I just moved to Washington from North Carolina about a mth ago. My son's father still lives in North Carolina. Somehow when we were still living there he got his child support terminated. I tried getting it reinstated before I moved but couldn't appear in court before the day I had to leave. I want to know how or if it's even possible for me to get child support reinstated with us living in different states. I also need to know if there is a way to get it reinstated if there's a way were his father won't know where we are. We left North Carolina so we could get away from a bad situation we were in with his dad and I really don't want him to know where we are if it's at all possible. I also need to know what can be done if anything about the fact that he works under the table jobs so that when I go after him for child support he can say he doesn't have a job and there is no way that I can prove it so he doesn't have to pay much. If I could somehow get him to tell me or a mutual friend with out him knowing why and find out how much he make a mth could that be used as proof that he's working even though it's under the table. Last time he had to pay child support he only had to pay $50 because he say he didn't have a job even though he was working under the table but I couldn't prove it. I need any help I can. So if anybody knows anything about this. Please let me know. Thanks.
amccoy
The main problem is that jurisdiction and venue are most likely in North carolina. Also, your claims may have need to have been excercised at the last hearing. It sounds as though you have been "defaulted". If you received notice of the hearing and the Court proceeded with the hearing.... you may have no option other than hiring an attorney there, and making a motion to vacate that order.
I can't give you an answer also because I don't have the circumstances regarding the children's ages and whether or not you have timely filed a child support petition under north carolina's laws.
another problem is that if you have only been here one month, under the Uniform Child Custody Jurisdiction Act, any rights to your child's whereabouts still need to go through north carolina as the general rule is 6 months to establish residency for purposes under that act. You see it is procedurally unfair to the other party for you to up and move to a state half way across the world and then proceed to file motions there. Would you have him just show up here when all previous proceedings were occurring in north carolina? The washington courts will not let you hamstring him like this.
Seattle Divorce and Custody Attorney, Washington Divorce Law)