Legal Question in Family Law in Washington

Child Custody - Transportation

In our original divorce papers, it states that our son will be picked up by my ex-husband in the morning at Twetens in Port Orchard, WA. In the afternoon, it states he will be picked up in Bremerton, WA by me (mom). It also states that my ex will pay $150 per month in child support. Recently, my ex and I signed a document stating that he would not owe child support any longer. It also stated in this document that he would pick up his son in Port Orchard (no specific location) in the a.m. and I would pick up my son at his home in Bremerton in the p.m. We had this document notorized. Now, my ex is stating the he will not meet me at my home (as I requested), he will only meet me at Tweten's - as per the divorce paperwork. Does the notorized document mean anything? Since it does not state on the notorized document a specific location for pick-up of our son, can I request he pick up at my home? He is refusing to do this. What are my rights? Also, can I still collect child support since I signed the notorized document stating that I no longer would accept child support? Another question, can my new husband's income be included if my ex husband takes me to court over child support monies? Thank you for your help...


Asked on 9/13/06, 9:28 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Child Custody - Transportation

The notarized document is not an Order of Support, based on a Washington State Child Support Worksheet, and is therefore not binding. As to other issues in this document, they are not a parenting plan, but may be treated as an agreement or evidence of an agreement, but to get it enforced you need to modify the parenting plan. This is why I recommend that if the parties agree to any significant modification to a parenting plan that they file a petition for modification. I costs $43.00 for the filing fee, and I have done the agreed modification where both parties signed the petition, the order on modification and the new parenting plan, and filed the petition and the new parenting plan on the same day.

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Answered on 9/23/06, 11:09 pm


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