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Can you sue a state for failure to collect child support

Anonymous
Posted by Anonymous
  • 8 Replies
Does anyone know maybe it would motivate them to actualy do something , my x owes almost 70,000 in support , I've been trying to collect for 11 years the state gives him chance after chance to pay and does nothing , he owns his own business , home , and all kinds of things and has everything in someone else's name , he claims to be disabled but he's not I even have proof but I just get treated like I'm a bitch expecting support for these kids
Posted by Anonymous on Feb. 7, 2013 at 7:56 AM
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Replies (1-8):
randi1978
by Murdoc's Mistress on Feb. 7, 2013 at 7:58 AM

You won't be able to sue the state, at least not that I'm aware of.

But if you have proof that he's faking a disability and is collecting money off it, turn him in.

(if he is getting some form of disability, this is most likely why they're not pursuing support)

kris0921
by on Feb. 7, 2013 at 8:00 AM
They will say you have to get a lawyer and pursue him on your own. My mom is having the same problem with my dad. They are going back to court for like the 100th time, because the state is finally going to take 500 a month out of his disability check, and so he hired a lawyer to take my mom to court to reduce the payments, he tried to take the state, but they said he had to pursue it with my mom. The system is messed up big time.
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Pink.Sunshine
by on Feb. 7, 2013 at 8:01 AM

You have to sue the Ex, not the court system.

blessed107
by Ruby Member on Feb. 7, 2013 at 8:02 AM

Is it court ordered? Did you file through an agency?

Anonymous
by Anonymous 2 on Feb. 7, 2013 at 8:03 AM

You cannot sue a state in state court. 

The Eleventh Amendment, ratified to protect the states from the Supreme Court's decision inChisholm v. Georgia, (1793), initially only protected states from being sued in federal court by citizens of another state. In Hans v. Louisiana, the Supreme Court ruled that a citizen cannot sue their own state either, based on principles of state sovereign immunity and federalism. 

Then in Alden v. Maine, the Court extended sovereign immunity further, and prohibited private suits against states in state court as well. 

Therefore, the bottom line is that citizens cannot sue states, state entities, or state officials in their official capacities (Citizens can sue state officials as individuals). 

Anonymous
by Anonymous 3 on Feb. 7, 2013 at 8:04 AM

If he is collecting disability they will take cs out. The courts have to send something to disability.

Anonymous
by Anonymous 1 - Original Poster on Feb. 7, 2013 at 4:36 PM


oh yes , its court ordered , for years he has come up with excuse after excuse why he cant pay , it recently turned federal because of the amount owed , then he claimed to be disabled , it was proved that he wasnt , he dont mind going to jail cause he gets right back out , he now owns a business a home and alot of other things, none of wich are in his name so you cant prove it . He has had nothing to do with his kids in 10 years, suddenly on my oldest childs 18 b-day he calls and wants a relationship , she says no , the 16 yr old is speaking to him , he recently mailed her a new computer , i call the probation officer and send him the info he requested ,then he tells me i cant prove that he sent it or purchased it ! For real ! If this money was owed to anyone of these officials theyd be fighting tooth and nail for it

Quoting blessed107:

Is it court ordered? Did you file through an agency?



blessed107
by Ruby Member on Feb. 7, 2013 at 4:55 PM

That is so sad. I can't understand for the life of me, why some men feel no obligation to support their children. Not only financially, but emotionally and physically.

Quoting Anonymous:


oh yes , its court ordered , for years he has come up with excuse after excuse why he cant pay , it recently turned federal because of the amount owed , then he claimed to be disabled , it was proved that he wasnt , he dont mind going to jail cause he gets right back out , he now owns a business a home and alot of other things, none of wich are in his name so you cant prove it . He has had nothing to do with his kids in 10 years, suddenly on my oldest childs 18 b-day he calls and wants a relationship , she says no , the 16 yr old is speaking to him , he recently mailed her a new computer , i call the probation officer and send him the info he requested ,then he tells me i cant prove that he sent it or purchased it ! For real ! If this money was owed to anyone of these officials theyd be fighting tooth and nail for it

Quoting blessed107:

Is it court ordered? Did you file through an agency?




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