Can I file a declaration for my upcoming child support modification hearing? If so, what can I put in it? In Clark Co. WA

I used the space at the end of the worksheets to list additional information as to why I am asking the court to change the amount of support, but I have information I would like to submit that I did not feel was right to put there. When my support amount was set through the state my ex said that she did not live with me for several months that she actually did and I supported her and our child. I did not know this at the time. A few months later in our divorce she submitted paperwork saying they did in fact live with me. Can I submit copies of both of these conflicting statements by her as a reason to lower support? I owe money to "back child support" that I clearly should not. Can I submit a declaration showing proof that she lied to the state in an attempt to collect more money from me?

Vancouver, WA -

Attorney Answers (2)

Bruce Clement

Bruce Clement

Family Law Attorney - Auburn, WA

Sounds like you really need an attorney to help you with this. Most of what you want the court to consider should be put in a sworn declaration, filed with the clerk, and served on the opposing party or attorney. The rules on doing this are different in each county. If you don't do it right, the court can ignore your filing. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on child support and court procedure for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”

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Peter Jaret Abbarno

Peter Jaret Abbarno

Workers' Compensation Lawyer - Centralia, WA

I agree with the previous response. You should consult with an attorney. There are issues of modification based on current and future resources and there are issues of modification based on fraud to the court and DSHS for past support.

Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The... more

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