Legal Question in Family Law in Washington
Enforcing child support
Has anyone heard of the State of Wa Child Support Registry not following up on unpaid child support payments because the non-custodial parent is enrolled in some type of state program after they have commited a crime (prescription forgery) and rec'd probation? My son has residential custody of my 2 grandchildren and the mother was court ordered to pay $175.00 a month for both children (she has no job). She has never been consistent with her payments, then she was arrested/probation, and then she was in some program where she rec'd money from the State of Wa and supposedly she was not required to pay her support payments. The Child Support Registery told my son they could not enforce the court order since the mom was in this program. (they would tell him what program) He was told he would have to go before the Judge to get the order enforced. Why is there a Child Support Registry if they are unable to be of any assistance? She does continue to buy them ''junk'' when they go to visit her. Also, even though this has been very frustrating to my son he has never refused the mom her visitation with her children...any suggestions for him?
1 Answer from Attorneys
Re: Enforcing child support
You are not very clear about what the relationship to the Registry is in this case (there are different levels of service provided by the Registry). YOu are also unclear about what the basis of some action or lack of action by the Registry is, but if the Registry is refusing to collect, then there is a reason, and it is certainly in writing. There are limits on the Registry's powers. The Registry does not have contempt (coercive enforcement) powers, they only have power to collect from payroll sources or bank accounts. Your son should review the reasons for the Registry inaction and if appropriate file a motion to show cause re contempt.