CS arrears

[wendl]

Soc-

New order entered July 2004
CS reduced by $162 a month
BM's attorney included judgment for atty fees in new cs garnsihiment HOWEVER the papers show that its for atty fees and NOT back support.

Can the cs office consider the judgement for atty fees that are currently being garnsihed with cs as ARREARS??

the new order specifies that the 2k is attorney fees on the worksheet.


Reason I am asking is dh has never been in arrears since they seperated in 1998.

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

[socrateaser]

>Can the cs office consider the judgement for atty fees that
>are currently being garnsihed with cs as ARREARS??

Well, it's possible that in your jurisdiction, attorney fees awarded in a child support action are considered arrears. However, I doubt it. I would need to read your order to determine how to modify it, but you will have to file a motion for a "nunc pro tunc" order (literally, now for then), i.e., an order to fix the mistake.

[wendl]

ORDER OF CS filed 7/2/04

I. Judgment Summary

A. Judgment creditor BM
B. Judgment debtor   DH
C. Principal judgment amount ( back daycare)   $401.21
E.   Attorney fees:              2K

3.6 Standard Calculation.
   $650.00 per month

3.9 Starting date June 1st, 2004

3.15 Payment for expenses not included in the transfer payment
   Mother shall pay 38% & father 62% (each parents proportional share of income from cs worksheet
   Line 6 of the following expenses incurred on behalf of the children listed in 3.1

   Daycare
Payment shall be made to the parent receiving the transfer payment.

Bla bla bla about medical ins (each parent to carry it)

Bla bla abla about extraorodinary health care expense (each parent pay their % based on cs worksheet

3.20 Back cs

Back cs that may be owed is not affected by this order
The obligee parent is awarded a judgement against the obligor parent in the amount of 401.20 for back daycare for the period of xx date to xx date.

3.22 Other
BM is awarded a judgement against DH in the amount of 2k for attorney fees as ordered by Judge xx.

Done in open court this 2nd day July 2004.
They have been garnisghing 207 per week for months.


Last month bm atty tried to do a writ of garnsihment against dh with his employer, when I received papers, I called bms atty and informed her it was already being garnished with cs, her atty called cs office whom verified that they were already garnishing for this 2k


Thanks for your help. I just hate the fact they are saying he is in cs arrears when he isnt its due to atty fees. Which means if they continue to say he is in arrears we will have to file the injuried spouse thing so I can get my share of our tax return.

[socrateaser]

Technically, the judgment for attorney fees is in favor of the BM, not her attorney, so the attorney can and should separately obtain a writ of execution or garnishment for the $2K, but in BM's name, not the attorney's name. This money should not be garnished as child support, because it is not child support, and you can bankrupt out of it, if necessary.

Not sure what you want to achieve, but you cannot be considered in arrears in your child support, because the attorney fees aren't child support, based on my reading of the order.

[wendl]

what we are trying to achive is DH not to be shown in arrears, as this affects him from getting a fishing and hunting license which affects family things we do every year with the kids an affects our being able to claim ss on taxes and if they show arrears they will intercept our tax return.

Ok last question:

I am going to call the cs office regarding this, if they will do nothing about removing these fees as arrears

1) how would we go about getting this out of the cs office hands as it is NOT cs.

Thanks for you help

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

[wendl]

Talked to cs caseworker today, she said

1)dh will not have any of his licenses suspended for this as it was attorney fees, and he has a GREAT payment history.

2)That we could argue with the IRS to claim OSS as this is not a cs arrears and can show proof that its an attorney fee judgment.

She said the cs office per RCW (under other) that they can garnish for any judgements payable to bm whether its atty fees, medical etc.

Thanks again for your help, at least we may be able to still claim oss and dh won't loose his license, fishing license etc.


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

[socrateaser]

Please post the RCW statute that cs office claims give them authority to garnish for any judgment payable to bm.

I find this very difficult to believe.

[wendl]

She didn't give it to me, I have been looking thru the WA RCW's and havent found it yet, as I want to see for myself.

She told me most lawyers wouldn't know this, UNLESS they specialize in CS cases.


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

[socrateaser]

>She didn't give it to me, I have been looking thru the WA
>RCW's and havent found it yet, as I want to see for myself.
>
>She told me most lawyers wouldn't know this, UNLESS they
>specialize in CS cases.


Well, she wouldn't be the first civil servant to make a mistake, so keeeep looking.

[wendl]

I will keep looking, I spoke with a higher up than the case worker and he feels it shouldnt be like it is either so he is researching it and getting back to me, in the meanitme I am going thru all the RCW's (god their are a lot of them lol)

I will let you know what I find out.
Thanks again