Legal Question in Family Law in Washington
I am a almost divorced mother of three. I and my ex-husband have a parenting plan. He is supposed to have them every other weekend. I depend on the child support to pay for the gas to drive 3 hours every other weekend for him to see his children. He hasnt paid child support in 6 months. I can barely afford to feed my children let alone pay 100 dollars in gas every other weekend. Does the parenting plan change when he stops paying child support. He is supposed to pay, but chooses not to. I want him to see his kids but it seems like he is unwilling to help. What do I do?
1 Answer from Attorneys
There are two things you can do, neither of which will make anyone happy. One: You can bring a motion for contempt for failure to pay support. In that motion, you can ask the Court for an award of attorney's fees for having to bring the motion in the first place, and ask that the interest that has accumulated be reduced to a judgment. In that same motion, you would ask that future support be garnished from your ex's paychecks to ensure you get paid.
Two: In conjunction with the above contempt motion or separately, you could seek to modify the current parenting plan to require that your ex provide all transportation or pay you in advance for the cost of fuel before you are required to transport the children. This would of course hurt the kids who may now lose time with their father. You just have to remember that this is not your fault. Your ex has forced you into this untenable situation to decide between bankruptcy, not paying your other bills, and the children not seeing their father because he refuses to pay support.
If you like, you may call my office (click on my name and it will show you all my contact information) next week and we can discuss this further.