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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30382
Experience:  Attorney
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Can u take a child support order from Ohio and have georgia

Customer Question

can u take a child support order from Ohio and have georgia enforce the order? both parents live in georgia but the child support is still being heard in Ohio
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.


Yes, you can. Under the Full Faith and Credit Clause to the US Constitution, a court order entered by one state is valid in all other US states. All you have to do is file the Ohio order with the Georgia family court and ask them to issue a new, identical order. If you want to modify the order later, you can ask the OH court to transfer the Georgia.

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Customer: replied 1 year ago.

ok thank you. When transfering a child support case, does the case have to be done with littigation first before transferring? the judge has to both parties in my case that we can by agreement transfer the case. so, do i go bk in fron of the ohio judge, ask for the case to be transferred then take his order saying both parties agree to transfer and then file in georgia?

Expert:  Lucy, Esq. replied 1 year ago.

No, if there's no order at all yet, you can just move to dismiss and then re-file in Georgia. You should be able to do that by mail, if you'll both sign the document. You only have to transfer the case when you move after you get an order.

Customer: replied 1 year ago.

let me be a little clearer. this is an ongoing case. the judge has made an order but it is an interim order for child support. the case has been set for an evidentiary hearing. the judge has said that we (both parties) can agree to transfer the case to georgia but we havent done that yet. Im now thinking that i wanna transfer the case. So....can i file in georgia now to transfer the case OR do i have to now get an agreement with mom that WE wanna transfer the case OR do i get the ok from the judge...then file in georgia?

Expert:  Lucy, Esq. replied 1 year ago.

If the mother agrees, transferring the case will be easier. So the first step is to ask her. If she doesn't agree, you can still file a motion in the Ohio court asking to transfer it. Ohio has no interest in the case when both parents and the child live in another state. They want to use their judicial resources to help people in live in Ohio. So once it's been at least 6 months since you left, the court WILL move it. You just have to ask them to. That means filing a Motion to Transfer in Ohio and then a Petition to Modify in the Georgia Court, attaching the original order and noting that you've asked for a transfer from the Ohio courts.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?