I have to make a decision within the next week regarding whether or
not to appeal a Snohomish County, WA Judge's ruling that even though
none of the parties (my ex, our child or I) have lived there for 2 or
more years, Washington retains Continuing Jurisdiction, but not
Exclusive Jurisdiction for Our Order of Child support. This permits
ex to continue filing petitions for modifications in Snohomish County.
(I registered our Order of Child Support and Custody orders at the
Ada County, Idaho Courthouse in May, 2004, over a year after our child
and I moved here, with the intention of moving jurisdiction here.) My
ex will not agree to moving jurisdiction out of Washington.
Here are the reasons I want jurisdiction out of Washington:
If it stays there, my ex can and will continue to petition for
modifications every time he changes jobs or moves, which historically
is happening at least every 18 months (we are now on our third Order
of Child Support in 3 1/2 years, at his instigation, and with the
courts approval). In Washington, the Dept of Child Support will not
file paperwork or help me to respond to his petitions for
modification. I cannot represent myself there, and it is costing me
$1000 - $1500 per month in attorney fees.
If jurisdiction were in Idaho or California (where my ex lives), he
may continue to file modification petitions every 18 months or so, but
Child Support Services will file my responsive paperwork and appear
for me, at no cost to me in California, and at a minimal cost in
Idaho.
Snohomish County courts are providing my ex with his right to due
process (the ability to take me to court every 2 or 3 months to modify
visitation or child support), but they do not provide me with the
right to a judiciary that will enforce their own orders. My ex earns
more than 4 times what I do (he reported $8460/mo. to the court, vs.
my $1830), and can easily afford this. I cannot.
If I go along with his latest petition to modify (our 3rd order of
child support in 3 1/2 years) in Washington, is there anything I could
do afterwards to definitively transfer jurisdiction to Idaho (where
our child and I live), or California (where he lives)?
My attorney in Washington says I should appeal this decision to the
Washington court of Appeals in Seattle (at a cost to me of about
$7000), and the court should allow jurisdiction in Idaho or
California, based on UIFSA and case law from other states. From
reading WA RCW 26.21.115, I'm not so sure I would win.
Do you think I should appeal?
How can I can get jurisdiction for Child Support moved to Idaho or
California (without the agreement of my ex)?
My attorney in WA says I could Petition for Modification of Child
Support in CA only, since he lives there. CA Child Support Services
told me I would have to live there. My attorney in ID says I can't
file a Petition to Modify here, until WA releases jurisdiction. How
do I escape this mess? How do I get jurisdiction out of Snohomish
County, WA? |
