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.

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Originally Posted by pouchpopper

... 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.

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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.

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Originally Posted by Fr_Chuck

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

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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?

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Originally Posted by pouchpopper

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

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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.

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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?

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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

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Originally Posted by pouchpopper

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

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Of course not. A judge would have signed it.