QUESTION
Can orders be set/legal if DCSS used an already voided case?
Asked on Apr 08th, 2014 on Child Custody - Washington
More details to this question:
I opened a custody case in October. My son’s mom and I worked out a parenting plan between us and not go to court making my case become voided in November from lack of activity and file fees not paid. In April the next year, I found out DCSS filed for child support ordered for me to pay. They filed in January using my voided case.
4 ANSWERS
Mediation Attorney serving San Jose, CA
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Law Offices of Ernest A. Cardona, PC
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If the clerk of the court deems the file still open, and DCSS used it to file for child support, that does not void their orders. You should just proceed to defend yourself in the DCSS action and take appropriate steps to complete your custody case.
Answered on Apr 09th, 2014 at 8:13 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Your case may have been dismissed not voided. A private parenting plan is not legal so you shot yourself in the foot and resolved nothing. If DCS filed for support, the mother must be receiving some kind of public benefit for the child. Therefore, the state must try to get support from you to reimburse itself, so the tax payer doesn't have to pay for your child.
Answered on Apr 09th, 2014 at 1:51 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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A case is not voided unless the case is actually dismissed by the court. It sits there dormant until someone files something or the case is finished. With kids, the case will stay open until your child support obligation ends - kids aged 18 and graduated high school, or age 19, could be forever if a child is disabled.
Answered on Apr 09th, 2014 at 1:51 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This sounds like a major problem. You should probably hire a lawyer. If you cannot hire a lawyer you can try to contact DCSS on your own.
Answered on Apr 09th, 2014 at 1:51 PM