Legal Question in Family Law in Washington
Will DSHS settle partial lump sum of arrears?
I got full custody of my children years ago and prior to that the mother was on TANF and I paid no child support as I was on DSHS/TANF. After I received custody, my mother looked after the children for 8 months and she collected TANF while I also did simultaneously. I owe about $30,000. in arrears and the case was closed in 1999. I was on disability until 2006 and now cannot pay as I am just able to support my now 16yo and 18yo and wife.I can borrow some money. Would DSHS accept a partial payment as a settlement (I think called a partial charge off?) I need my passport (which I presume is suspended under federal law) as I wish to move to Canada and cannot apply for immigration until I have passport. I do not wish this to follow me to Canada as a garnishment - as it might complicate my immigration to Canada - hence I would like to settle for a lesser amount if possible (even to just have accrued interest removed). Is this possible?
1 Answer from Attorneys
Re: Will DSHS settle partial lump sum of arrears?
You can always ask. Worst case is they say "no". Past due support is a debt owed to the primary residential parent. If you were on TANF for eight months and your mother was getting assistance for looking after the kids (that's wierd) at the same time it is hard to understand how you could have racked up 30K in debt.
Perhaps if I understood the time line better this would make more sense. I think the debt you are asking about is the time when the mother was on TANF and the kids were with her.
You can ask the mom to let go of the debt you owe her; you can ask the State to accept payments or a lump sum settlement for the $ they expended while you could not work.
You initiate this process by requesting a conference board with DCS. If you hate the result you can appeal it.
If it were to create an endless hardship for you to pay back the state and the mother is not intent on getting her arrearages, they might go for it.
You will never know until you ask. N.B: don't bring up the Canada thing to DCS.
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