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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36992
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I had a child support case opened back in 2008. The child's

Customer Question

I had a child support case opened back in 2008. The child's mother closed it back in 2010. The GA child support office (Cobb co) said that the case was closed with no arrears & even sent a refund. The child's mother has since moved to South Carolina & now that state is garnishing my wages as part of an interstate collection effort. How can this be when the GA case was closed? How can I get the current collections reversed & start a new case?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: The original case began in GA, I live in FL, the child's mother lives in SC
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: no. thx
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
I also tried to order a copy of the Birth certificate, but was denied because my name was not on it. I am currently being garnished for the arrearage plus new charges of $750/mth.
Expert:  LawTalk replied 6 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Quite simply, when the mother relocated, and after GA closed their support case, SC opened one of their own based on the child living in the state.

If you want to contest paternity, and the obligation to pay support, I'd suggest that you retain a SC family law attorney to file a Petition for the Determination of Paternity in the SC court. The SC court will also have jurisdiction to lower your child support---so be sure to go that route.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
If SC opened a new case, how could it have been done & ruled on without contacting me? Also, if the case was started over, why are they charging me arrears? Is it possible to be reimbursed for the garnishment amount if the case in SC was improperly handled?
Expert:  LawTalk replied 6 months ago.

Good afternoon,

If the state child collections service could not find you, then they would go ahead and order support anyway. This is done by the state and does not require a court hearing.

The arrears are for any child support that the state ordered from the beginning that has not yet been paid.

If you can somehow prove that the support award issued by the state is somehow illegal, then yes, you can have the arrears wiped out and seek a refund of the money garnished from you thus far.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
These arrears are from the original case in the amount of $44K. Somehow, SC continued the GA case that was closed. This is not a new SC case. It seems that the SC case is one-sided and being mishandled.What is the best way to get them to put a hold on the garnishments until this is rectified?
Expert:  LawTalk replied 6 months ago.

Hi,

Then what happened is that GA transferred the arrears and the right of collection over to SC. This is done all the time.

You cannot put a hold on garnishments. You need to aggressively fight the child support and paternity issues with a lawyer.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Hi,

Is there anything else I can assist you with today?

Doug

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