Legal Question in Family Law in Washington

Child Support Hardship
I have been paying child support for a year now through the State of Washington. It started as a temp order of $154 based on imputing of income. The State claimed that I was underemployed. The judge ruled that I was not underemployed and to use my taxes from last year to calculate child support. This amount would take me to the standard needs of Washington, and I would be required to pay $25 per month. The State used this figure, but then included food stamps that I received for a period of two months as continual monthly income, which increased my support to $200 per month. The judge ordered this, based on the states recommendation. I filed a motion to reconsider, as the law clearly states, food stamps can not be used as income. After sever attempts to get back to court(7 Months). The judge said he had no choice but to take out the food stamps as income. So, I have been paying $154 for 6 months, and $200 for 7 months, when I should have been paying $25. I have also had to pay over $2000 in attorney fees for the motion for Reconsideration, just for them to say oops your right. Can the state be liable for my attorney fee's for dragging this out on purpose? Also, is it possible to get credit for overpayment of child support?

Asked on 1/15/09, 4:42 pm

Christopher Steuart IT Forensics, Inc.

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Re: Child Support Hardship

Having won, you could file a motion for attorney's fees on the basis that you were the prevailing party and based on need.

Answered on 1/17/09, 3:05 am

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