View Full Version : Wrongly charged support
crittendon2
Nov 2, 2009, 09:50 AM
If a judge orders for childsupport case to be dissmissed because of failure to comploy by the other party,can another judge 4yrs later reopen this case and make me pay?
crittendon2
Nov 2, 2009, 09:55 AM
If a judge dissmissed a childsupport case becase of failure to comploy with order,can another judge 4yrs later reopen the case and make me pay?
stinawords
Nov 2, 2009, 10:59 AM
Of course. Now, it will be current support not back support that will be ordered but as long as you still have a minor child then you still have responsibilities. You also have rights to visitation have you gone to court for that?
crittendon2
Nov 3, 2009, 05:00 PM
The child was adopted back in 2003.they are trying to reopen this case that was dissmissed in 2004.can they open it and make me pay?
cdad
Nov 3, 2009, 05:22 PM
What exactly is going on. Give us a timeline we can understand.
ScottGem
Nov 3, 2009, 06:32 PM
If you adopted the child, you are its legal parent. Therefore, you can be held responsible for support.
If the original case was dismissed because of problems in the case submitted by the other party or their failure to comply with a judge's orders, the case can certainly be re-opened by fixing the problems.
crittendon2
Nov 3, 2009, 08:53 PM
My son (which is 21yrs old now) was adopted in 2003,plus I signed my rights away.in 2004 I went before a family court judge in 2004 because the county that the child lived still had me as an active parent.which in turn,the county I live in was still enforcing the support order. I told the judge then that my son was adopted in 2003.he told the other party to check this info out and freeze my paymemts order until they get info from the county that put the support order in (DSS).the judge also gave them a 30dys deadline or he would dissmiss miss my case.they did not meet the deadline.my case was dissmissed.in 2007 for some reason I was sent a letter to appear in family court,they wantted to know why I have not been paying (crazy huh)? I said because my case was dissmissed back in 2004 because the other party did not comply(dss).so he gives them another 30dys .I asked why when the case was closed? (answer lot of b.s.).they did not meet that deadline either.now once again here they come.can they open it again
stinawords
Nov 3, 2009, 09:25 PM
You need to get all of your paperwork together!! Take it into court with you and it should be done and over with. What are they wanting the other party to present? Were you in arrears or something? If you bring in the adoption papers then that provides the proof needed to show the date of the adoption so after that point you would no longer owe any support.
crittendon2
Nov 3, 2009, 09:50 PM
I wasn't behind on my payments.I don't have access to adoption papers,plus he was adopted in another county.I thougth it was over in 2004,then again in 2007.if the case was dissmissed can another judge open it.
ScottGem
Nov 4, 2009, 05:45 AM
We have answered your question several times. Yes the case can be reopened.
But, if someone else adopted your son, then that ended your support obligation. To be on the safe side, you need to get a copy of the adoption order from the other county. As an interested part you have a right to this documentation. Then all you need to do is go into court and show the judge that he was adopted by someone else and any case someone else brings will be thrown out.
crittendon2
Nov 4, 2009, 07:42 AM
Thank you for the info.what can I do to make sure that there want be a next time,considering it has happened twice before.what kind of papers can I file?
ScottGem
Nov 4, 2009, 08:03 AM
You can ask the judge to "dismiss WITH prejudice". This bars the plaintiff from bringing any future action on the claim. I'm not sure, however, if this applies to family law cases.
stinawords
Nov 4, 2009, 08:35 AM
If you want to fight it hard and fast it will cost you some money but bring all of the court papers including the adoption papers to an attorney and have him/her go to bat for you. Does your ex have an attorney? I think you mentioned that she did and if you don't that might be part of why you are getting so much of a run around.