Legal Question in Family Law in Washington
divorce/family law
My husband and I are getting a divorce, i relocated to southern california and he would not let me take our daughter with me. I need to know when and how I can have her with me. He is telling me that i have to pay him child support for our daughter. I am not working nor do I plan on working. I am in a relationship and we are going to get married and start a family together when this divorce is final. I have only been hearing what my soon to be ex husband is saying to me and I don't know what to do. Do I get through this divorce and then petition the courts to have her move with me? She is five and a half years old, and I was a stay at home mom with her except for 1.5 months I worked at a retailer prior to me leaving my marriage. Please give me some advise, I don't know what to do.
1 Answer from Attorneys
Re: divorce/family law
First off, never take legal advice from a soon to be ex. You are following the rules he laid down, and not doing what is in your child's best interest.
If you were a stay at home mother with her for most of her life, why did you take off? Other than what your ex told you? If you want her, get back there now!!!
Under Washington law, the non-primary residential parent is responsible to pay child support to the primary residential parent, period.
If you do not plan on working, you are going to have to come up with some other way to pay it, based on your imputed income. That is what the median census reports as the average income of women your age. End of story.
You need counsel in Washington. If you get through the divorce and petition the courts to allow your daughter to be with you, your motion will likely be denied. You have to demonstrate a substantial change of circumstances in your ex's life - not yours - that would justify the change of custody. However, you created the change by moving.
My best advice for you is to get a lawyer in Washington right now and
stop taking advice from your ex!
Powell
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