Legal Question in Family Law in Washington

Re: child support & arrears

Dear Sir/Madam:

This is in response to your email of January 23, 2001.

It appears that there was a court order regarding support. If so, each support payment that was missed is a �judgment�. As a judgment, the court or recipient of the support could intercept your income tax return, garnish bank accounts, place a lien on personal or real property, etc. Without the mother�s cooperation, there is no way to avoid this financial obligation for past support.

Additionally, you must immediately file a Motion for Custody, followed by a new Order Regarding Custody, Parenting Time and Support. The father�s weekly support obligation will continue until the new court order is entered and the termination of the current support order will be retroactive only until the date the motion was filed.

Finally, if you do file a motion requesting support from the mother, a separate payor�s account will be opened for the mother�s child support obligation. If the mother does not pay the court ordered support, she will have an arrearage. At a future date and with some mutual cooperation, the father and mother could address their respective arrearages to �balance them out�.

Sincerely,

Michael D. Eberth