Sue DCSE?

[damnclassybroad]

What is the name of your state? AZ

My case worker told me in AZ there is really not much they can do to collect support or arrears because here a judge has to rule separately on each action to collect. My case has been in the enforcement function since 2001. I have not seen any payments. The state says they cannot locate the NCP but I took them video of him at his parents house everyday for a week. That wasn't enough. Can I sue the state for not taking the appropriate steps in enforcing my court order?

 

[brisgirl825]

I'd say that you should use the money for a family court lawyer and file papers for a contempt judgement.
Everyone can sue anyone for anything. However, you may not win so why waste the money? You know you have a court order for CS, so go and get a judge to enforce it.
Anyway, that's my opinion. I'm sure that if anyone else has another idea, they'll tell you.

Good luck.

Sarah

 

[Phnx02]

What is the name of your state? AZ

My case worker told me in AZ there is really not much they can do to collect support or arrears because here a judge has to rule separately on each action to collect. My case has been in the enforcement function since 2001. I have not seen any payments. The state says they cannot locate the NCP but I took them video of him at his parents house everyday for a week. That wasn't enough. Can I sue the state for not taking the appropriate steps in enforcing my court order?

Sue a goverment agency? Ha! You'd be fighting a losing battle. Money better spent by hiring a lawyer to help sue your ex for the cs. The answer you got from your caseworker doesn't sound right. So what if a judge has to rule seperately......then they should file seperately! Keep playing detective to find out more on your ex. I think getting a video on him was good thinking, but probably worthless in the state's eyes. They need info in writing.....on paper.....ie; concrete proof where he works, how much he makes etc. See if you can get this info.

 

[damnclassybroad]

I have played detective

AZ
I did some snooping and this is what I found out. His parents have a 5 million dollar trust fund. I do not know if he is a beneficiary or not. He is 42 and still living at home. He does not work (lives off mom and dad) he does not own anything the only credit record he has is the Child support order for my daughter. He recently had criminal charges filed against him for a dangerous nature felony and he does not have a public defender but a regular defense attorney. He was picked up once and I got a purge but he never made any additional payments. The hearing set to follow up and see that he had made payments was vacated but I do not know why. I think it is because he has no income. Last I knew he even put his car in his parents name. Currently I have filed for contempt and if he follows his pattern thus far, he will not show up for court so he may eventually get picked up and have to pay a purge again but with these new felony charges he may do time and that will of course prevent him from paying support. Have any suggestions?

 

[rmet4nzkx]

Get an attorney.

 

[damnclassybroad]

MY Video evidence

AZ
I assure you that I am not a moron! Of course I shot a piocture of the house number posted on the mail box and the intersection complete with cross street signs in my video. Not only that but I gave them the address several times I mailed them copies of internet legal records ie. traffic ticket info that displayed his name and address. I have done it myself all by myself. However in AZ there is this law that you must be a police officer or officer of the court to serve a warrent and you must be a judge to order one. So you see I can only do so much under the circumstances.

 

[Phnx02]

AZ
I did some snooping and this is what I found out. His parents have a 5 million dollar trust fund. I do not know if he is a beneficiary or not. He is 42 and still living at home. He does not work (lives off mom and dad) he does not own anything the only credit record he has is the Child support order for my daughter. He recently had criminal charges filed against him for a dangerous nature felony and he does not have a public defender but a regular defense attorney. He was picked up once and I got a purge but he never made any additional payments. The hearing set to follow up and see that he had made payments was vacated but I do not know why. I think it is because he has no income. Last I knew he even put his car in his parents name. Currently I have filed for contempt and if he follows his pattern thus far, he will not show up for court so he may eventually get picked up and have to pay a purge again but with these new felony charges he may do time and that will of course prevent him from paying support. Have any suggestions?

Gosh, the man sounds like a real loser but is "smart enough" to know how to cheat the system too. Unfortunately, I don't have any more advice for you but to keep close tabs on him at all times in the future......for if he should ever inherit such a large amount of money, you can file for your share based on the arrears. In the meantime, try to find out the details of the trust fund. If his name is on anything, I would think this could be considered income (or enough $ in the bank to pay cs).