No, you cannot sue for child support enforcement in small claims court. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. They have no immunity because they are CORPORATIONS (in connection with the county). What this means is Larry Rock, Hi there me.Rock I agree with you and I will support you in the fight against this corruption! It’s been a month now,I get a new letter saying that the sheriff’s dept couldn’t get the notice served, that she was going to personally mail it to her. THIS IS AN ATTORNEY ADVERTISEMENT. Texas gets around 4 bil and California gets a ridiculous 5-6 billion. In 1973 the State of IA awarded a lady I lived with a common law divorce. Their response was to return 6 of the many KPERS Retirement checks they took by law and to advise me that I had satisfied the KS Court’s order. please i need advice if someone will ask i will explain this situation. This went on four times. State law only permits Arkansas custodial parents to collect on child support arrears for five years after the child reaches age 18 if there is not a separate order. I will abolish the current system of destruction to the NCP Only to get no response. He even said he felt bad because couldn’t help me more like he said. i need a attorney! I researched half of the things I know now, online and then seen that they had a child support handbook and where to get one.. Though public opinion wants you to believe it’s mostly deadbeat dads who deserve all the harassment they receive. https://www.youtube.com/watch?v=aWeDJUfiycY, Zoom Etiquette for Divorce Court Appearances and Hearings – Men’s Divorce Podcast, The Role of Children in Custody Litigation – Men’s Divorce Podcast, Do I Need an Accounting Expert in My Divorce Case? No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. They also under their guidelines can only go after non custodial parents that their children receive tang, Medicaid, and food stamps money. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude. If she didn’t have Tenn-care as a secondary insurance, that alone would be enough to bankrupt someone. 18 U.S.C. She’s already living in government assisted housing and who knows what other government benefits she gets. I just want what’s best for my child and it seems to me that the child support enforcement is taking sides with the mother. In my case there wasn’t a 15 percent increase and neither has three years past since child support was ordered. There is due process and if they CSE didn’t follow it you have to prove it but you can get a dismissal and demand a repayment of all dollars paid. My initial child support order was around 1200 a month with over 33,000 in back child support. Which has no right or power to put you in jail. After all the issues on child maintenance have been settled, the lawyer will register the agreement in court and it will act as a court order. The reason why i ask is because they are negligent to my case as for my child support mediator living right next door to my ex and being very close to his family. What The government has done to the Non-Custodial parent in America is Criminal Even if the two parents are living together with the child, one parent can get a child support order if the other parent refuses to help pay for the child's bills. Don’t take my word for it. exactly!! I show them reasons that she is doing much better than she is letting child support enforcement know and they do nothing or have done nothing yet. Try to resolve your complaint informally. The child support agency will not give you your complete file unless you have a court order but you can get the basic file and you can also get the name of the person that worked on your case at the time the review was made. Read the court cases. The first step is to file a contempt action. But if the plaintiff is not receiving title 14 A funds then child support enforcement coming after you is against their own law. Refer to: N.C.G.S. • My advice to you, is get the hell out of that state, and don’t look back. If someone can help I could use it. The state gets 66 cents for every dollar they collect plus 2-3 dollars for every dollar the spend to collect it! I have 49 claims that Cigna has sent me in 28 months. MrI need an attorney. “Back child support” is the child support amount set out in a court order that is owed but currently unpaid. They are a unit of local government or private entity that solely depends on your ignorance to trick you into contracting with them and hoping you don’t catch it before the statute of limitations are up (N.C.G.S. Either parent can ask the LCSA to provide child support services, which will then start a child support case. 150B-2(1a) and NC case #: 11CVS1559, if you think I’m lying. Parents who frustrate or interfere with the other's parent's time with the children: This takes place in parental gatekeeping matters which can lead to parental alienation.A parent does this to artificially increase his or her own time and therefore increase child support. Such as This government system is a joke. The mother was ordered to pay $35.00 a week in child support. If anyone doubts this, you can look up the courts, police departments and so on. The courts gave us permission to move to the state of Ohio, in 2012, and ordered me to transport the children from Northeast Ohio, to middle Tennessee, every 3rd weekend of every month (1,200 miles round trip), at my expense, and supervise an 8 hours visit with her and the children. Judge told me to sue the Child Support Agency. They aren’t an “AGENCY” nor do they fall under the Executive branch of government to “ENFORCE” anything. Is there anyone out there who will help me ensure they do the right thing by me… I am on a fixed income…. They have no incentive to assist in out of state issues. Can I sue them for negligence since their error is costing me thousands of dollars? You won’t get anywhere. While you may not be able to sue for child support decisions you can sue them for fraud and that fraud led to deprivation of your rights! 