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Thread: Rule Nisi

  1. #1
    alpharetta1 is offline Junior Member
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    Rule Nisi

    Georgia

    5 yrs ago an ex girlfriend started a child support case against me. I was never served in the case. Both the ex and myself have now been living outside of Georgia for the past 2 yrs. It appears that in May a status hearing was held(again I have not been served) and in that hearing a Rule Nisi was issued with a hearing date set for August 1st. I was supposed to be served notice of this Rule Nisi but the attempt at service is going to my old address where I have not lived for 2 yrs.

    There is no proof that this child is mine. If I fail to travel to Ga to attend the hearing of this issued Rule Nisi, will the judge grant her support dispite the fact that I have not been served or am unproven as the father? What else can happen? Can I be held in contempt?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by alpharetta1 View Post
    Georgia

    5 yrs ago an ex girlfriend started a child support case against me. I was never served in the case. Both the ex and myself have now been living outside of Georgia for the past 2 yrs. It appears that in May a status hearing was held(again I have not been served) and in that hearing a Rule Nisi was issued with a hearing date set for August 1st. I was supposed to be served notice of this Rule Nisi but the attempt at service is going to my old address where I have not lived for 2 yrs.

    There is no proof that this child is mine. If I fail to travel to Ga to attend the hearing of this issued Rule Nisi, will the judge grant her support dispite the fact that I have not been served or am unproven as the father? What else can happen? Can I be held in contempt?
    If you fail to attend the hearing, then you will be found to be the legal father by default, therefore that would be a VERY bad idea.
  3. #3
    alpharetta1 is offline Junior Member
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    Really, even when I have never been served legal notice in the case? How can a judge award default paternity between two unmarried parties when one party has never been served papers?
  4. #4
    CSO286 is offline Senior Member
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    Quote Originally Posted by alpharetta1 View Post
    Really, even when I have never been served legal notice in the case? How can a judge award default paternity between two unmarried parties when one party has never been served papers?
    If you don't respond, you lose by default. You know of the hearing, you had better make some kind of arrangements to appear--in person, through an atty, or by phone.
  5. #5
    alpharetta1 is offline Junior Member
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    I just spoke to an attorney. He said that I am under no obligation to attend since I have not been served and that I cannot be designated the childs father by default that the hearing would only be reset and service attempted again. Yes, I am aware of the hearing but only because I retained a PI to go research it at the courthouse.
  6. #6
    jbowman is offline Senior Member
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    If you know then why dont you just go? Prove you are not the father and be done with it. Easy Peasy.
  7. #7
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    Likely because he knows he's the father and doesn't want to pay support... so he's dragging it out as long as possible. I hope this is not the case.

    It's amazing that she started the case 5 years ago and they haven't secured arrears from your taxes, frozen bank accounts, or any other means.

    If you truly are not the father, go to the court, have the DNA testing done, and be done with this once and for all. If, however, you are the father, be advised that child support could back-date to the original filing date. In your case, that would be 5 years worth of unpaid child support that you have to pay, plus your set monthly amount until the child is 18, 19, 21, or whatever age the court deems the child emancipated.

    In either case, show up for the court date.
  8. #8
    alpharetta1 is offline Junior Member
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    Of course they cannot garnish wages, tax refunds etc because there is NO SUPPORT ORDER in place nor any paternity established. True about the arrears from the filing date, but you cannot squeeze blood from a turnip.
  9. #9
    LillianX is offline Senior Member
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    Do you realize that child support arrears NEVER go away? The debt doesn't age. Instead, it will collect interest indefinitely, and even if you're 80 years old, you'll still be paying on it.
  10. #10
    Proserpina is offline Senior Member
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    Quote Originally Posted by alpharetta1 View Post
    Of course they cannot garnish wages, tax refunds etc because there is NO SUPPORT ORDER in place nor any paternity established. True about the arrears from the filing date, but you cannot squeeze blood from a turnip.

    True.

    But they can revoke your passport, driver's license and throw you in jail eventually.



    Seriously - you're doing nothing but prolonging the inevitable. Why is that?
  11. #11
    stealth2 is offline Senior Member
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    Is your name Richard? I think I know you.

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