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  1. #1
    Join Date
    Sep 2007
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    5

    Smile Statute of Limitations for Support Orders in Washington State

    I was ordered to pay child support in 1986 at $123.66 per month. On Feb. 18, 1997 I signed an “Agreed Settlement/Consent Order” that modified the current support to $50 per month per child. (Within this document there is a note that the back support payment amount is “not addressed”). I have two children who were 18 in 1998 and in 1999. The current support payments stopped accruing when they each turned 18.

    The child support office told me that there is an original child support order in 1986 which was modified in 1997. Do I need to see if the “Agreed Settlement/Consent Order” that I signed was later taken to court, ruled on, and signed by a Judge?

    How does the statue of limitations apply to my case for back child support? Does the modification in 1997 make it where I owe all the back child support until 10 years after my youngest child turned 18 or does the original order have precedence?

    By Washington State law, any child support orders that were entered on or before July 22, 1989 have a 10 year statue of limitations. A book I found states, "Although the statutory language is somewhat murky, a judgment for back support entered after July 23, 1989 extends the statute of limitations on the underlying installments to ten years after the youngest child named in the order turns 18". My accrued back support may be almost paid off if the original order has precedence.

    I am requesting a conference board with the Washington State Support Office because they now want to take half of my income per month. I would like to know where I stand legally before going into this conference.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Statue of Limitations for Support Orders in Washington State

    Why do you believe that you shouldn't reimburse CP for the costs associated with raising your child? Just curious.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Statue of Limitations for Support Orders in Washington State

    If I were seeking to collect the support, obviously I would argue that the acknowledgement of the arrearage in the 1997 order renders the arrearage collectable through the minor's 28th birthday.

  4. #4
    Join Date
    Sep 2007
    Posts
    5

    Default Re: Statue of Limitations for Support Orders in Washington State

    Quote Quoting moburkes
    View Post
    Why do you believe that you shouldn't reimburse CP for the costs associated with raising your child? Just curious.
    Why do you believe that CP should be able to reduce my already small monthly income to $345 because my children received state assistance many years ago? Is that an amount that you can live on? I won't even be able to pay rent. I would appreciate some help from someone who is supportive and knows the answers to my underlined questions.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Statue of Limitations for Support Orders in Washington State

    Quote Quoting Mermaid3193
    View Post
    Why do you believe that CP should be able to reduce my already small monthly income to $345 because my children received state assistance many years ago? Is that an amount that you can live on? I won't even be able to pay rent. I would appreciate some help from someone who is supportive and knows the answers to my underlined questions.
    The CP isn't doing that the state is. When the child/children receive state aid to help the CP get by, then the NCP reimburses the state for its assistance.

    My income is small as well. But, as CP, I use it to pay for the upkeep of my children. I don't get a "choice" about whether or not some of it should be used for them.

  6. #6
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Statute of Limitations for Support Orders in Washington State

    Why do you believe that CP should be able to reduce my already small monthly income to $345 because my children received state assistance many years ago?
    The STATE demands repayment to the taxpayers that supported your children. Why do you think that the taxpayers should financially support your children?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statute of Limitations for Support Orders in Washington State

    Let's end this digression, as it isn't constructive. Thanks.

  8. #8
    Join Date
    Sep 2007
    Posts
    5

    Smile Re: Statute of Limitations for Support Orders in Washington State

    Since I last posted I have got some free legal advice from the NW Justice Project. I also requested a list of my actual payments and a list of how the State of Washington calculated the support debt. It took three phone calls to the State of WA but they finally sent me all of the information that I requested.

    The NW Justice Project is contacting and inquiring with the WA State Child Support to see if I have any judgments against me for this debt. I don't believe that I have any judgments.

    Now I plan to research my divorce records to see when I actually had my children and see if the debt calculation is accurate.

    I have requested a conference board with the State of Washington to continue to dispute raising the garnishment on my Social Security from $50 to 50%.

    I have went inline in the Revised Code of Washington (RCW) and also found a free site where I can research old case law. I looked up how the statue of limitations has changed over the years and how different cases were ruled on. I believe I have a case against the State of Washington and may be able to get back some money that was taken without regard to the 10 year statue. The question is: whether I want to fight the government or not?

    I will contact the free legal help again to see if they have found out whether I have a judgment or not and then discuss my options with them.

    I realize that divorce, separation, and child support is an emotionally charged issue. I hope each person who is suffering in these matters will find some freedom, healing and peace. I also hope this post can some help someone else who is searching for answers to legal questions.

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