Ask Experts Questions for FREE Help !
Ask
    Omgsinglemom's Avatar
    Omgsinglemom Posts: 3, Reputation: 1
    New Member
     
    #1

    Dec 8, 2012, 07:40 AM
    Can you sue the state for erasing child support debt?
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    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's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    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's Avatar
    Omgsinglemom Posts: 3, Reputation: 1
    New Member
     
    #5

    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's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #6

    Dec 8, 2012, 01:16 PM
    Quote Originally Posted by Omgsinglemom View Post
    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's Avatar
    Omgsinglemom Posts: 3, Reputation: 1
    New Member
     
    #7

    Dec 8, 2012, 01:18 PM
    Quote Originally Posted by califdadof3 View Post
    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's Avatar
    Alty Posts: 28,317, Reputation: 5972
    Pets Expert
     
    #8

    Dec 8, 2012, 01:24 PM
    Quote Originally Posted by Omgsinglemom View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #9

    Dec 8, 2012, 03:45 PM
    Quote Originally Posted by Omgsinglemom View Post
    , 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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can you sue county or state for failure to collect child support? [ 2 Answers ]

I haven't collected any child support on my 2 children. One is 19 and the other is 17 soon to be 18. I have a court order plus a judgement. Can I hold our local state child support agency responsible for failure to collect? We live in Tennessee. He doesn't show up for court dates. Has never...

Can I sue a child support agency for not enforcing support orders? [ 15 Answers ]

In 2002, a NY family court ordered my ex-husband (the non-custodial parent of our 2 minor children) to pay child support in the amount of $250 per week. This court order was subsequently made a part of our divorce decree in 2005. In 2004, the NCP moved from NY to OR then eventually to CA to...

How do I sue another state for not enforcing my child support/health insurance order? [ 4 Answers ]

Five years after my divorce, I moved out of state and have lived in Michigan for 3 years now. In August 2007, my ex was arrested in Kentucky (still lives there) for flagrant nonsupport. At that time, his arrears were $5100. He begged his brother for a job that day and the court ordered his wages...

No child support ordered can I sue for back support [ 2 Answers ]

my boyfriend and his x divorced in 04 and at the time he received full custody she was not employed so there was not a child support order at the time. However ever since then she has harassed and tried to claim income tax refunds on the children that she also was never entitled to and recently...


View more questions Search