CS arrears

[wendl]

Soc,
This is what they gave me,

RCW 74.20A.0.0 #10
RCW 26.23.045
RCW 74.20.404

WAC 388-14A-13020

I will read them later and see too.
**These are my opinions, they are not legal advice**

[socrateaser]

RCW 74.20A.020(10) is the important statue:

(10) "Support debt" means any delinquent amount of support moneys which is due, owing, and unpaid under a superior court order or an administrative order, a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including medical expenses, of a dependent child or other person for whom a support obligation is owed; or a debt under RCW 74.20A.100 or 74.20A.270. Support debt also includes any accrued interest, fees, or penalties charged on a support debt, and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt.


Since the above definition includes attorney fees awarded in a support action, the CS office may garnish it.

So, they are right and we are wrong, and that's all she wrote.

[wendl]

Good Day:
 
Your inquiry has been referred to me.  I am pleased to respond.
 
We do not collect attorney's fees for the custodial parent.   We only collect child support, spousal support, child care, and medical expenses if reduced to judgment.  We would also collect interest if reduced to judgment.  We also collect paternity costs judgments that are awareded to the Department of Social and Health Servides.  These may include fees we paid to the prosecuting attorney in the paternity action.  
 
If attorneys fees have been included in a child support arrears debt that we are collecting, please provide me with more specific details.   I would be happy to discuss this with you.  Please call me at 1-800-457-6202.
 
Sincerely,
Persons name, Child Support Program Administrator
Division of Child Support Community Relations Unit    

[wendl]

A lady from the child support office of admin called today, she spoke to an attorney in the legal department for the cs office, they said that the field cs office should NOT be garnshing for attorney fees, they are going to be contacting the field office that handles dh's case and review his case and get back to me.

So I will let you know, Never know maybe I can get this stupid atty fees off of dh's cs case so he doesn't show in arrears.

:)

[socrateaser]

Interesting. After reading the law, I'd say that the attorney is wrong, but, hell, if they want to give you a break, great!

[wendl]

if it doesnt go my way we may be able to agrue this as the law stated:

"and attorneys fees and other costs of litigation awarded in an action to establish and enforce a support obligation or debt."

These attorney fees were NOT incurred due to an action to enfore a support obligation or debt. These attorney fees were because dh was trying to get custody of his kids, and at trial HER atty redid the cs order and REDUCED my husbands support obligation to exclude garnsihment for daycare.



**These are my opinions, they are not legal advice**