If no jurisdiction was established, and insufficiant service is present, can a back support order be requested dismissed through a motion to dismiss based on these?

1. I never received a summons. 2. I never received a court order. 3. no established jurisdiction with regards to support order. 4. insuficiant service of process. Now, how do I file a motion to dismiss an arrearage of child support? And do I have a leg to stand on?

1. i never received a summons. 2. i never received a court order. 3. no established jurisdiction with regards to support order. 4. insuficiant service of process. now, how do i file a motion to dismiss an arrearage of child support? and do i have a leg to stand on?


What State? Yes, if you weren't served and can prove it you can get the Order set aside.

You will have to contact the Court Clerk (some will give the info over the phone but others will not) and ask how the Affidavit of Service claims you were served. You would then file papers to dispute that service.

I don't quite understand - were you in arrears? If so, was this an automatic Order, not a motion to hold you in contempt (or something similar)?

Asked and answered - please post each question once.

Here are some details regarding my question: in 1979 I split up with my wife. She had 2 childre by me. In 1981 I left the country, and at that point no court order, nor support order had been issued, nor pursued. I return to america in 2002 to find I owed 32,000 in arrears in support. 1. I was never served, nor signed any orders, nor documents. 2. no jurisdiction was ever established. 3. I feel that this is somewhat under the guidelines of insuficiant service of process. Can I file a motion for dismissal based on these facts is what I'm wondering.

The state is Ohio. And yes I can prove I was no where near Ohio when the so-called orde was implemented. Also someone saying they were me in Kentucky in 1983 signed some court order, although its obviously not my signature, nor was I even in the stat

I don't know what automatic order means?? And yes in 1983 I was held in contempt, unknown to me of course

And yes as of now, I'm in arrears in the amount of, 32,00. But the state says I only owe them 1,098 for admin fees. The rest my ex is seeking and shen signed the order back then

32,000 in arrears

Define 'split up with my wife.' You either had terms in the divorce, or she got a divorce for abandonment, or you are still married.
'She had 2 childre by me.' Yikes. Marriage + children by you = YOUR CHILDREN TOO.
File all you want, but don't count on the law being on your side (or sympathy).
You do seem aware that you can't expect her to serve papers out of the US, but you don't even say when she filed or if she knew your whereabouts. She isn't required to find you. 1981 - 2002 is a long time. Be glad it's only 32K.

First, I never even knew she was pregnant with her 2nd child when I left. Second, I tried to get her to leave with me, she declined. 3rd. She was awarded the divorce by publication. 4th. In Ohio direct jurisdiction is in certain circumstances necessa

Also, I was still in the area after splitting up with her for a while, and then I simply got my passport and left the country, and I couldn't have done that if the support thing had a block on me leaving the country.

The court had only decided in 1983, after we had been apart 4 years that it deemed necessary to hold me in contempt. Someone in Kentucky in 1983 signed my name fictitiously as receiving the court order... one proble... I wasn't even in america then

Ohio tells me I only owe Ohio 1,098.00. It is actually my wife who is pushing this after all these years it seems

Ohio also has stated my ex could actually have it all removed with just her signature

With a good lawyer you could try to charge her with getting the false signature (lots of luck on that; she can just say she doesn't know who signed and thought it was you), but that won't stop the child support requirement. You were married, you will test as being the father of both kids, you owe. Sometimes back to the time of filing, sometimes even earlier. People get served papers all the time that they never see and it doesn't absolve them. You are thinking of forging HER signature to drop it? I wouldn't fight fire with fire. She's around to check up on it.
I'm curious as to why you think you can breeze out of your kids' lives for most of their childhood and not owe for their food, shelter, and clothing. 2K per year for 2 kids for 16 years is peanuts.

First of all the kids were never even given my name, second, I never even had knowledge, third I'm not a criminal nor do I forge anything, grow up child. I was here to ask professionals, but its apparent you can't even spell that...

[QUOTE=pouchpopper does not find this helpful : im not an attorney, so i may not know how to ask a question in the proper language
.[/QUOTE]



I said nothing about being an Attorney or the manner in which you asked the question. I asked you not to ask it twice.

If you read the AMHD rules this is clearly set out.

With a good lawyer you could try to charge her with getting the false signature (lots of luck on that; she can just say she doesn't know who signed and thought it was you), but that won't stop the child support requirement. You were married, you will test as being the father of both kids, you owe. Sometimes back to the time of filing, sometimes even earlier. People get served papers all the time that they never see and it doesn't absolve them. You are thinking of forging HER signature to drop it? I wouldn't fight fire with fire. She's around to check up on it.
I'm curious as to why you think you can breeze out of your kids' lives for most of their childhood and not owe for their food, shelter, and clothing. 2K per year for 2 kids for 16 years is peanuts.


