child support after 18?

[legalcole]

What is the name of your state? GA
A friend of mine just got a letter in the mail stating he has to go to an "apptointment" at the court house at the end of the month because a woman (who he does not recognize the name) is going after him for child support.

First, he has in the last year had his identity stolen so we were not sure if that had something to do with it. Secondly, he said it may be a woman that tried to do the same thing to him over 20 years ago, but she never showed up to court and the matter was never heard about again. (She was trying to go after support at the same time with other men as well). Even IF he were the biological, because the child who he has never seen or had contact with, is over the age of 20, could that woman still seek child support?

For those who are jumping to conclusions, he has been faithlly married for 19 years. Leaving the fedelity out of the equation...just seeking legal answers to the above.

Thanks.

 

[fairisfair]

she could "seek" anything she wants.

 

[legalcole]

how helpful...

anyone else?

 

[rmet4nzkx]

It is possible that he may have been found in default at some point and owes child support from the successful filing for paternity and child support. Since things were not on computers back then it is possible to fall through the cracks. It would be wise to check with the courthouse in advance to see if there are any cases against him, then he will know if this is something old or something related to ID theft. In any case a DNA test should be requested.

 

[legalcole]

thank you for being more helpful, but...

He already did check with the courthouse, and we thought it strange that they would not offer information other than her name. The letter states she is from out of state, but the courthouse would not confirm that either. They did state that he is required to show up, although it is not a "court date" which is confusing. Can anyone accuse anyone and you must take a day off of work for no reason? As far as falling through the cracks, his residence and work history has been stable for the last 20 years. The whole situation seems very strange.

Our other question, if a DNA is ordered, who is initially responsible? Innocent until proven guilty or woman always wins in GA?

It would be horrible if he had to pay support for a child that he was never told he ever had. (We doubt that he has a child, but the situation has everybody thinking of every possible situation).

Thanks!

 

[LdiJ]

He already did check with the courthouse, and we thought it strange that they would not offer information other than her name. The letter states she is from out of state, but the courthouse would not confirm that either. They did state that he is required to show up, although it is not a "court date" which is confusing. Can anyone accuse anyone and you must take a day off of work for no reason? As far as falling through the cracks, his residence and work history has been stable for the last 20 years. The whole situation seems very strange.

Our other question, if a DNA is ordered, who is initially responsible? Innocent until proven guilty or woman always wins in GA?

It would be horrible if he had to pay support for a child that he was never told he ever had. (We doubt that he has a child, but the situation has everybody thinking of every possible situation).

Thanks!

It would be incredibly foolish not to show up for ANY meeting, court date or anything else that has something to do with him potentially being the father of a child. Not showing up is what gets men declared fathers by default.

 

[legalcole]

he will show up...that has nothing to do with the question.

Can anyone not shed some light on this?

 

[Silverplum]

he will show up...that has nothing to do with the question.
Can anyone not shed some light on this?

But it DOES have to do with your latest question, directly asked.

"Can anyone accuse anyone and you must take a day off of work for no reason?"

LdiJ answered your question correctly.

I can't imagine why you are being so pissy -- according to your story, it's a "friend" of yours. You have no dog in this fight.

 

[fairisfair]

He already did check with the courthouse, and we thought it strange that they would not offer information other than her name. The letter states she is from out of state, but the courthouse would not confirm that either. They did state that he is required to show up, although it is not a "court date" which is confusing. Can anyone accuse anyone and you must take a day off of work for no reason? As far as falling through the cracks, his residence and work history has been stable for the last 20 years. The whole situation seems very strange.

yes he needs to go, or accept the default decision without the right to speak or object on his own behalf

Our other question, if a DNA is ordered, who is initially responsible? Innocent until proven guilty or woman always wins in GA?

If it is court ordered, he will pay if it is positive, she (or the state) will pay if it is not (as a rule)



It would be horrible if he had to pay support for a child that he was never told he ever had. (We doubt that he has a child, but the situation has everybody thinking of every possible situation).

No, what would be horrible, is if a child had to go without support from the father

Thanks!

Oh and by the way, your'e welcome!

 

[Whyte Noise]

Child supprt in GA is until age 18, unless the child is still in high school, then it goes until the child graduates, BUT IN NO CASE is child support paid after the child reaches the age of 20 years old.

GA also only goes back to the date of filing. If this woman is just now filing for child support for a child thats 20 years old or older, then it's highly doubtful she'll get a thing. Waiting 20 years to file for CS is foolish in and of itself, but GA law clearly states age 20 is the cutoff for child support. GA also has no laws for continuing CS through college either. Age 20 is it.

Now, that said... like rmet told you, "if" there has been a prior ruling where he was indeed found to be the father (by default, DNA or whatever) and he was ordered to pay CS all those years ago, he's going to have 20 years of arrearages looking him square in the face.

