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country63 · Aug 23, 2008, 10:11 AM

I have a friend that got a divorce from her husband 13 years ago. They both lived in Florida and the husband decided to move to Georgia. They had 2 kids which ended up wanting to stay with the father in Georgia. The husband got the divorce in Georgia and said he wasn't filing for childsupport in the divorce papers because she was paying 1st & 2nd mortgage on the home in Florida until sold. Well she got the papers and childsupport was ordered. Well she moved to Michigan and the husband filed through child support service and they came to an agreement and he canciled it so then after that he wasn't able to go through child support services again. So she moved back to Florida and he served her with papers for back child support but he had to hire a lawer. Well, the kids are grown & on their own now and she never paid the rest of child support. She did have a lawer and he said if she didn't pay to not go back to Georgia. What she is wonder is, Now that the kids are grown & on their own, Can the Ex-husband do anything about the back child support? Can the kids do anything about the back child support in the state of Georgia?

N0help4u · Aug 23, 2008, 10:14 AM

The kids can't do anything about back child support.The only support the dad/state/court can go after is what the court says is behind. Nobody can go after her for any support they THINK or FEEL is owed.

country63 · Aug 23, 2008, 10:27 AM

Ok , so The Dad is the one that can push the issue if he hired a Lawer again & had her served in Florida?

stinawords · Aug 23, 2008, 10:35 AM

Yes, the dad is the one that would have to file for collection of the back support owed. The only amount that she would have to pay is the amount that the court shows as being in arrears there wouldn't be any current support owed. But if she is in arrears then it dosen't matter where she lives they will come after her for it should he push it in court.

JudyKayTee · Aug 23, 2008, 11:13 AM

Originally Posted by country63

I have a friend that got a divorce from her husband 13 years ago. They both lived in florida and the husband decided to move to Georgia. They had 2 kids which ended up wanting to stay with the father in Georgia. The husband got the divorce in Georgia and said he wasn't filing for childsupport in the divorce papers because she was paying 1st & 2nd mortgage on the home in florida until sold. Well she got the papers and childsupport was ordered. Well she moved to michigan and the husband filed through child support service and they came to an agreement and he canciled it so then after that he wasn't able to go through child support services again. So she moved back to Florida and he served her with papers for back child support but he had to hire a lawer. Well, the kids are grown & on their own now and she never paid the rest of child support. She did have a lawer and he said if she didn't pay to not go back to Georgia. What she is wonder is, Now that the kids are grown & on their own, Can the Ex-husband do anything about the back child support? Can the kids do anything about the back child support in the state of Georgia?

I read your other post about taxes, same States involved - is this your question or your friend's?

Yes, she can be sued for back support by the custodial parent (not the children) but she cannot be sued for ongoing support. The ex-husband could have attached her salary/property in any State by transferring the Order. I have no idea why an Attorney advised her the way he did (stay out of Georgia).

country63 · Aug 23, 2008, 12:13 PM

Originally Posted by JudyKayTee

I read your other post about taxes, same States involved - is this your question or your friend's?

Yes, she can be sued for back support by the custodial parent (not the children) but she cannot be sued for ongoing support. The ex-husband could have attached her salary/property in any State by transferring the Order. I have no idea why an Attorney advised her the way he did (stay out of Georgia).

Hi JudyKayTee, Thank you so much for responding. Just talked to my friend and she was wondering, Is there a time frame of years that it is dismissed if the ex-husband has not pursued it? She said it has been 7 years. You have been very helpful. Thank you so much.

JudyKayTee · Aug 23, 2008, 12:59 PM

Originally Posted by country63

Hi JudyKayTee, Thank you so much for responding. Just talked to my friend and she was wondering, Is there a time frame of years that it is dismissed if the ex-husband has not persued it? She said it has been 7 years. You have been very helpful. Thank you so much.

No, I do not believe so. As far as I know if it's child support it can be collected at any time. Most of these go uncollected because the person who owes cannot be located - that's why they never expire.

Obviously is the arrears have been turned into a Judgment, then that can be renewed.

I just looked at the law, only one site and there are several, but it appears to indicate that child support arrearages in Florida are forever.

Other threads have indicated the same thing.

It's a good question and I'll bet it varies from State to State.