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View Full Version : Can you sue the state for erasing child support debt?


Omgsinglemom
Dec 8, 2012, 07:40 AM
I have been a single mother for 20 years, the deadbeat father has not paid a dime towards the child support order to the point of working at cash paying jobs and constantly moving through the years. At one point I hired a lawyer and tried taking him to court with no luck for years... I'm in debt with legal fees and the tally of owed child support was at $75,000 until my daughter turned 18. The state literally wiped his slate clean and the balance was at $0! Why? Can I sue the state for their failure to enforce child support laws on deadbeat father and wiping away his debt? Im still in debt! This man sends ridiculous messages to this day at how he got away with not giving me a dime. Any advice?

ScottGem
Dec 8, 2012, 09:13 AM
If your lawyer couldn't do anything I doubt if we can give any advice. Without knowing why they wiped out the debt its even harder to advise.

But if he managed to hide income and not accumulate assets there is little the state could have done. And the next time he messages you about getting away with not supporting his daughter remind him of the cost of doing so. Working under the table jobs, constantly moving, not being able to accumulate any assets and alienating his daughter. If he is proud of these "accomplishments" it says a great deal about his lack of character.

AK lawyer
Dec 8, 2012, 11:42 AM
The state literally wiped his slate clean

Interesting. I didn't know that the state literally keeps accounts on slates.

cdad
Dec 8, 2012, 12:44 PM
How is it that the State erased the debt? Unless the money was owed to the state directly they can't erase it.

Can you explain what happened a little better?

Omgsinglemom
Dec 8, 2012, 01:11 PM
Seriously AK Lawyer? Why would you bother to post that reply? Don't you have anything better to do like tend to your clients? This is my life I'm trying to get advice here not ridiculed... I knew this was ridiculous, thanks for your response ScottGem, but there are way more details, the state employee handling my case made errors that impacted records and balance owed etc... I rather not get into publicly after this AK Lawyer posted that comment.

Alty
Dec 8, 2012, 01:16 PM
Seriously AK Lawyer?? why would you bother to post that reply? don't you have anything better to do like tend to your clients? this is my life I'm trying to get advice here not ridiculed...I knew this was ridiculous, thanks for your response ScottGem, but there are way more details, the state employee handling my case made errors that impacted records and balance owed etc... I rather not get into publicly after this AK Lawyer posted that comment.

Omgsinglemom, please don't get discouraged.

I would urge you to hire a lawyer. If there were mistakes made by the state employee handing your case, this may be easy to turn around, if the state is made aware of those mistakes.

I too have to wonder why they cleared his debt, since it's not a debt owed to them, but to you.

Omgsinglemom
Dec 8, 2012, 01:18 PM
How is it that the State erased the debt? Unless the money was owed to the state directly they can't erase it.

Can you explain what happened alittle better?
It was a clerical mistake is what I was told the first time by the Dept of Child Support supervisor, two months later I was told someone would call me back regarding the status of correcting the issue. I went in person yet again and was told they would have someone call me. I haven't received a call, it's been 6 months and the system is still showing a $0 balance. I do not owe the state money, I thankfully have never been on public assistance. This is not the first time clerical errors have been made on my case...

Alty
Dec 8, 2012, 01:24 PM
It was a clerical mistake is what I was told the first time by the Dept of Child Support supervisor, two months later I was told someone would call me back regarding the status of correcting the issue. I went in person yet again and was told they would have someone call me. I haven't received a call, it's been 6 months and the system is still showing a $0 balance. I do not owe the state money, I thankfully have never been on public assistance. This is not the first time clerical errors have been made on my case...

I'm not by any means a legal expert, but, if this were me, and I couldn't afford an attorney (which I couldn't if it were me) I'd send a certified letter, demanding a response about your case. Record everything, save everything they send you. They admitted that this is an error on their part, so they have to fix it.

Go every day, demand to speak to someone. Make sure they know that you won't go away and let this go just because they won't return calls, and haven't done anything about this.

If this is their error, then they have to fix it. You have to stay on top of them until they do. Better would be to hire a lawyer and have him deal with it, but I realize that that's not an option for most people. I know it wouldn't be an option for me, since lawyers tend not to work for free. ;)

I have to stress again that I'm not a legal expert. This is what I'd do if I were in your shoes.

I do wish you luck, and I hope this is resolved in your favor.

ScottGem
Dec 8, 2012, 03:45 PM
, thanks for your response ScottGem, but there are way more details, the state employee handling my case made errors that impacted records and balance owed etc... .

That certainly makes a difference. How would you expect us to offer good advice without giving us that detail?

You say he never paid anything. So you have a court order requiring him to pay support and he has no proof that he paid anything. So you go back to court and get the court to order the state agency to correct its records.