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pouchpopper · Sep 30, 2010, 11:58 AM

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?

pouchpopper · Sep 30, 2010, 12:08 PM

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?

JudyKayTee · Sep 30, 2010, 12:44 PM

Originally Posted by pouchpopper

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)?

JudyKayTee · Sep 30, 2010, 12:45 PM

Asked and answered - please post each question once.

pouchpopper · Oct 1, 2010, 02:44 AM

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.

pouchpopper · Oct 1, 2010, 02:54 AM

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

pouchpopper · Oct 1, 2010, 02:55 AM

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

pouchpopper · Oct 1, 2010, 02:56 AM

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

pouchpopper · Oct 1, 2010, 02:56 AM

32,000 in arrears

joypulv · Oct 1, 2010, 06:34 AM

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.

pouchpopper · Oct 1, 2010, 06:39 AM

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

pouchpopper · Oct 1, 2010, 06:41 AM

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.

pouchpopper · Oct 1, 2010, 06:42 AM

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

pouchpopper · Oct 1, 2010, 06:44 AM

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

pouchpopper · Oct 1, 2010, 06:45 AM

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

joypulv · Oct 1, 2010, 09:32 AM

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.

pouchpopper · Oct 1, 2010, 11:03 AM

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...

JudyKayTee · Oct 1, 2010, 02:11 PM

[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.

JudyKayTee · Oct 2, 2010, 08:18 AM

Originally Posted by joypulv

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.

AK lawyer · Oct 2, 2010, 11:03 AM

Originally Posted by pouchpopper;

... 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.