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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Question How to Modify Support and Seek Contempt Over Arrears

    My question involves child support in the State of: Washington, Texas, and Colorado.

    First, I should explain that I am affiliated with the military, which is why so many states are involved. I will try to keep this as clear as possible. My childs father is in arrears; approx. $5000.00 behind. The original court order was issued from Washington in 2000, where HE lived at the time; I lived in Texas. The Attorney General in Texas received and then sent my payments to me, and still would if the payments were arriving as they should. AG Texas still sent me payments while I was in an overseas location. I am now currently in Colorado. I have not asked Colorado to take over the case, but I do plan to do so once I've located the required documents (still packed in a box somewhere!).

    I would like to ask for a modification of the original order, since it was established 12 years ago when my child's father was making almost nothing. However, he is now unemployed by choice, has enrolled as a full time college student using his GI Bill (untouchable by CSE) from when he WAS in the military, and he is being supported by a girlfriend (meaning no unemployment benefits, I think)...Basically, he has no money that any CSE agency can legally put their hands on..I believe. And a modification to the order would then lower the monthly payments (not erase the arrears) since he is unemployed. Am I correct on this? I would also like to file Contempt, but I have no idea which state I should file it with. Or, should I wait until Colorado has take over my case? I recently had another child, currently 6 months old, so I am now responsible for two children. I do work full time, and have worked full time for the last 12 years. I'm not on any public assistance, I provide medical and dental coverage for both of my children, on top of all of the other expenses ensuring we're all taken care of.

    Can anyone tell me, please, what my options are? The father currently resides in Virginia, so when Colorado takes over, this will still be an Interstate case. VA has so many enforcement methods-vehicle seizure, license suspension (both vehicle and professional licenses), etc....But what does any of that matter to a person who is unemployed? Besides having my current state take over, what - if any- are my other options? I thank you, in advance!!!!

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: How to Modify Support and Seek Contempt Over Arrears

    Ok. A lot of questions and issues here. I'll start with the easy one first.

    Your ex is voluntarily unemployed. Unless he can prove he's been actively looking for work, and it wasn't his fault he's not working, the judge should impute him an income that he could reasonably expect to make.

    The states have me a bit perplexed. I'm not sure if Washington transferred the case to Texas or Texas just basically acted as an intermediary and dispursed payments.

    What I would do if I were you, is to have a chat with one (or more!) family law attorneys. You should be able to get low or no cost consultations, and during the consultations, you can ask them what they would do to resolve it for you. Ask very detailed questions. (write them down before you go) Ask if you can record the conversation so that you can remember everything that is said. Then you have the option to use the attorney, or just follow that attorney's plan of attack. Make sure you ask the attorney(s) about getting your ex's Federal Refund (if any) as well.

    Good luck.

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