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Can i take Child Support Enforcement to court ?

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sunluver1

Guest
in a court case that Ihaven't even started yet only because I don't really know who to take this to. IN SHORT,Iam a single parent of 3 young adults 21,20 & 18.raised only by me for the last 9 years....I want to take the State of Fla,Child Support Enforcement to court to pay me the $170,000 (+) in back child support because over the last 5 years,they have not stood by my childrens rights,etc. By not "Enforcing " what they claim to be doing. I want the state to pay me,then they'll really get after the father to pay them.... QUESTION: Do you as an attorney know of such litigations? Can you suggest a course of action for myself to begin? Is there a Firm here in my area( Tampa,Clearwater) that would even hear my story?.... Iwould truly appreciate any thought from you or an agency (other than the state) you think could possibly help. Iknow all this is pretty simple reading to you, if only you could hear the cries of my heart... and the hope in my voice..... Thoughtfully yours, [email protected]
 


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Attorney_Replogle

Guest
Sunluvr1, I am not aware of any current litigation. I would have to do some research for you on this matter. I am not sure how the Florida child support enforcement agency (CSEA) works in comparison to the California agency. I practice law in California. However, your state's agency is probably set up like other states whereby they will only pay the support obligee (you) if and only if they get money from the support obligor (your ex-husband).

It is a pretty common situation when the (CSEA)doesn't spend much effort in tracking down the support obligors. Unfortunately. So what can be done?

I would opine that there may be three options. First, if a support obligee had a couple million dollars to contribute to the District Attorney's office (or whatever the CSEA is called) then things might get done for her. However, probably 98.6% of all support obligees do not have that sum of money to grease the hands of politicans.

Second, there is the possibility of sueing the CSEA, the state, and or the federal government. Some of the problems that will have to be overcome by any lawfirm handling such a case are the following.

The government (the CSEAs, the states, and the federal government) have certain immunities that protect them more then any other defendant. For example, it would have to be shown that the CSEA actions were outside of its protected realm (non-ministerial actions).

The next problem is that to my knowledge all states have adopted a Uniform Interstate Family Support Act (UIFSA). I believe that said Act provides that once the CSEA takes over the collection from the support obligee (you) then you lose all rights to try to collect. Rather, you simply must wait for the CSEA to give you money as they collect it from the support obligor.

How did your rights to try every legal method of collecting from the support ogligor get taken away from you? Over the course of the years since 1950, the federal government has done this through the Social Security Act. The latest way that the United States Congress and President Clinton acted to take away all your rights was this. The federal government told all the states that if they want to continue to receive federal money for the Aid to Families with Dependent Children (AFDC) then all the states must adopt the UIFSA by 1998. They all did and voila! Your rights to try collecting have been taken away from you.

So another defense that the courts give to the government is: if you don't like the law, then vote for other legislators in the next election. Maybe, just maybe those new legislators may enact new laws to give you some of your rights back.

The third possible solution is to try to sell your right to this support money to a factor. Then the factor would wait for the CSEA to eventually pay that money back. The probable problems with this solution is that it is probably illegal per the UIFSA. Second, only the CSEA has the right to charge interest and late penalties on the monthly support amounts that the support obligor owes. Thus, the factor would never be able to make a profit.

Finally, you may want to consult with some civil rights or family law attorneys near you to confirm my legal opinon. You can find them at attorneypages.com.

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Mark B. Replogle
 
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tgabriel

Guest
Not only did UIFSA take away a custodial parent's right to collect, but it took away a responsible non-custodial parent's right to choose how to pay their support. Thereby implying that all non-custodial parents are dead-beats and irresponsible so the government will forceably take the money from them. Not to mention these collection agency's bookkeeping sucks! It's obvious this method of handling child support payments doesn't work for either side. I sure am glad to see my tax dollars paying for another useless government program!
 

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