Legal Question in Family Law in Washington
Subtracting back child support from maintenance payment
I have primary custody of our two children. My ex-wife is required to pay the
minimum of $50 dollars per month to me for child support. I have to pay her
maintenance of $500 per month for two years. I never enforced the payment of
these payments but I could use the help with school starting up for our two kids.
I would like to know if there is any problem with me subtracting the child
support from the $500 I pay her every month. She is employed but there is a
disparity between what I make and what she makes, thus the minimum payment
of $25 per child she pays me. Our decree was filled in Snohomish County,
Washington but I live in Florida and she lives in California.
1 Answer from Attorneys
Re: Subtracting back child support from maintenance payment
Several options preferable to your not paying her full maintenance: one would be to request enforcement by OCSE, and not excluding the previous remedy would be to register the dissolution, parenting plan, order of support in Florida (if you and the children have lived there for more than 6 months) so that future enforcement can be done in jurisdiction more convenient for you. Check with an attorney licensed in FL. UCCJA & UIFSA have very precise rules for registration and notice.