42 U.S.C. My child’s mother returned to the courtroom with something hand written on a plain piece of paper. They are operating outside of their jurisdiction. They will keep taking until they are forced to stop. The child must be a court-appointed representative of his or her custodial parent’s estate. As stated in the previous paragraph, I was legally married to someone else and the lady who got the “dissolution of marriage” in IA knew my wife and in fact had interacted with my wife socially on a personal basis. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. They have their hand in my pie and take out bigger pieces whenever they want, without any reasoning. There were deals being made all across the room trying to get people to pay and more so, keeping them outta jail. OCSE is the federal government agency that oversees the national child support program. When filing for child support, a custodial parent may also request retroactive payments, which are made to support the needs of the child between the time when the couple files for divorce and the point at which a judge actually mandates child support … Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window). You are absolutely correct but there is no statute of limitations on them not performing due process. A few years later if found that the child support continued as was and I had accumulated a lot of areas. The judges are acting as administrators in court which means they loose their judicial immunity as well. Now Title 14 d law states that due process is the law when it comes to what child support enforcement can do or not. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. It appeared that my civil rights as a male non custodial parent have been violated and they past judgement on me without proper reasons. My wife and the State of WA filed for CS in 1971 or 1972 via an Intrastate Petition with the IA Courts which I won because my wife would not respond to my responses to her allegations. If I was legally married to someone else would not a Dissolution of Marriage that does not apply to my legal wife be illegal and unenforceable, including a CS Order. Several years ago I got a notice from Child Support Enforcement that my monthly support payments were going to be reduced. My case worker wont do anything for me, and hasn’t since day 1. I had never received anything from the child support office advising any further actions so I continued on with life. She explained that I would have to go talk to another lady on another floor, so I did. It’s not the CSE account it’s the Department of Social Services account. https://www.youtube.com/watch?v=aWeDJUfiycY All other holidays are split 50/50. I need help soon my case is beyond illegal or wrong it’s criminal. We actually had to go downstairs to yet another crowded floor in order to go to the courtroom where the judge was. So I know what he was probably doing behind those closed doors.. I agreed ok let’s go because what I was seeing wasn’t fair. The “MeToo” movement has bolstered me into taking action i need help! You may need to download version 2.0 now from the Chrome Web Store. You need to do the right thing and make the right man responsible. Small claims court never has jurisdiction over family law. Your email address will not be published. They get paid 2 dollars for every dollar you pay. Mr Nelson form South Dakota. An increase of 216.00 per month and I’ve only received an increase in pay of 130.31 annually. Can u help me (pls). Then they asked if she had any proof of how much she paid in child care. How can he have rights to my child but I have none to his that was born in 2002. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. However after speaking to friends about who I should get to represent me. Again this all seems to be a little one sided. Hello i was just wondering in the state of ca can i sue child support? the child support ordered for the older child(ren), or; the calculation for a primary custody arrangement (Civil Rule 90.3(a)(2) calculation). I went to court to find out why the reduction was not entered and neither the courts nor the Child Support Enforcement department had an answer. They must lack common math skills and common legal skills that you would think one must have in order to perform the jobs they do. The ones that are current and paying seem to be forced to fulfill obligations in order to make it appear that they are doing their job. A month later on May 11th 2017 we are back in court. The court will then require the incarcerated parent to either pay support or prove that they are unable to do so. Additionally, an agency can enter the child support order as a foreign order to seek enforcement from states where the parent is domiciled or owns property to enforce the order and collect the support. You are right David. If you no longer have a copy of that notice, you should request a copy of your entire child support file from the Child Support Enforcement department. Supporting documentation must be gathered and provided to the attorney. While California child support laws are designed to speed up and streamline the process, four issues often get in the way. CSE has no authority to have you arrested. I was left to raise our two children while he went about his life . NCP. We separated after 6 yrs . Also a judge under title 14 law cannot sign a child support order. This acting under the color of law is tearing families apart. in 2014 I had a child and though we hv been separated all this time NC has declared him my child’s father . Past due support, also called “back” child support, results from one parent’s failure to pay court-ordered child support … I was getting angry, so I called them to see what the problem was. Your email address will not be published. CIVIL RIGHTS COMPLAINT: I retained