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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91268
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a daughter with a gal I lived with for 6 years. I rented

Resolved Question:

I have a daughter with a gal I lived with for 6 years. I rented and contributed until 2 years when abruptly moved and then found a new boyfreind. She has refused visitation and turned me into social services for child support. I can afford 350-400 a month in support. She has a good job for a school district and full benefits. The State DSHS adminitrative law judge imputed my income and ordered me to pay 750 a month. I filed a judicial appeal and prevailed and they remanded back for a new DSHS aministrative hearing. We had it and she did it again and I filed another appeal and have the same Superior Court Judge again for the new hearing. She is taking no state benefits, so dshs is simply enforcing the child support and does not allow me to ask addresses etc or let me know where they live. She has car of mine she refuses to give back and I pay payments and insurance on it, but it doesnot count towards the child support. If I could get rid of the car expense i could afford more support.

She has denied me visitation and told the court I have not been in the childs life since birth. Kind of hard to do when you build a house, we all live in new house for 5 years with my 2 daughters and I lease additional property in my name for an additional 4 years.

I am going to bring a cause of action in the Superior County Court in county she lives for Visitation, Setting of support and approval of parenting plan, and conversion of property. I would assume if I bring the cause of action in uperior Court with proper jurisdiction, they will set the support in a more fair manner and have a "bigger picture" of the case.

She has let the state be the 1200 pound gorhilla and I can not pay the support the state is mandating and the first judge ruled on appeal the state set it in an arbitray and capricious manner. I think the Supperior court will be better to review and take he time to look at all the evidence. I have no Idea what she has told our daughter where i went I have not seen her for 2 years as I go through all this litigation.

Sorry for the long question, just wanted to get some details

Just wanted to know if the action in superior court would be proper and including the conversion of property appropriate to bring all matters before the judge. She has been dishonest with the system and i think her new boyfriend is driving it. He sent me an email wanting to "take it outside like a man" and leave them alone.

Arnt you glad you arent me

Brad
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, if DSHS is not finding properly and is improperly imputing income, then your proper move is filing a petition for child support/custody/visitation in superior court and pursue her for not just the proper support amount, but visitation and custody rights (such as joint legal custody where one of you is primary physical custodian, which DSHS cannot determine). At this point, you would do best given DSHS less than willing attitude to follow the judge's orders by sending it back to them, to hire a local attorney and file this in court and seek to avail yourself of your right to custody and visitation as well as a proper calculation over your support.




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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91268
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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