I'm not reading anything about a false signature. The wife couldn't personally serve him (by law). If you are talking about a false Affidavit of PERSONAL Service the OP goes to the same Court, looks at the Affidavit of Service, provides his Passport (to prove he was out of the Country) and attempts to get the Judgment set aside for failure to serve.

Again - would OP please read the AMHD rules, stop opening new threads and stop using the "comments" box as a running narrative. This was asked and answered several days. Continuing to post the same question will not get a different answer from a legal perspective.

There are several threads on this same question by the same OP.

... i simply got my passport and left the country, and i couldnt have done that if the support thing had a block on me leaving the country.



Passports are blocked only, I believe, if delinquent support orders are in place. OP says that service of process was supposedly accomplished after he left the country. So this argument makes no sense.

You are grasping at straws here. You owe it so man up. No amount of legal mumbojumbo will get you out of this legal obligation regardless of what lame excuses you can cook up. You shouldn't have come back to this country. Oh well, you did, so time to man up. Why should I pay to support your kids? You had them, now time to pay for them. Deal with it.

... i return to america in 2002 to find i owed 32,000 in arrears in support. 1. i was never served, nor signed any orders, nor documents. 2. no jurisdiction was ever established. 3. i feel that this is somewhat under the guidelines of insuficiant service of process. can i file a motion for dismissal based on these facts is what im wondering.

No. You have had 8 years to file something. It's too late, Rip Van Winkle.

The jurisdiction would be the place she was living with children when she filed.

And you do not have to be personally served, if she has no way to reach you, she did service by publication, posting it in the news paper and it is very legal and acceptable if she did not know where you were at the time of filing.

So yes it is a legal filing and you will need to pay for it,
If you would have stayed in contact with your child, you would have known.

Sorry pay up

Closed, OP not telling real story, was proper service though publication Also he has posted this several times

Closed OP not telling the truth of the story.

There was legal service, though publication, and jurisdiction is where the family was living after he left the country.

... she did service by publication, posting it in the news paper ...

Presumably.

OK, here's the.. full... story. I separated in Ohio in 1978 from my wife. At that point she had 1 child by me, but was pregnant with another one by me that I had no knowledge of. I asked her to leave with me to go to australia, she declined, so, I left in 1981. In 1982-83 she filed in court for support. They didn't contact me whatsoever.she had someone in Kentucky sign my name to a court order, and I was 11,00 miles away at thae time. I now owe 32,00 in arrears. I never knew of this until returning to the states in 2002. I have spoken to 3 attorneys, and get 3 differing answers regarding my possible recourese of having this set aside in court. What say you?

Since this is a question of legal nature, I have moved it from the Children's forum to the Family Law forum.

The bad news is that I think you will owe the arrears. What I think will happen here is you may be able to overturn the support order on the grounds that you were not notified and that your signature was forged. But what will then happen is a new hearing will be scheduled and the court will then reaffirm the support order and order support back to the original date of filing.

One of the major factors here is that, even if you weren't aware of the second child, you knew about the first. And since it appears you made no effort to provide support for that child I see no reason for a court not to affirm the support order or the back support.

So, frankly, I wouldn't bother with spending money to try and have the order set aside. It would appear that both children are now past the age where you have to pay additional support. So I would focus on reaching a settlement with your ex to pay off the arrears.

Even if the children are in their 30s? The state of Ohio says I only owe them 1,098.00. Its my ex who's pursuing this, do I have any recourse?

... i never knew of this until returning to the states in 2002. ...

As I pointed out in another one of your threads, it's been 8 years. Way too long to contest it. What have you been waiting for?

Please do not use the comments feature to respond to an answer, it will get lost in the shuffle. Just scroll down to the Answer this question box.


pouchpopper : even if the children are in their 30s? The state of Ohio says I only owe them 1,098.00. Its my ex who's pursuing this, do I have any recourse?

pouchpopper does not find this helpful: you are in the wrong place, and forum to be giving adolescant advice


Buddy you have a really bad case of "I don't want to hear what you people have to say" even if it's right.

No matter how many times you keep posting the same question you are not going to get a "good" answer that suits you as you know that you are in the wrong.

Just because the ex supposedly wouldn't let you see the kids is not a valid reason for not paying child support. You could have petitioned the court to demand visitation - apparently something you don't want to know about or act upon.

