QUESTION
Can a spouse legally file for child support, if a court order between the mother and father has already been enforced?
Asked on Apr 09th, 2014 on Child Custody - Washington
More details to this question:
My child's father and I have a court order that states we have joint physical and sole custody. We split the calendar year equally. His wife has recently applied for child support. Child support is now garnishing over 75% of my check. Is this legal and what should I do if there is already an order between the father and I?
3 ANSWERS
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Child support is always modifiable. However, your former husband's wife has no standing to file for child support so there is something more happening.
Answered on Apr 11th, 2014 at 9:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I'm sorry, but I cannot make sense of your question. I would suggest you take all the details until an attorney.
Answered on Apr 10th, 2014 at 12:18 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Orders are not between people. If the court signed an order that states no transfer payment for child support needs to be made, than that order would need to be revised to get a transfer. His wife can not apply for child support, only he can. If support is being garnished, there must be a court order. That order would have taken any previous orders into consideration. Best to have a lawyer look at all the documents, because it sounds like you are quite confused.
Answered on Apr 10th, 2014 at 11:57 AM