Legal Question in Family Law in Washington

behind on child support/alimony

I am currently 3 and 1/2 months behind in my child support/alimony payments. My ex wife does not threaten to turn me in unless I do not follow through with her wishes...basically she blackmails me with it. I am trying to fulfill my obligations financially, but it is difficult at this time as I am starting a new business & money is often short. What should I do to protect myself if I cannot pay her in full but wish for her to stop blackmailing me to get her way? I truly am giving her what I can when I can, money just isn't there like it was before. Does she have the upper hand and can she threaten to turn me in and have me arrested/audited etc. if I don't keep doing as she wants? Or am I bound to be blackmailed with this until I am current on my payments? I do want to pay what I owe and I will continue as I can, I just can't magically make money appear. I am working and giving...does that not count for anything? I am very frustrated w/the situation...I have no idea where to turn or what to do...I just don't want to have her holding this over my head as it could take sometime to get it all paid current. Thank you very much and any direction for help would be greatly appreciated.


Asked on 7/18/07, 7:00 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: behind on child support/alimony

Yes, you have a problem and the sooner you get a handle on your arrearage the better.

That said, if you go look at the orders in the action you will notice that the court flatly prohibits one parent from conditioning compliance with a child support order or parenting plan on the other parent's performance of their obligations pursuant to the other order.

That means hostage and ransom is wrong.

She cannot have you arrested unless she is a police officer. OR, unless you commit domestic violence and the cops believe her, so be careful.

She cannot have you audited unless she works for the state or the IRS.

She can bring a civil action to force you to pay support. It is called contempt.

A court could theoretically have you jailed - not for a debt, but for failing to observe and comply with the court's order to pay support.

I would recommend that you make sure that you have a record of each payment you make. Don't pay her cash without getting a receipt.

Your remedy is to ask the court to find she's in contempt for failing to allow you to have time with your children.

Don't hesitate to contact your county's Bar Association for a referral to a clinic or a private attorney who can do a consult and properly advise you. This is a poor substitute.

But I hope it helps. Elizabeth Powell

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Answered on 7/19/07, 1:20 am


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