an attorney for 800.00 and later I find out I didn’t really need him to do what I was about to do next. I have a case from Va. but live in florida who administers for Va. they refuse to modify or even move my case to the current county i live in and make me drive over an hour away to do anything and the office in my county is 10 minutes away. § 241 (CONSPIRACY AGAINST RIGHTS). However after sitting in the hallway with my attorney behind closed doors with whomever was in there with, he came back out to let me know he was only able to get it lowered by thirty dollars a month. Any motions to modify or enforce child support payments … Judges also have a conflict of interest, because they have a pecuniary interest in every child support case. So this is why they need you to be behind and pay as much as possible. I do not have a comment but I do have a question. For every dollar they collect the federal government matches it. I’m now on s.s.d. A police office came out from the courtroom, and I asked him if they might have called my name. • In North Carolina you can most certainly sue a child support enforcement agency. CPS investigations can be traumatic and stressful for both parents and children. I have not had any major changes in my income since 9/28/15 when at that time my child support was set at 519.00 per month. They do fall under the administrative branch which ha no authority to put us in jail. It is a felony to owe over 5,000 dollars in back child support across state lines. Oh and the lawyer I hired, after doing a little research, come to find out, I could have appealed the order without him.. Before you even approach the defendants table ask the judge to reserve all your rights before you approach the defendants table. Google it then research how you and I are the number one funding source for the department of social services. As a result every state in the union also filed bankruptcy. The case also includes as a party the custodial parent that is receiving public assistance. They are supposed to follow title 14 law. I now have a parenting plan established. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. If it is challenge jurisdiction and due process. As we waited, I reminded everyone that we did have a month or so to gather any documents we may need for that day, as I was prepared. The workers still go by the old pre 1990 law. Mostly hard working loving fathers. It is also referred to as “child support arrearage” or “arrears.” When child support is not paid pursuant … And once a County or State incorporates it loses sovereign immunity; (Clearfield Trust Company V. U.S., 318 US 363). Reviewing the comments above it is clear that suing child support services is out of the question but what about an investigation? Suing the state or one of its agencies may not be your best course of action. It is housed within the executive branch but legally it is a private business so they cannot claim qualified immunity. DCSS is an awful business that is only out to seek the most federal funding possible. You mean Title IV-D funds? I would like to know what are my right and what can I do because according to The Personal Jurisdiction Code , My rights have been violated and or ignored. Is there not a solution to this madness. They sent it back again saying she lives in the county where I sent it the first time. I’m gonna go to a federal court and file my paperwork. NC child support office would not accept TN stating that order was not properly filed nor prepared by TN office (TN office send order directly to employer and ignored the NC office); My children have not received court ordered child support over the past 4 years because of this. Phyllis MacCutcheon licensed in CT and NM only. It’s public knowledge. 1-53(1)). We are the only group of Americans that are so Persecuted without any support I do carry medical insurance on her as required. Now that my child is 17teen he will finial get the support he should have gotten from day one. Can I sue my child’s social worker for telling my son that his dad had hit me with a bat when my son was not aware of it ? The Supreme Court has many rulings against dSS and CSE for going against their own laws and guidelines. Most states and state agencies have sovereign immunity. There is one circumstance where a child can sue a parent for back child support. They are all listed under Dun and Bradstreet corp. index. IA did not appeal the KS Court ruling. If you are seeking a new child support arrangement or are fighting to get your … we are not criminal I was legal separet 1992 93 94 95 I paid in full have 2 children 1 was 23 18 I made deal with my x transfer house under her name and she squash alimony and 2 years of child support I never recived any court order or warrant tell 2013 csea garnished my only pension of 45 dollars a month if I was awear of that during dos years I will file for modification becous I was very sick and out of work from 1997 I was in court 01/26/2018 the magistrate refused to chop my arrears wat you sugest I will do tank you. The act demands CSE for every state that receives title 14 funds. You may not be able to sue the State of North Carolina or the Child Support Enforcement department for negligence. US Supreme Court Case Wehunt v. Ledbetter, Blessing v. Freestone , 520 U.S. 329 (1997) If it’s voluntary for the state, it’s voluntary for the non-custodial. They are a private organization that requires membership. Title 14 guidelines says they will and are knowingly giving the custodial parent excess and giving you hardship. I have documentation of all of this and how the mother trapped me to begin with. Your and my money. She is licensed to practice in the state of Michigan. Write me in on your ballot . They have incentive to not reduce child support because they get 2 dollars for every dollar you pay. Same thing in California..though they try to make it tougher but do your