You are just stuck on the "Gee, I have to pay child support" and turn a blind eye to the facts that you, in fact, do owe child support regardless of how you were served or not served. What lame excuses are you going to have for the Judge when it comes time to challenge her in court?

pouchpopper does not find this helpful : duh


Note the two reddies from OP who simply cannot understand the rules and keeps repeating the same question. (The above is one of his more intelligent posts.)

The other thread has been closed. I would suggest that this also be closed.

1. I wasn't the one who signed the order. 2. I wasn't given knowledge of the order. 3. no publication can be directed on child support unless personal service was rendered. At least Ohio is saying that

Its not the kids who I'm ignoring, in fact, I have a good relationship with them, and am always helping them financially. Its my ex who I won't pay

Also, my kids are in their 30s now, and its my ex who is pressing this issue, not the kids, nor the state

pouchpopper : 1. i wasnt the one who signed the order. 2. i wasnt given knowledge of the order. 3. no publication can be directed on child support unless personal service was rendered. at least ohio is saying that

Did you actually go down to the courthouse and physically VIEW this court file to determine just what is in this file? Probably not.

Please use the "Answer this question" space below to answer NOT use the was this helpful or not helpful button. Please read the rules of this site on how to properly use this forum.

An attorney did that for me. An individual signed it but I was 11,000 miles away. Its on microfish. That's all I know

... i wasnt the one who signed the order ...

Of course not. A judge would have signed it.

Of course not. A judge would have signed it.


Brace yourself for the response.

I was ignorant of any time frame regarding contesting anything

I now have 4 different opinions from 4 different so-called attorneys on the same subject... blows my mind

I get so many different answers on this. 1. one said: insufficiant service of process. 2. one said since my name was forged on the original service of the court order, I could have the matter set aside. 3. another said, no direct established jurisdiction, and that must be accomplished, otherwise the order isn't legal. 4. one said since my ex is the one owed the money and not the actual state, forget it..

i get so many different answers on this. 1. one said: insufficiant service of process. 2. one said since my name was forged on the original service of the court order, i could have the matter set aside. 3. another said, no direct established jurisdiction, and that must be accomplished, otherwise the order isnt legal. 4. one said since my ex is the one owed the money and not the actual state, forget it..


You've been asked what the insufficient service was. How was it served (or not served) on you? What was filed with the Court that indicates service? Publication? Personal service? That's the first thing.

You get different answers because you have opened multiple threads and not provided the info that has been asked of you - and you've been rude and insulting to the very people trying to help you.

Maybe you should pay an Attorney, get an answer in writing and proceed from there.

Or, of course, you could let us know what service is being claimed.

Mam, it was never actually served on me. My understanding is that another person actually signed my name to the initial court order in 1982 or 83. I believe it was by publication after that, but I'm not certain, because I wasn't in the country. How can I find out?

GO TO THE COURT AND CHECK THE FILE.

Again - you can't sign a Court Order. Only a Judge can sign. A Judge can't sign his own Order (in the event you are a Judge).

If it was by publication, that's service on you - a Court ordered that it be published because "someone" couldn't find you using due diligence. Following publication there was a hearing and an Order concerning support was issued.

Again - you WERE served by publication (or so it appears).

If leaving the Country got people out of paying support there would be a mass exodus.

If the order which was court ordered was indeed served by publication, then in some states I have read it isn't legitimate because of failure to serve directly and therefore deemed insuficiant

if the order which was court ordered was indeed served by publication, then in some states i have read it isnt legitimate because of failure to serve directly and therefore deemed insuficiant


Is one of those States Ohio?

Answer - no, it is not.

In fact please post the States where it is illegal to serve by publication following a Court Order allowing Plaintiff/Petitioner to do so.

I own/operate a process service company so I would appreciate this info.

None of what you have said changes what I said. We can't be absolutely specific because we don't have all the details. We don't know exactly what was signed or by whom. But if there was improper service you may be able to get the verdict "set aside". But set aside does not mean dismissed. It simply means a rehearing. And, again, the fact that you knowingly abandoned your wife and at least one child means you will likely lose.

Now, if you are saying the state only says you owe $1098 then your ex will have to go to court to get the amount increased. That gives you a chance to fight it if you have grounds.

I've merged all your threads. By starting multiple threads you confuse the issue. If you have any more follow-up post an answer to this thread.

Yes, the filing still stands, and if they win the case it goes back to the date of filing.

So even if it is set aside because of improper service ( and if the court accepted publication then it is legal in that state, or the court would not have accepted it)

So lets play it is set aside, they merely have new hearings, and you will have to prove your income all of those years, if it is higher than the estimated income used, you will just owe money money