Legal Question in Family Law in Washington
About four years ago i was on state assistance for medical for my daughter, the state of washington decided to go after her father for child support, the final out come was that he was supposed to pay 207$ per month in support. The only time he has paid has been when he is in prison for work release ranging in the amounts of 3$-12$. He makes little attempt at seeing her about three times per year. A couple of years ago we actually moved about a mile down the road the road from him and still no contact but have since moved. He landed him self in prison in aug of 2009 and is getting out of jail in oct of this year. Yesterday(7-23-10) i recieved a notice from the court stating that he is requesting a modification of child support when i called the clerk to ask about it she advised me they would probably lower the support based on his income which is nothing she stated around 25$ a month would likely be the judges response. I cant afford a lawyer as i am a single mother of two and would just like him to give up his rights that way i dont have to bother with him and he doesnt have to worry about support, currently he owes just shy of 12,000$. i dont think he will just sign his rights over though is there any way to have it court ordered since he has virtually no contact with her? The packet of info i have to fill out gives me twenty days to respond, i dont know where to go to for legal advise, please help.
1 Answer from Attorneys
While you may be able to have his rights to visitation or decision making terminated, unless there is a step-father who would adopt your child and take over responsibility for her, the court will not absolve him of responsibility for your daughter.
Although I have not read the paperwork you've been served with, I am going to assume that your daughter's father, as an ex-convict, has little job prospects. If that is true, then yes, he'll be ordered to pay the minimum, which is a pittance. That said, know that if he is asking for a modification, it's may be because he is trying to make something of himself and actually pay what he owes. Right now, he probably can't get a passport, nor a driver's license due to his severe back support owed. In order to have a shot at getting those back, he'll need to work out a payment plan that he can afford and be current on it for some period of time.
If this is the case, you'll have no choice but to do your best, as you have been doing, and keep tabs on him. As soon as you are aware that he has money or a job, you should file to modify the child support order again to result in higher payments that are garnished from his paycheck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
