RE: vary afraid please help

[mystic]

Questions for you:

1.What paperwork exactly have you received from CA and what paperwork have you sent them? List everything.
  We have recieved on letter from them stating that the case had been transfered to them and they would be reviewing it and getting back to us.
 We have sent them nothing
2. What paperwork from WA?
  The original order was in WA and being collected by WA support enforcement so they are waiting for the case info from WA.

3. What State made the original (the very first one) child support order against you?  WA

4. Did you move to OR from WA after the custodial parent filed for child support in WA?
  Yes

[socrateaser]

OK, this is very tricky because of the multiple relocations across state lines during the process.

I need to clarify this:

1. The custodial parent filed for a modification of support in WA AND you received NOTICE of that filing from WA Child Support Enforcement (or whatever the agency in WA is called, while you were still living in WA? (Y/N)

If #1 is true, and now the mother has moved to CA, then, because the action was begun in WA, WA retains jurisdiction over the case unless it relinquishes jurisdiction to some other authority.

It appears from your facts that WA has actually relinquished jurisdiction to CA. If this is true, then CA must now modify your child support obligation using Oregon guidelines, because you are not a resident of CA, and, also because you have not agreed to submit to CA jurisdiction.

Be VERY careful what correspondence you make with CA DCSS, because you may inadvertantly submit to CA jurisdiction and you definitely don't want that. Of the three states, WA, OR, CA, OR has the lowest child support guideline and CA the highest, by a long way, and I'm certain you want to pay as little as possible.

If, however, WA is retaining jursidiction, and is merely asking CA to act as an intermediary in the action to obtain evidence from the custodial parent, then your obligation will be calculated based on WA law, which is better than nothing.

The best alternative is that CA takes jurisdiction, and I woudl argue strongly that this is the case, because that means that there can be no retroactive support ordered prior to the date that the mother applied for support/welfare in CA. Don't let them try to trick you into believing that you owe support based on CA guidelines and retroactive to the mother's filing for support in WA, because from where I'm sitting, you don't.

If you can post the exact text of the letter you received from CA, that may help me understand the case better.

[mystic]

#1 Actually mother moved to CA and applied for Welfare,  WA (the orignal state)  called and informed us that they no longer held the case and that CA had requested the records, then we where given a phone #.
  ( we moved across the border to OR 5 years ago)

After about 3 weeks of leaving messages in CA we finally got a call back,  we wher informed that the mother had been on Welfare since January so they would be back dating.  They also informed us that the support seemed low and would be recalcualting.  Thye would get back to us when they recieved the records from WA.

I hope this helps I have enclosed the letter below.  Thank you for your help.  Iam so afraid that we are going to have are bank  account siezed.

Letter says:
This office has been advised that you are the parent of a minor child, fo whom we are required to establish, modify or enforce child support pursuant to family code 17512.

  If a court order does not exixt, under CA and federal law we are required to determine your income so that the correct amount of support may be established.  If you are already ordered to pay support, we are required to periodically examine your case to ensure  that your order complies with the enforcement of support.  It is often necessary to inquire as to employment or income.
  Therefore, pursuant to Family code17512. please be advised that a written request has been made to your employer for relevent employment and income information.

[socrateaser]

Question: Does your employer have a presence in CA (maintains offices, does business regularly with CA)?

[mystic]

  My husband is unemployed esxcept for a few hours of work study though his College.
 
 

[socrateaser]

Gee, we just keep coming up against one twist after another.

Last question, I hope: Is your husband in arrears on the current support order?

If so, then how much does he owe?

[mystic]

We have not paid April's support since we just got the address from CA.
  But other than April's he is current.
 
1.Will sending CA the money that the current order reflects cause us any problems?

[socrateaser]

>1.Will sending CA the money that the current order reflects
>cause us any problems?

Yes it will. Continue everything as you have done in the past. WA has jurisdiction over the existing order. CA has the right to request that Oregon modify the order. CA has done nothing yet, so you do nothing.

Wait until you receive some correspondence from CA DCSS, or from OR DOJ and then let me know (or get an attorney). If you respond to anything sent from CA DCSS, you may accidently submit to CA jurisdiction, and you will be subject to the support guidelines of CA, which are quite a bit higher than Oregon's.

As it stands now, because of where and when everyone has changed residences and refiled, you are subject only to OR support law.

Try to stay current under the existing support order.

On your original question, DEFINITELY separate your accounts and assets so that they are all in separate name. File your tax return as married filing separately. If you have already filed for 2003, consider ammending your tax return. If you do, then CA will not be able to obtain your separate income information.

Ultimately, your best protection is to get a divorce and stay divorced until the kids are adults, or at least until your husband has a secure job. I realize that is not something you're gonna want to do, but, it's definitely the ultimate solution for protecting your assets.