Child Support Reduction and Jurisdiction
Seattle, WA
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Posted about 1 year ago in Child Support
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I am divorced, living in the state of Washington, and paying child support to my ex-wife in Colorado. The divorce and child support order are from Colorado. The suppost payments have been current for some years, but there is a sizeable back balance. The payments are made via payroll garnishment, with which I have no problem.
Last year I petitioned the court in Colorado for a reduction in support, and the court granted it. The child support agency in Colorado notified its counterpart in Washington. The Washington child support agency did not reduce the support amount. Instead it said it would consider it is I signed a waiver of the statute of limitations, and filled out financial forms. I asked them which state had jurisdiction, and they said it was Colorado, but since they were the collection agency for Colorado, their decision trumped the Colorado court decision (I am paraphrasing.) That was last summer. After that I was dealing with a serious health crisis, and I am just now able to return to pursuing this. What are my options? - Is this your question? Add additional information Answers (2)Sandra Dee Munoz
This attorney is licensed in California.
Posted about 1 year ago.
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You might have to start all over, as it appears from your facts that you let the matter drop while you addressed your health issues. Call everyone again at both agencies, and find out what the next step is.
Good luck! Michael Andrew Zywicki
This attorney is licensed in Colorado.
Posted about 1 year ago.
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The Agency's decision does not trump Colorado's decision. Full Faith and Credit guarantees the decision in one state, Colorado's support decision, is given full faith and credit in Washington. Washington does not have a choice but to enforce the Colorado order. I would contact Washington and Colorado on a conference call. On the call, I would tell the Colorado agent what Washington stated and force the two to discuss the issue and resolve it while you are on the phone. In the short run, I would ask Washington what statute, rule, or law allows them override Colorado's decision. My guess is you will not receive a response since there are no statutes, rules or laws that override the Full Faith and Credit clause in the United States Constitution.
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