Legal Question in Family Law in Washington
Additional Child Support
My husband's ex-wife kicked out her live-in boyfriend and now wants more child support. The child support established was based on salaries (2000) and the amount of time his daughter was to spend with him. His ex-wife never supported the custody agreement so his daughter has not stayed with us as stated in the divorce agreement. My husband re-calculated the child support based on his current salary and the extra we pay (all medical, car+ insurance, cell phone, incidentals). It comes to an extra 160.00 a month. He wants to just pay it, I think we should go through an attorney. His daughter is 17, his spousal support ends Oct, 2007, child support ends June 2008. My husband fears going through the courts and end up paying back support. He has never missed a support payment.
Do we just pay her or get go through an attorney?
1 Answer from Attorneys
Re: Additional Child Support
It is always a good idea to have a professional review your work to make sure its correct. The Bar lets us do unbundled services these days, which means that an attorney can review your pleadings, make sure they are correct, and most family law practicioners have a computer program to check child support calculations.
Same way you'd have a dentist do your teeth, not do it yourself.
Either party can ask for a support modification as often as once every 24 months. If there has been no mod. since 2000, he's way ahead.
Has he kept track of his payments? If so, then he has nothing to worry about owing back support.
The issue regarding his ex's failure to support the parenting plan is a completely different issue. (Never confuse child support and parenting, they are completely different issues to the Court).
If one parent has been withholding the child or interfering with the non-residential parent's time with the child per the plan, review the plan for dispute resolution clauses. Is it there? What does it say?
Follow the plan first, but do not hesitate to then ask a court to find her in contempt for the damage to your husband's relationship with his daughter. Allowing that to happen for seven years is astonishing. Why put up with the damage for seven years? What has that done to his daughter?
Hope this helps you parse through the issues. If you need a referral, don't hesitate to contact me.
Elizabeth Powell