modification of the child support amount?

If he is living with the child, he cannot be forced to pay support ,as technically he has custody of the child. It sounds as if he ( and se ) are really trying to buffalo you.

Http://www.courts.wa.gov/ssgen/

I am only including the following link because it goes in depth as to how income and expenses are to be calculated. you cannot rely on this because it is anot a government website but it gives you the basic rules. http://www.helpyourselfdivorce.com/washington-child-support.html

HOWVER this website does have the accurate statutes cited and here is one clause you need to include in your response

"The court may consider court-ordered payments of child support for children from other relationships only to the extent that the support is actually paid."


That supports my earlier contention that only CS actualy paid for another child will be counted for a downward modification in CS


if you read the statute carefully you willsee that the income from his GF (other realtionship ) might actually be counted IF he is trying for a downward modification


in addition if you read on, you will see that in fact you are entitled to more child support from him, due to yoru child's disability

i urge you to read this section of the statutes and if you have questions about what they mean i will answer you this weekend, this section will tell you which LAWS you can use to refute their "say so"

Yeah, that's how I feel too. I tried to have it transferred. Our order was done through the superior courts, that's why they won't let me transfer.
He filed a petition for modification and a petition to adjust child support. He has not paid in two years, and I finally asked for Child Support collections to take over because of him not paying. Now he wants all of the back child support dropped, and his support lowered because his words "I don't want my license suspended"
I know he didn't file all the correct paperwork, but they said if I didn't respond, he could win by default. Court is October 28th, and I can't go there, so.. my response has to be as precise as possible since I can't be there. They won't allow me to do court over the phone either.

I have not heard of a denial for transfer due to which court th eorder was from ( but them I hear new information every day)
He cannot get back "past due' child spport dropped ; it is against federal law.
If use use the exact language in the washington statutes, you should bea s good as a non lawyer stuck miles away from the state court and legal help, as you can be.

I am not nagging, but If possible you should try to get the repsone in the mail Monday, and sent return reciept so they can't say we didn't get it or get it in time ( that is what i would personally do)

The federal law that prohibits state courts from modifying ( in any form) back child support is the Bradley Amendment. you should mentin that his "motion" to reduce or eliminate back support he owes you is unmodifiable
Bradley Amendment is the common name given,to 42 U.S.C. § 666(a)(9)(c) which requires state courts to prohibit retroactive reduction of child support obligations.this amendment creates a non expiring lien whenever child support becomes pastdue.This law overrides any state's statute of limitations, disallows any judicial discretion, even from bankruptcy courts.

Thank you very much for ALL of your help! I did get everything ready and it is being sent out today. I really appreciate your prompt response to my question. You saved me a lot hardship because you helped me know exactly what I needed to do and say.
Thank you again!!
Rochell S

Thank you for the vote; it is just irritating when these NCP decide they just want to "move on with their lives" and act as though theri children from previous relationships can live on air.