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babeintoylnd

Guest
What is the name of your state? Florida
not sure if i'm in the right area here or not but i would like to know if there are laws/statutes that prevent a citizen from suing a county court municple for what they feel is not enforcing the law in a court matter.

thanks
 


BelizeBreeze

Senior Member
i would like to know if there are laws/statutes that prevent a citizen from suing a county court municple for what they feel is not enforcing the law in a court matter.
Your post is a bit confusing. I am going to assume that you are asking two questions here.

1. There is a law on the books in your state that requires the court to set a minimum and/or maximum sentence (penalty) for a crime when found guilty.

2. The specific court is not following the prescribed statute.

If I'm off then come back and state specifically your issue.
 
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babeintoylnd

Guest
need to know

ok, here's the problem...i have been battling for 16 years in and out of court over unpaid child support...in that time frame my ex has spent approx 10 days in jail (9 days was for smarting off to the judge not for nonpayment) so that makes ONE day...i have 17 pages of court proceedings and each time the judge lets him walk with paying nothing or very minimal...at date he is 55,217 dollars in arrearage and the courts do nothing. i feel that if they had done something many years ago when the arrearage was much lower it would have never got this far...can a person sue a court system for not enforcing the laws written?

thanks
 

BelizeBreeze

Senior Member
you can certainly sue the court system but in this case you won't win. Child support is a very subjective issue with guidelines being flexible. And my only question at this point is why have you not (if not) enlisted the aid of an attorney?

If your husband can't pay the arrearages then how do you expect to get the money?
 
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babeintoylnd

Guest
need to know

as for hiring an attorney i cannot afford one...i use the dept of revenue to pursue my child support...they have their own attorney that works on my behalf at no charge, well not charge to me...as for him not having any money that is my point...if he "supposedly" has no money as he tells the courts, and no job, why is he not sitting in jail doing a work program to pay me?...unfortunately the guy is smart...he does earn a living...under the books...he owns his own business which is in his girlfriends name as are all their assests....so to the courts he looks indigent...but does he go to jail...NO...he gets a slap on the wrist and told not to do it again...as far as i'm concerned the courts (judges) are at fault...
 

nextwife

Senior Member
IN many places, the jails are overpopulated and at maximum. Keeping ex in jail may mean the need to free up that space by releasing someone else. Maybe someone far more risky to the greater society than he is. Not to mention that this would also mean that we the tax payers are spending far more money if all the CS payors with arrearages are kept in jail, Facilities costs, utilities, guards and other personel, AND the cost of feeding them while in jail. Just imagine what keeping CS payors in jail would add to YOUR and my local and state taxes! That is why the court system is hesitant to use that enforcement method.
 

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