Legal Question in Family Law in Washington

Statute of Limitations/Able to get Passport

My husband got full custody of his children about 2 years after leaving the unfit mother of his children. In 1999 he received notice that he owed DSHS (TANF) $31,000.00 in back child support. He did not respond as he was on DSHS. He has since learned the case is closed with DSHS and so he can't dispute it now. There are leans should he ever own property registered with the county and he can't get a passport. We want to move to Canada, In fact I bought a home there and now have learned he cannot get a passport. What can he do? We cannot afford an attorney, he doesn't feel he should pay child support as he has had custody and raised the children.If we wait for the statute of limitations to take 10 years, will he then be able to get a passport?


Asked on 4/22/07, 5:42 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Statute of Limitations/Able to get Passport

Being unable to dispute an amount with DSHS is not the same as the remedy which could be available to him in Court by asking the Court to vacate the judgment because it was based on a false assumption, works an extreme hardship, etc.

The Statute of Limitations on collection of judgments is ten years but the judgment can be extended. As it's $31K (and growing by 12% per annum) chances are DSHS will ask to have it extended.

If you cannot afford an attorney, you can write to DCS and ask for a conference board. Feeling that he should not have to pay support doesn't get you far; arguing with supporting documentation that she should have been paying him support is a far stronger position to take.

If there was a period of time where she had custody and was on TANF, then the state is entitled to recoup the funds they spent on her during that period. Getting the State to back off that demand is an uphill battle. If that's what is going on, then there really isn't any good way to fix this other than to pay it.

Your argument could be that it works a hardship on the kids, whom he has been supporting all this time.

Failing to respond to DSHS in 1999 was not a good idea. Your best bet now is to get a consult with an attorney who does family law and can deal with DCS. Bring your documentation, and at least do a hour consult. I'm suggesting this because your current plan is not working, and will not work in the forseeable future.

Hope this helps. Powell

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Answered on 4/22/07, 11:31 am


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