CSE and soverign immunity

[aud]

What is the name of your state? Il.

Hello all, used to post here a bit around a year ago. Hope I didn't irritate anyone too much then.

I was wondering if CSE makes a collossal boo boo and you can prove it, can overpaid CS be collected from them? Family Judge already ruled that ex didn't have to pay back because of "undo hardship on other children" and State admited to local congressman that there was an error. It doesn't sound right that I have to lump a few years of double paid CS.

 

[BL]

If you are still paying CS , why wouldn't the Courts or CSE suspend or credit payments untill it evens out ?

And did you appeal ?

Ask the Congress person if the can reveiw or look up any Laws that you can use to help you out of this , or to have them request the Offices that can look them up to do so on your behalf , and send you the info ., IF it is a really BIG mistake .

 

[nicetryadmin]

What is the name of your state? Il.

Hello all, used to post here a bit around a year ago. Hope I didn't irritate anyone too much then.

I was wondering if CSE makes a collossal boo boo and you can prove it, can overpaid CS be collected from them? Family Judge already ruled that ex didn't have to pay back because of "undo hardship on other children" and State admited to local congressman that there was an error. It doesn't sound right that I have to lump a few years of double paid CS.

Family/Juvenile court judges are slightly biased towards CSEA's. While the judge ruled that the PARENT doesn't have to pay it back, that does not mean you can not take legal action against CSEA. I would file a civil suit against them for them to REPAY you the overpayment. See if the elected official will go to bat for you.

 

[BelizeBreeze]

This is NOT a family court issue and in fact, the family court does not have personal or subject matter jurisdiction.

"all claims against the State founded upon any law of the State of Illinois or upon any regulation adopted thereunder by an executive or administrative officer or agency." 705 ILCS 505/8(a) (West 1998).

A claim will be found to be against the State where a judgment for the plaintiff could subject the State to liability or control the actions of the State. Aurora National Bank v. Simpson, 118 Ill. App. 3d 392, 397 (1983).

Where a party seeks a monetary judgment against an agency payable out of State funds, the proper forum is the Court of Claims. Campbell v. Department of Public Aid, 61 Ill. 2d 1, 5 (1975); Aurora National Bank, 118 Ill. App. 3d at 397.

Therefore, your suit / complaint needs to be against the Department of Public Aid.

 

[aud]

Thanks BB

The problem here is that CSE, in Illinois a part of Public Assistance, claims that they are not liable once money deducted from paycheck is sent to CP. They claim they cannot be held liable because of "State Soveriegn Immunity". What are the chances of a judge even hearing the case?

As has been posted before (it's been about a year since I last posted I think) she had filed for assisstance in 2 states and niether state checked with the other. Took a long while to straighten out. Indiana finally applied overpaid support to credit. She then moved back to Illinois and filed for assisstance again. They then began to garnish my check again. We go back to court for custody on April 18th, and I am confident of winning (DCFS got involved, she and her P.O.S. hubby still have kids but State's Attny and GAL are both recomending that I become CP), so not real worried about how long this will continue, just my recourse in recovering.

 

[BelizeBreeze]

As I said, the family court cannot intervene in your overpayment suit. That HAS to be files as I said. And whoever told you that the state is immune is full of it.

 

[aud]

Why, it was a CSE casewoker! Who Else? lol