I went and open a child support case through The Child Support Enforcement office in Georgia. After a while I closed the case with them and had to write a letter with them to close the case and because of this my ex didn't have to be forced to pay the arrears owed. Now I want to reopen the case. So will he have to pay the arrears previously owed? Is the previous order still effect even though i closed it with the enforcement office? Will the amount of the order remain the same? And it's been about a year since i closed the case.
Family Law Attorney
A Child Support Order is an order, issued by a court, that establishes who pays for the support of a child and how much is paid. a Child Support Enforcement (CSE) Case is a file with the CSE Office whereby the office assists with the collection of the fees owed under the child support order. Closing the CSE Case has NO effect on the Child Support Order. Therefore...
Yes, he will have to pay the arrears previously owed (if he has not yet paid them). The father of your child will be responsible for ALL support that he has not paid. His arrears will be based on the amount he owed under the support, not the amount listed in a CSE case.
Yes, the previous order is still in effect, unless the order has been terminated or modified by either of you for any reason. Again, closing/opening a CSE case has no bearing on a CS order.
Yes, the amount of the order remains the same unless/until either of you (the mother of the father) files an action to modify the child support amount.
I hope this helps.
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Family Law Attorney
It depends on what you mean by you closed the case. If you merely closed the case to get arrears owed, then it sounds like there is still an order in place that he is to pay. If that's the case, then yes you can still go back to the Child Support office for help and at a minimum, get him to start paying child support. Depending on why the case was closed and how much is due, etc. depends on what will be likely paid in arrears. Good luck.
This is just an opinion, and is no way to take the place of an attorney that knows all the facts of the case. Therefore, I would seek an attorney's advice as soon as possible.
Having previously represented a Child Support Enforcement office, I can tell you that your order remains in place. The "closing of your case" only effected the Child Support Enforcement office's efforts to collect based on the orders in place. If you go back, the office will likely re-open your case and seek to continue to enforce collection.
If you received any federal benefits (i.e. food stamps, etc.) then the office was required to continue collection efforts on your behalf because of the federal benefits received.
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