Closed Child Support Case

[zainakenzie]

What is the name of your state? Washington

The background info:

I have a 3 1/2 yr old son. I was only 17 at the time w/ no medical ins. so I was on DSHS medical assistance during my pregnancy, therefore after my son was born, the state, pursued paternity on the bio-father. At that time I was deamed "non-cooperative" with the state on pursuing for child support (because I did not return the paperwork w/ info on bio-father, as I did not know any info other than what they already had). Due to that, the DCS case was closed, and thereafter, I haven't pursued CS from bio-father because I didn't have a "need" for it (I was financially stable enough to take care of my son on my own).

The bio-father has never claimed our son as his own and has stated that he wants to sign away his rights, but has yet to actually happen....

I find myself rethinking my choices now and possibly pursuing CS from him, because now I am at a point where I am not as well off as I was, financially, and it has been a lot harder to cover all of my expenses in raising my child (i.e. rent, car payment, auto ins, food, clothing...) and so I am interested in "re-opening" my DCS case against him.

My question for you is this:

1. Can my previous case be reopened and, if so, how? If yes, will my "non-cooperative" status affect it? Also, how will my not being on DSHS assistance affect the outcome? If not, can I file for a new case?

2. Once I do have a CS case open on the bio-father, will back CS apply? Or would it start anew and how soon does a CS order take effect?

Any advice would be greatly appreciated, and "Thanks," in advance for shedding any light on the matter....

 

[Grace_Adler]

I'll give this a shot. LOL

1. I am pretty sure you can open up a case with them. I think they will start a new application for you. I don't think you not being on assistance affects anything really.

2. To the best of my knowledge, you can't collect back child support because a case was never opened. From what I understand, back child support only applies from the time that a case was open. I've seen it take almost a year to go to court and actually get the court order from the date of filing. However, you can ask if you can get the support retroactive to the date of filing. I believe many states allow this.

 

[zainakenzie]

Thank you Grace_Adler for the help. I really just didn't know where to begin w/ this one, and your assistance I think will help me get things started.

I guess the biggest concern I had, was because there was a previous "case" opened, just nothing became of it because DSHS deamed me "non-cooperative, which is why I wasnt sure if I should try to get the previous closed case re-opened or if I should just start anew.

I think I will just go ahead and file a new request.
Thank you again for your response.

 

[Grace_Adler]

You're welcome.

I think it would be best if you just told them you need to file for child support and then just answer all their questions after that.

Good Luck.

 

[sicentird]

I was in a similiar situation.
My sons father denied paternity of him and 1 1/2 years later I finally contacted him. The only difference is at the time I didn't fight for CS I wanted his name on the birth certificate.

1. To the best of my knowledge the father can not sign away rights unless there is someone else to take them up.

2. A paternity test was ordered and we each had to pay half(which wansn't exspensive) My case was reopened with just a phone call. I also recieved back child support without even asking for it. Child support (I think) applies from the time a child is born not from the time it is applied for.(your state may be different)

3. Keep in mind that if you were on any type of public assistance they do take it back out of support payments. It may not happen immediatly.

4. PLEASE keep in mind that the father can then be "involved" in the childs life. I learned that the hard way.

hope this is helpful

 

[zainakenzie]

Hey, Thanks for the info, always good to know that I'm not the only one that a situation such as this has happend, not that it should from the start though.

Thanks again