Legal Question in Family Law in Washington
child support
My daughters father and I were never married. We decided when we split up that we would split time 50/50, even though she is with me more because he works all day and I don't, and all costs 50/50. We are both remarried and he and his new wife were having some hard times so when my daughter started taekwondo I didn't bug him for his half. Well he just went out of town for the weekend and stayed at a lodge costing $200-$300 a night. I guess I'm wondering how I go about enforcing our agreement for him to pay his half. We have never been to court and I would like to keep it that way. Is it also true that I am considered the custodial parent because we were never married?
1 Answer from Attorneys
Re: child support
There are several facts not addressed in your statement. Is your agreement in writing? Does it cover decision making? The agreement is not separately enforceable as such, but if you petition for establishment of a residential schedule and for child support it could be used as evidence of how you had agreed to do things. Another question arises, you indicated you were not married, but that you have remarried, are there any other children from a previous marriage involved?(this may affect the child support determinations)Your never being married to each other has no effect on who is designated as the primary residential parent, that is affected more by who the child has resided with the majority of the time.