Legal Question in Family Law in Washington
child support question
My daughter has been withe her father (we weren't married) for 10 years now. He filed for custody in California and they ordered me to pay $322/mo, but moved to Washington before the case was decided. He applied for a change of venue and recieved it yet we have never even finished the parenting plan.
I have continued to pay the amount set by california by check and kept copies even though I have no current order thru WA and California notified me years ago that They dropped the case.
If he finally decideds to continue the case in WA and they give me a new order will I have to pay the difference in $ between the old order and the new one spanning the last several years that he has been in WA?
1 Answer from Attorneys
Re: child support question
Good thing you have kept proof of your payments. Are you saying that he transferred the matter to a Washington court for further administration? Did he apply for support enforcement through the Division of Child Support in WA?
In WA, when there are two parents and an order of child support there is a residential schedule and or a parenting plan. Do you have this?
Know that in either (or any state) the parent who is not the primary residential parent is required to pay support to the parent who has primary residential placement.
There are limits on how far back an order can be enforced. I'd need to ask you some very specific questions about this situation to determine your liability.
WA has a maximum support transfer payment of about $1,200.00 per month. That is based on a combined income of $7,000.00 per month.
WA's schedule is among the lowest transfer payment schedules in the nation. If he hasn't yet asked WA to enforce the order, there is a limit to how far back they will reach.
It is very much to your credit that you have paid support even with a question about an enforceable order in place. That will make your outcome much less problematic.
Hope this helps. Elizabeth Powell