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Round2 · May 8, 2012, 05:33 PM

I have been summoned to court for back child support, on a case that was dismissed, and states, I owe no child support to the state the case was started in. Now they are trying to collect in another state, enforcing the original order that was dismissed. Am I going to have to pay child support for the past 11 years? Basically made the ex mad, and this is her answer.

cdad · May 8, 2012, 06:50 PM

Were you aware of this order? Have you seen anything showing what you were suppose to be paying or has a state agency contacted you before this?

Round2 · May 8, 2012, 07:42 PM

Yes, and did not agree with it. Actually the case was dismissed because an agreement wasn't reached by either party, and set in limbo for a year

ScottGem · May 9, 2012, 03:58 AM

You need to flesh this out. Were you married? If so, what state did the divorce take place in. Was a support order issued as part of the divorce. Are either you or the ex still in that state? If not, was the case transferred to the state where the child resides? Was the order dismissed by that state? What is the chronology here?

Round2 · May 9, 2012, 05:57 AM

We weremarried, she lives in Alabama, order was in sc, and I live in Georgia now. The divorce, alimony, property division, and child support were all dismissed in SC, They are trying to bring the order to Georgia.

Fr_Chuck · May 9, 2012, 06:06 AM

So do you have a child together, and if so, in what start are you paying support.

You do not have to agree to support and support will be given, there is no way "NOT" to pay support on a child, You will not find Georgia courts very loving and I hope you have been paying some support all these years.

ScottGem · May 9, 2012, 07:35 AM

So the original divorce was filed in SC. Did SC award a divorce and just dismiss the support action or did it dismiss everything? If everything was dismissed then you aren't divorced.

If she and the child are in AL, then GA would not have jurisdiction, AL would. How long ago did all this start?

Round2 · May 9, 2012, 06:53 PM

Everything was dismissed, and yes we are still married. I know the marriage has no bearing on child support, but I was wondering how they will figure what is owed. Or does it start from this hearings date?

ScottGem · May 9, 2012, 08:22 PM

Married but living separately. What grounds were given for the dismissal? It is possible, since it was dismissed she needed to refile and the award (if any) will be based on the refile date. But the court could go back to the original filing date, though I think that is a long shot.

So, if she filed now in GA, you can let the GA case proceed, but if the child lives with her in AL, that's really where jurisdiction is.

Round2 · May 10, 2012, 01:58 PM

The dismissal states... dismissed because neither party could come to an agreement

ScottGem · May 10, 2012, 03:07 PM

Like I said, its possible they will go back, especially if she goes back SC.

Round2 · May 10, 2012, 03:08 PM

Originally Posted by Fr_Chuck

So do you have a child together, and if so, in what start are you paying support.

you do not have to agree to support and support will be given, their is no way "NOT" to pay support on a child, You will not find Georgia courts very loving and I hope you have been paying some support all these years.

I have been paying, and continue to do so still through Ga, but again, based upon the original dismissed case parameters.