 

[rmet4nzkx]

Child supprt in GA is until age 18, unless the child is still in high school, then it goes until the child graduates, BUT IN NO CASE is child support paid after the child reaches the age of 20 years old.

GA also only goes back to the date of filing. If this woman is just now filing for child support for a child thats 20 years old or older, then it's highly doubtful she'll get a thing. Waiting 20 years to file for CS is foolish in and of itself, but GA law clearly states age 20 is the cutoff for child support. GA also has no laws for continuing CS through college either. Age 20 is it.

Now, that said... like rmet told you, "if" there has been a prior ruling where he was indeed found to be the father (by default, DNA or whatever) and he was ordered to pay CS all those years ago, he's going to have 20 years of arrearages looking him square in the face.

And since the woman is from out of state we don't know what other rules might apply, some states require child suppport untilt he child is 21, some states only allow 2 years in which to protest a finding of paternity, a judge has a whole lot of discression. It would have been helpful if OP had told us in what state the woman resides or from what state the action was filed, that/those are the state/s where they would inquire of the courts. Most states keep paternity actions confidential so that informai\tion would only be released to parties. It sounds like OP's friend needs to start calling the courthouse where the woman lived 20 years ago and then look for the counties where she resided since then and start making contacts.

OP,
It is imparative that he attend the meeting. Even if he owes arreages for 18 + yers because he is the father, an attorney may be able to help if he was intentionally denied access or notification. Remember just because he claims innocence now doesn't mean he wasn't lawfully served in the past and ignored it, thus a default finding. Since he knew that she was accusing 2 men in the past, it is likely she filed for support somewhere along the line. It is also possible that the other man married her assuming the child was his, then upon divorce asked for DNA test and contested paternity leaving her to go after this man at a later date. Just because he has been in the same place all this time doesn't mean that she would know where he was, the doctrine of "clean hands" comes into play.

 

[saintkbsmom67]

But it DOES have to do with your latest question, directly asked.

"Can anyone accuse anyone and you must take a day off of work for no reason?"

LdiJ answered your question correctly.

I can't imagine why you are being so pissy -- according to your story, it's a "friend" of yours. You have no dog in this fight.

This is exactly what I was looking for. It's apparent it's the wife and how are you sure that he's been faithful thru the 19 years? Has he never left your side OP?

 

[fairisfair]

Child supprt in GA is until age 18, unless the child is still in high school, then it goes until the child graduates, BUT IN NO CASE is child support paid after the child reaches the age of 20 years old.

GA also only goes back to the date of filing. If this woman is just now filing for child support for a child thats 20 years old or older, then it's highly doubtful she'll get a thing. Waiting 20 years to file for CS is foolish in and of itself, but GA law clearly states age 20 is the cutoff for child support. GA also has no laws for continuing CS through college either. Age 20 is it.

Now, that said... like rmet told you, "if" there has been a prior ruling where he was indeed found to be the father (by default, DNA or whatever) and he was ordered to pay CS all those years ago, he's going to have 20 years of arrearages looking him square in the face.

Do you know how far back Georgia allows child support cases to be filed, AFTER the age of majority?? I don't but I do know that there are states that allow them to be filed up to 15 years after the child reaches majority, besides, we don't even know that this is mom, is mom even alive?? maybe this is the child.

 

[Whyte Noise]

Do you know how far back Georgia allows child support cases to be filed, AFTER the age of majority?? I don't but I do know that there are states that allow them to be filed up to 15 years after the child reaches majority, besides, we don't even know that this is mom, is mom even alive?? maybe this is the child.

They don't.

19-6-15:

"a) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent expressly authorized in subsection (e) of this Code section; and in a divorce case in which there are no minor children the requirements of this Code section for findings of fact and inclusion of findings in the verdict or decree shall not apply."

You can take the word "divorce" out because this is the statute used to determine child support, whether the parents are/were married and are seeking a divorce, or if they were never married and child support is being established.

Subsection (e) is the section that states what I did above... that if at the age of 18 a child is still in high school, support can continue until the child graduates, or to age 20, whichever occurs first:

"(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered."

If the child in question was still in high school and hadn't reached age 20 yet, then the woman in the OP's post most certainly could file for (and recieve most likely) a child support order until the child graduates high school or turns 20. However, the child in question is over age 20 (if it's who the OP's husband thinks it is... a woman who came after him over 20 years ago, and is trying again).

And again, as stated before, if there is a prior CS order in place for the child, then she may be going after him for arrearages and not establishment of an order. Arrearages are enforcable, and he could try to use the doctrine of laches as a defense.

 

[rmet4nzkx]

Until we know what state initiated the orders, we don't know what rules apply.