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Can a Superior Court judge in Washington State vacate back child support that has been based on the wrong figures for 3 years?

Edmonds, WA |

The current order amount is based on the wrong money figures for about 3 years now. The fathers income has dropped by $20,000. to 25,000. a year, due to a stroke that happened a little least then 3 yrs. but has been paying $550. monthly in personal ck. to the mother[ the father has copies of all of it], the mother never claimed any of it to the State of Washington, Plus has been working and receiving other income she has not wish to claim to the state.
All these years and now the mother and the State of Washington Child Support Division are trying to get and garnish his wages for what they say he owes. They[the state of Washington] all ready have found that she owes the state 4,000. dollars in support she received fraudulently from the State for not claiming one years before filed .

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Attorney answers 1


It is incredibly unlikely that a court will retroactively change the amount of support due and unpaid in the past. What the Court can do with the correct proof is to reduce the amount of support due going forward to more accurately reflect the party's financial position. The obligor can prove the payments he's made by asking his bank for copies, front and back, of all the checks written to the ex. If she has been making material misrepresentations to the State, that is going to be a problem for her. But if there is a support order, signed by a judge that says "make payments to DCS. You will not be credited to payments made to somebody else" then arguably he had notice of where to pay.

DCS is tough to reason with. Once they decide that somebody owes support, that person really needs a lawyer. The only silver lining is that DCS won't collect back interest.

I know, cold comfort. Strongly recommend that you hire counsel to deal with this.

Elizabeth Powell

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