research. Why does everyone turn a blind eye to her but when it comes to me , it’s more, more, more!!! Against the state of Texas. This has gotten way out of control and i feel that if child support didnt assigne her a case so close to home then i would not be having this problem. However on 5/11/17 my child support order was modified and now I’m obligated to pay 735.00 per month and keep medical insurance. You can always report it to the Inspector Generals Office in D.C. They mailed me copies of my case. the child support system is not a court it a scam and a big business and also extortion! I asked for copies everything on my case. Yet when I filed for an modification I was told there was not enough evidence for any modifications. I am running for President . Demand an answer and if the case worker is disrespectable go over him/her head until you get someone to address your concerns. Child Support is not mandatory! Money for the receiving parent for … Required fields are marked *. I only received 300 a month in support for them . They do it for their own benefit – Money- Child support Child support order Finances and child support Determining child support … If that was me I would have been in jail the first $1,000 and 1st contempt The court system is so bias.. Joseph Cordell, Principal Partner, licensed in MO and IL only. 42 U.S.C. That money get deposited into the states general fund, and the first one’s who gets paid out of those ill gotten gains, are judges, prosecutors law enforcement. They will do what ever they can to destroy the My email is rob74harrison@gmail.com and my number is 5736313287 if an attorney can help. It’s like they will not terminate the order they just keep collecting. This attorney is wrong across the board. [irp] Alternatively, if the party who is required to pay … They certainly do not care how badly they badly they destroy Back in 2009, I called everyday, and left a message, for 3 months straight. Problem solved but all these educated people running this child support office and courts run it like a fast food restaurant. CORDELL & CORDELL, ST. LOUIS, MO. However I do know that my child is healthy and that’s a blessing. We sat down and they began to ask her if she had any proof of income, she replied no that she had just started a job and didn’t have a check stub yet. They all have a sworn oath to protect the identities of the institutions they collect for. how about a commonwealth state like virginia, do these rules still apply? Ten years later I was informed that this reduction did not take place and I owe thousands of dollars in back child support. The KS Court ruled I owed less than $7,000 back CS and Current CS. Cloudflare Ray ID: 61e043b89f54fdbd Nothing was notarized. A simpler course of action may to be to request a hearing with the judge regarding your arrearages. Child support froze my bank account. The choice of a lawyer is an important decision and should not be based solely upon advertisements. They don’t have he power to suspend your license. Their mother was convicted of drug charges (methamphetamine, and cooking it in the same vehicle, she used to transport our kids during her weekend visits), and did some time in the state of Kentucky. the life of the Non-Custodial Parent . We’re people with rights too, not everyone is a dead beat parent. – Men’s Divorce Podcast, Click here for a full listing of offices nationwide. This is because they always side with the woman. If they are title 14 challenge jurisdiction. You can not imagine what I have had to do and deal with and endure to raise my children keep them safe and stay half way sane. There’s a lot more. I noticed each time they sent it back the amount on these money orders was always a few dollars more. Back in 2012, my wife and I and our 5 kids (2 mine, 2 hers, and a nephew), moved to the state of Ohio. But somehow the final child support order increased to 22000 a month with over 60,000 in back child support. #1 you have the right to sue the child support agency. She said Mr. Crutcher we called your name and you were no where to be found. I was married legally 22 yrs . I filed an appeal and present over 39,000 in back child support in which I was granted. They were all so eager to take my money and give it to her though. It is my understanding that there has to be a 15 percent increase in wages for a Modification to be granted or 3 years and an audit can be called. Basically, is there some agency that governors the child support services? 42 U.S. Code § 1983 – Civil action for deprivation of rights. It reads like a novel, so hear is a breakdown. One lady took out a calculator and begin typing in numbers, then said that my obligation was to increase by 200 something more dollars a month. Save my name, email, and website in this browser for the next time I comment. 3 Years later, I get a letter in the mail, stating they were going to close the child support case, due to the fact that we moved out of state (3 YEARS LATER)!!! And the way I’m seeing it, is my kids and I are screwed, because Tennessee won’t do anything for anyone, unless they see the money is actually there to take. That is a “Conflict of Interest”! From upset stomach to just not acting right.. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution. Your man can come back and sue you and the state for making him pay for a child that’s not his. Bring all of your records and never allow them to give you a court appointed attorney. I can’t even remember if I had given the ladies my check stubs or any documents at that time or not, because I couldn’t believe what I was seeing happen. If the child is in foster care then both parents have a responsibility of paying child support. The courthouse was full and after just a few minutes it was obvious that I may have been the only non- custodial parent that was even current with payments. 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