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View Full Version : Suing govt agencies over failure to collect support


stont6
Jun 20, 2014, 02:36 PM
My xhusband was ordered to pay spousal and child support from Missouri courts. I moved to Florida and he moved to Texas. He stopped paying in 2005. I registered with the state of Florida child support office and for three years they did nothing and I mean absolutely nothing. I hired a Missouri lawyer in 2009 in which my x-husband immediately filed for modification in Missouri. We have been to Missouri court twice, both times he has been ordered to pay the reduced spousal support of $2000 and $1000 in child support, he still refuses. I have given Florida the new modification papers which was ordered by the courts and filed with them in 2010, and they still do nothing, they blame Missouri for not collecting and Missouri blames Florida because they say they only do what Florida tells them to do. Missouri, after four years, has now established with Texas which took them four months to establish because they claim they lost the paperwork in a departmental move. It was finally sent to Texas to collect in February 2014, but Texas now claims they have a 90 day process of threatening/warning letters they have to send to him before moving forward. I also have found out that Missouri informed them incorrectly about the spousal support, they only ordered them to collect $1000 when it should be $2000 so now I have to fax over my court order to correct yet another mistake. Can I sue both Florida and Missouri child support agencies for their lack of due diligence. I have had to declare bankruptcy, chapter 13 at first and then chapter 7, and now I'm facing foreclosure. Legally I've read that they are to start the collection process thirty days after non-payment which neither Missouri or Florida did. My children and I have suffered greatly why my xhusband has bought two million dollars in real estate, started businesses, bought a Mercedes SUV and gone on vacations. Please don't say get a lawyer and take him to court because I have $30,000 worth and he still want pay. If child support services will not collect payments they shouldn't advertise that they will because mothers across America are depending on them. They have claimed don't worry will get him, if he doesn't pay will have him arrested, will garnish his paycheck, will put a lien on his real estate, businesses, will put a lien on his credit report and so on... they've done nothing, except take my money and made empty promises. Can I sue?

ScottGem
Jun 20, 2014, 03:57 PM
First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your post to its own thread.

Second, anyone can sue over anything, but to successfully sue you will need to show that the agency willfully failed to perform their functions. And that won't be easy. Have you consulted your attorney about this?