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I'm sorry to hear about your situation. Really these are two different situations. The child support is something that he already has a legal obligation to her to provide (assuming that there is in fact a court order that orders it), but the obligation on the car loan is a mutual obligation that they both have (assuming that she signed the loan documents as well as him). That is, she can take him to court to enforce the child support order, because he is in contempt, and non-support can be illegal (which could make him wind up in jail). The car loan, on the other hand, is still actionable by her against him (especially if he has possession of the vehicle), but it would require an entirely new lawsuit against him, and his noncompliance is not something that would make him wind up in jail.
that being said...
it's ultimately up to your daughter whether or not she takes him to court for either the child support or the car loan situation.
The good thing is that she can contact the Atty. Gen.'s office for the State of Washington and seek assistance in enforcing the child support order, including getting a garnishment against him.
The information can be found here:
again, if she is not willing to pursue him for that child support, that's often in the discretion of the party that benefits from it, BUT the AG's office can seek enforcement sua sponte (on their own, without her consent) because ultimately child support is for the benefit of the child, not the parent.
Sometimes informing them of the issue (even you could do that) will prompt action on their part, but that's ultimately up to them as to whether they would prosecute that case in the situation where she would not be willing to pursue it.
as for the car loan situation, that really is entirely up to her as to what she can do about it. Since she has signed on to the loan, they can pursue her for, and actually garnish wages if they get a judgment against her. That means that they would have to sue her in court for the nonpayment, get a judgment, and get a writ of garnishment from the courts to allow them to do so. She can, in the situation that they sue her, "implead" her ex-boyfriend ( meaning that she brings him into the case) but ultimately a judgment would be joint and several (which means that the plaintiff loan company can go after either party for the entire amount if they want to).
She can also sue him for anything that she is out as a result of him not paying on the loan.
If the amount of that claim would be under $5,000, she could bring it in small claims court. She can find more information about small claims in her county by doing a search on the web for her county and "small claims". She can contact the small claims clerk to inquire about the process, forms, fees, etc... to sue on this.
Again, this would be entirely up to her as to whether she would want to do it or not. While you could contact the AG for the child support issue, there would be a lack of standing on your part to sue the ex-boyfriend for the car loan. That really would be entirely up to her.
And I could only encourage you to not give up trying to convince her to take him to court and "take care of business".
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Thank you for your help. i have been telling her to take him to court for years now. i will pass this information onto her and hope and pray she does something with this information.
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