Legal Question in Family Law in Washington
Child Support Modification
My ex wife has filed yet another modification for more child support for a child that she is now hiding from me. My job gives me an income that varies from month to month and year to year. Will they base my income only on last year's 1040? She did not provide current income info on the hearing exhibits, and is lying about her living situation. I am current on all support payments, in fact, when my support was in arrears several years ago, she received in a five year span over $14,000 in back payments. She is basing her modification on an orthodontist bill of $5000 that she has shown no proof of. The DSHS atty. says that isn't the basis, it is ''just time'' for a review, then why didn't they do one in 2003 when I requested it? How do I proceed with this hearing so my rights are not violated? She filed in Vancouver when we both live in King county and that makes my time frame short, for response. I have another child and am supporting her mother right now, will the court grant me a deviation? How can I be sure I will get justice? I need assistance and cannot afford a lawyer. The mother has been investigated for welfare fraud in the past but is being represented by a DSHS atty. HELP!!
1 Answer from Attorneys
Re: Child Support Modification
It is very difficult to make predictions about what the outcome of this modification will be, because the details of the existing order of support are not available to me.
You can present evidence on your income pattern.
To justify a deviation you have to show exceptional/unusual circumstances, e.g. the child has independent income, the child stays with you more than 90 days per year, and many other factors are considered.
If she has not filed a financial declaration, child support worksheet, financial (income tax returns, W2s, earning statements, etc), you might think about a motion to dismiss.
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