Legal Question in Family Law in Washington
disappearing husband
In 1999 my husband and I were married in Kentucky. During the marriage we moved to Washington state. More than two years ago he filed for divorce in Washington. I contested the divorce because he tried to stick me with all the bills but none of the property. I was awarded temporary custody of the kids he had visitation and paid child support pending mediation and final divorce. I didn't have a lawyer. He had a pricey lawyer. Before we could get into mediation he stopped visiting the kids, stopped paying child support and eventually vanished. I stayed in washington for another year after he was gone and then due to financial burden I had to move myself and my kids back to Kentucky where my family is located. The case in Washington is still open but I no longer live there. My husbands family is also in Kentucky which gives me reason to think that he's probably here too. The questions are how do I get the case dismissed in Washington? Then how do I get divorced in Kentucky if I have no clue where he is located? Then how do get child support that he owes from when he was orderd to pay in washington state if he ever is found?
1 Answer from Attorneys
Re: disappearing husband
Most counties in Washington dismiss an action for failure to prosecute. So what county you were in may make a difference, the matter may have been dismissed. The process for dismissing it, if it has not already been dismissed by the clerk, is to file a motion to dismiss for failure to prosecute. The temporary support order and temporary parenting plan would also go with the dismissal of the underlying action. I do not know the details of KY procedure for registration of out of state judgments, (UIFSA would allow you to enforce an out of state support order, but generally not to modify support, and I do not think that a temporary order will support continuing child support).
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