[hardwkgmom]

I currently have a support order in OH where both myself and my children's father use to live. He then moved to CA so we have had a foreign support order established since 2005. I am currently living in Georgia and wish to file abandonment charges. Can I file the charges here in Georgia where me and the kids reside? Or do I have to file where the defendant resides or where the support order is in effect currently?

I did plan to bring the case down here to Georgia but OH was not cooperating when asked to send certified copies.

[AK lawyer]

I currently have a support order in OH where both myself and my children's father use to live. He then moved to CA so we have had a foreign support order established since 2005. I am currently living in Georgia and wish to file abandonment charges. Can I file the charges here in Georgia where me and the kids reside? Or do I have to file where the defendant resides or where the support order is in effect currently?

I did plan to bring the case down here to Georgia but OH was not cooperating when asked to send certified copies.

To collect the child support, in civil court, you would need to register the Ohio order in California and levy upon it there, if you can locate assets.

You could also ask the Ohio court to hold him in contempt and then seek to enforce the contempt order against him in California.

As far as criminal sanctions are concerned, you could get the State of Georgia to prosecute him for abandonment. Whether they will seek to extradite him is up to Georgia.

[hardwkgmom]

One of my problems is that the state of California has just recently terminated my rfo from Ohio because they requested certified copies and Ohio did not send them. I am not sure why CA would want copies when they had accepted the rfo back in 2005 and had been collecting on it from time to time. In addition, our oldest child had spent some time with their dad in California for a few months and he tried to get support from me during this time. California tried to make a rfo case against me and its still showing open even though Ohio gave him a credit for time our son spent with him. Me and their dad were never married and he owes 20k + in child support. What I really want to do is resolve my issues with California once and for all.

[AK lawyer]

... What I really want to do is resolve my issues with California once and for all.

So you have no further interest in having the state of California collect CS for you?

Well then, back to your original question, yes you can ask Georgia to pursue criminal abandonment charges. How far you are likely to get with that, considering that he is in California, is anyone's guess, but I wouldn't hold my breath if I were you.

[hardwkgmom]

I guess "resolve" was not the appropriate wording. I feel that California is doing some questionable acts of ethics. I did not request for them to terminate my order. I DO want them to collect money from him as it would be difficult for me to collect money being that I am in another state that is so far away. This man has found a way to avoid paying child support for years. My concern is how is it that they can terminate my case? It makes no sense for them to go back after 6 years of accepting the case to ask for 3 certified copies of the order. I feel that California asked for those copies to try to come after me for the time that our son was there(although the father received a credit from OH) and therefore by closing my case for both children I feel they will choose to ignore the money he owes. Most people would say they can't do that but CA tried to collect money from me before when our child was with the dad, ignore the fact that we have another child that was in my care plus I have a infant that has a different father. Did I forget to mention that my children's father is getting public aid?

[Fr_Chuck]

You will need to "move" the case to Ga ( which I would do anyway if you live here) and then file charges, but to be honest they won't do anything with him living in CA. It is too far to bring him back, so it will have little effect.

[cdad]

Id like to get some clarification here. When was the last custody orders and what do they say in those orders? They are the ones the courts are going to have to go by.

[AK lawyer]

... I DO want them to collect money from him ...

Then get on the phone with Ohio and arrange it, by doing whatever you have to do, that California gets those certified copies. Getting upset with California, or questioning their motives, is not going to get you anywhere.