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Joseph
Joseph, Family Law Attorney
Category: Family Law
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Experience:  I have over a decade of experience as a Family Law litigator
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I have a court order when I was on assistance in Washington

Customer Question

I have a court order when I was on assistance in Washington State in1994 for $387.00. I am the sole residential custodial parent. A few years later I no longer needed assistance, but he continuted to pay me by giving me his own personal checkbook for payments. He did miss payments here and there years ago.He has only visited a handful of times. I married and moved to New Jersey almost 12 years ago. almost 3 years ago I divorced and he and my daughters father and I agreed on an increase of to $700 a month. He has never paid medical, dental etc.

He lives in New Mexico. My daughter and I reside in New Jersey where she is now 18yrs of age. Registered full time in a Community College in the FAll and he refuses to pay another dime. What are my options? He wrote a farewell letter to my daughter as well.
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.
Hello there:

yes and no. Washington state has jurisdiction unless jurisdiction is changed with permission of the court. It is correct that child support terminates in a Washington state child support case when the child turns 18 (or, 19 if the child is still in high school), but Washington will also order that a parent's support continue through college. Wash. Rev. Code § 26.19.090 provides that the court may, in its discretion and according to enumerated factors, award college support. In other words, he is not entirely off the hook just yet.

You can make a new request for support to help with college expenses. You will have to go back to court, but it is definitely possible that his support obligation will actually increase when you do.

I hope that this helps.
Customer: replied 4 years ago.

Wow! I'm confused? I thought I read something about if neither parent lives in the original state anylonger as well as the child, there was a loop hole?

 

Thank You very much. I'm just in "aw" over he desire to stop supporting his daughter as well as be out of her life.

 

Will I need to go to Washington for Court and how do you do this?

Customer: replied 4 years ago.
Relist: Incomplete answer.
Neither parent lives in Washington State any longer. I read there was a loop hole and would I have to go back to Washington State
Expert:  Brandon M. replied 4 years ago.
It is not a loop hole, and I apologize because I probably should have explained further. If neither parent nor the child lives in the state that the order was made, jurisdiction of the case may be transferred to the state where the child resides. So, in short, it is in Washington until either party requests that it be moved to NJ. I should point out that an "appearance" in Washington would still be needed to get the case transferred, but that does not mean that you should not do it.

That said, the law in NJ is extremely similar. In the NJ case of Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982), the court held that the court has jurisdiction to award a payment of support and expenses of a child attending college even though the child has reached the age of majority.

Sorry about the misunderstanding. I hope that this clarifies.
Customer: replied 4 years ago.
Relist: Incomplete answer.
This order was from the Washington support enforcement from an attorney? I'm confused. We've never used them for years.
Expert:  Brandon M. replied 4 years ago.
I'm sorry; I did not see your new question until now.

That said, I do not understand the new question. Which order? Attorneys do not make orders.
Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  Brandon M. replied 4 years ago.
I know that the answer is incomplete, but I do not understand your last question. Perhaps you could rephrase?
Customer: replied 4 years ago.


My question is not able to be answered. I am not 100%satisfied.

 

thanks you

Expert:  Joseph replied 4 years ago.

I'm a family law attorney and I'd be happy to see if I can assist you. However, I don't know if you're still looking for help.

 

Please let me know if you want to proceed.

 

Thank you.

Expert:  Joseph replied 4 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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Joseph
Joseph
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I have over a decade of experience as a Family Law litigator