Well sorry to say but I believe that federal law does not allow for the adjustment of child support for non-custodial parents without physical custody. (wait it gets more confusing...)
This is a topic that I have been looking into for quite sometime. I live in Washington state. I think that it comes down to what your definition of is is.
What is a custodial parent, custodian, legal custody and physical custody? The definition as understood by the judge is what would determine the outcome.
[a href=http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=74.20.065]RCW 74.20.065[/a] deals with the wrongful deprivation of custody from the legal custodian. Well, what is a legal custodian? Someone with legal custody, which could be both parents, or the physical custodian? It's a very gray area to me...but more than likely black and white to the officers of the courts.
Also, I am curious, how was custody determined? Was the child support set by Administrative order? Did DSHS basically determine who the custodial parent was? see [a href=http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=26.09.285]RCW 26.09.285[/a]
The term "custody" was supposed to be changed in the last major change of child custody determination laws in the 1989 Washington State Parenting act. Read the study regarding it and see what really happened. see the [a href=http://www.courts.wa.gov/newsinfo/newsinfo_reports/?fa=newsinfo_reports.parent]study here.[/a]
The author Die -n- lie (Diane Lye) really did a good job of differentiating the difference between the court officials and the public at large. It looks like only the public has to follow the recommendations of the 1989 Parenting Act.
More to come...let me know what you learn. I am gearing up for a showdown on this very issue in about 2 months.
Although, a judge can make the determination to remove child support if there is information that was not known to the court prior to it's child suport determination. But, unfortunately, there are no case laws that I know of in Washington state.
This is a topic that I have been looking into for quite sometime. I live in Washington state. I think that it comes down to what your definition of is is.
What is a custodial parent, custodian, legal custody and physical custody? The definition as understood by the judge is what would determine the outcome.
[a href=http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=74.20.065]RCW 74.20.065[/a] deals with the wrongful deprivation of custody from the legal custodian. Well, what is a legal custodian? Someone with legal custody, which could be both parents, or the physical custodian? It's a very gray area to me...but more than likely black and white to the officers of the courts.
Also, I am curious, how was custody determined? Was the child support set by Administrative order? Did DSHS basically determine who the custodial parent was? see [a href=http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=26.09.285]RCW 26.09.285[/a]
The term "custody" was supposed to be changed in the last major change of child custody determination laws in the 1989 Washington State Parenting act. Read the study regarding it and see what really happened. see the [a href=http://www.courts.wa.gov/newsinfo/newsinfo_reports/?fa=newsinfo_reports.parent]study here.[/a]
The author Die -n- lie (Diane Lye) really did a good job of differentiating the difference between the court officials and the public at large. It looks like only the public has to follow the recommendations of the 1989 Parenting Act.
More to come...let me know what you learn. I am gearing up for a showdown on this very issue in about 2 months.
Although, a judge can make the determination to remove child support if there is information that was not known to the court prior to it's child suport determination. But, unfortunately, there are no case laws that I know of in Washington state.