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Author Topic: wash state retro adjust temp child support [Please read I'm In trial]  (Read 3318 times)

gipsy

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Ok I was screwed , Now at trial the judge asked for case laW OR A LAW THAT permits retro active child support adjustment , trial resumes monday , If any one has any case law to permit that .or knowledge please post , Please for now only post pertinant infoe this is for trial monday ,As A note for those of you that have read my posts about the psycho ,And her MANY ALLEGATIONS, she has shown at trial with no witnesss, Wow what a wierd deal , !! What a relief , I visioned her tryting to bring up a bunch of trumped up witnesses , My atty and I think this is a bit odd , will post later So far trial is good , Really nothing to argue since she hasn't brought a single witness ,Well please try to keep posts that pertain to wash state law for temp child support orders


FatherTime

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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.

wendl

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Gipsy,

Does atty know any case law.

Fathertime what part of Wa are you in.

Good luck Gipsy, call me you have my # I will be home all weekend but best to call after 7pm

:)

FatherTime

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Yukima. (yak)

;(

gipsy

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wash state retro adjust temp child support [Please read I'm In trial]
« Reply #4 on: Dec 11, 2003, 08:19:53 PM »
Ok I was screwed , Now at trial the judge asked for case laW OR A LAW THAT permits retro active child support adjustment , trial resumes monday , If any one has any case law to permit that .or knowledge please post , Please for now only post pertinant infoe this is for trial monday ,As A note for those of you that have read my posts about the psycho ,And her MANY ALLEGATIONS, she has shown at trial with no witnesss, Wow what a wierd deal , !! What a relief , I visioned her tryting to bring up a bunch of trumped up witnesses , My atty and I think this is a bit odd , will post later So far trial is good , Really nothing to argue since she hasn't brought a single witness ,Well please try to keep posts that pertain to wash state law for temp child support orders


FatherTime

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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.

wendl

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Gipsy,

Does atty know any case law.

Fathertime what part of Wa are you in.

Good luck Gipsy, call me you have my # I will be home all weekend but best to call after 7pm

:)

FatherTime

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Yukima. (yak)

;(

tzaddi

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I don't know about getting the judge to adjust the child support, but you might be able to get DCS to adjust it.  If you've overpaid, you can get DCS to collect it back for you.  If the judge vacates "rather than modifies" the previous child support order, you don't have to ask the judge to order a back reimbursement, you just bring the vacated order to DCS and they will seek reimbursement for the amount you overpaid.

You can also get your child support modified through a hearing with DCS instead of through the courts, but as far as I can tell they are not empowered to grant deviations from the child support worksheets (so if your old amount included any deviations for the percentage of time your spent with you or child support you pay to another family, etc.) you might be shooting yourself in the foot by going through them.  But if the calculations are wrong and you're going by the charts exactly, you might have much to gain.

Good luck!

tzaddi

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I don't know about getting the judge to adjust the child support, but you might be able to get DCS to adjust it.  If you've overpaid, you can get DCS to collect it back for you.  If the judge vacates "rather than modifies" the previous child support order, you don't have to ask the judge to order a back reimbursement, you just bring the vacated order to DCS and they will seek reimbursement for the amount you overpaid.

You can also get your child support modified through a hearing with DCS instead of through the courts, but as far as I can tell they are not empowered to grant deviations from the child support worksheets (so if your old amount included any deviations for the percentage of time your spent with you or child support you pay to another family, etc.) you might be shooting yourself in the foot by going through them.  But if the calculations are wrong and you're going by the charts exactly, you might have much to gain.

Good luck!

 

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