Statute of Limitations in Washington State

[dstephens]

My question involves child support in the State of: Washington.

Hi,
My mother has a judgement for back child support from my father. Yesterday she received a phone call from the case worker stating several things, first, that there was " a check available" that she would be sending out shortly. (You have to understand that we were both shocked because my father has paid approximately $3,000 during my entire 27 years on the planet!)
She then said that they have located some money that would mean that we would be getting checks for the next ten years (I have to assume that it is either because he now qualifies for SS benefits or has won the lotto) BUT in order to collect the arrears owing we must file some forms to get the judgement extended otherwise the judgement will cease in April of 2010 (when I turn 28). Unfortunately, the caseworker would not tell my mother which forms to file, but instead told her to do a google search.

My questions are:
1) Has anyone had a similar instance? Can you direct me to which forms should be filed?
2) If a post-Secondary Education Support Order was filed does this extend the time before the statute of limitations kicks in?
3) If these are in fact "windfall" earnings (ie. lotto winnings) is he required to pay the entire amount of arrears in full upon or before the disbursement of said winnings.
4) If these a SS benefits, will I be eligible for survivors benefits up to the amount in arrears should his death occur before the judgement is paid. (Not wishing him any ill will of course!)
5) Will payments come to me or to my mother? If anything were to happen to her would those payments come to me, or cease to exist?
6) Are we (my mother and/or I) entitled to a copy of the entire case file? If so is it provided free or is there a fee involved?

Thank you very much in advance for your time and help. It is truly appreciated.

[Xena]

My question involves child support in the State of: Washington.

Hi,
My mother has a judgement for back child support from my father. Yesterday she received a phone call from the case worker stating several things, first, that there was " a check available" that she would be sending out shortly. (You have to understand that we were both shocked because my father has paid approximately $3,000 during my entire 27 years on the planet!)
She then said that they have located some money that would mean that we would be getting checks for the next ten years (I have to assume that it is either because he now qualifies for SS benefits or has won the lotto) BUT in order to collect the arrears owing we must file some forms to get the judgement extended otherwise the judgement will cease in April of 2010 (when I turn 28). Unfortunately, the caseworker would not tell my mother which forms to file, but instead told her to do a google search.

My questions are:
1) Has anyone had a similar instance? Can you direct me to which forms should be filed?
2) If a post-Secondary Education Support Order was filed does this extend the time before the statute of limitations kicks in?
3) If these are in fact "windfall" earnings (ie. lotto winnings) is he required to pay the entire amount of arrears in full upon or before the disbursement of said winnings.
4) If these a SS benefits, will I be eligible for survivors benefits up to the amount in arrears should his death occur before the judgement is paid. (Not wishing him any ill will of course!)
5) Will payments come to me or to my mother? If anything were to happen to her would those payments come to me, or cease to exist?
6) Are we (my mother and/or I) entitled to a copy of the entire case file? If so is it provided free or is there a fee involved?

Thank you very much in advance for your time and help. It is truly appreciated.

Considering that a large sum of money is at stake, your mother should get a consult with a local attorney ASAP.
Consults are generally inexpensive and it is really the only way for her to find out exactly what she needs to do.
To answer a few of your questions though:

The attorney she consults with can best answer questions 1,and 2.

Question 3) Typically the entire arrearage is paid from lottery winning, IF the winnings are large enough.

Question 4) No. Survivors benefits for children are only paid to minor children.

Question 5) Payments will be made to your Mother. The attorney she consults with will be able to tell her what will happen to the payments if she passes.

Question 6) Are you referring to the court file? If you are, it is public record so anyone who wishes may view the file. Courts usually charge for copies, the court clerk will be able to tell you what they charge for copies.

[dstephens]

Thank you Xena for replying to my post. My mother just received the first check in 20+ years causing her to break down in tears. You have no idea how hard she worked (often 3 jobs) to provide the best she could for me. I'm just truly grateful.

I have contacted the court to obtain the case file, and we are currently searching for a reputable family law attorney in Washington who can handle our case.

Again, thank you very much for your assistance!

[Xena]

Thank you Xena for replying to my post. My mother just received the first check in 20+ years causing her to break down in tears. You have no idea how hard she worked (often 3 jobs) to provide the best she could for me. I'm just truly grateful.

I have contacted the court to obtain the case file, and we are currently searching for a reputable family law attorney in Washington who can handle our case.

Again, thank you very much for your assistance!

That's wonderful, and a great way to start a new year.
Hopefully things will continue to get better for you and your mother.