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Old 07-04-2012, 01:07 PM
zman88 is offline
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child support enforcement


Eight years ago I was divorced in Indiana with a decree stating that I not pay child support over christmas and summer breaks. The case was moved to Illinois where I was informed that I would need to pay support year round and that back support was owed for the eight years that I didn't pay over these breaks. I promptly showed them the court order which clearly shows that I was not to pay but they ignored and started garnishing my wages and checking account. My question is can I sue child support enforcement in small claims court?
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Old 07-04-2012, 01:10 PM
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Reported for forum change.
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Old 07-04-2012, 01:35 PM
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Moving to GQ.
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Old 07-04-2012, 02:15 PM
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Moving to GQ.
We actually prefer that real-life legal questions go in IMHO. MOved there.

samclem, Moderator
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Old 07-04-2012, 02:18 PM
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This is America. You can sue anyone. Hell you might even want to consider suing anyone that advises you to sue (or not sue). You also might want to consider suing them in a different state though because it's not likely you'll be given much favor in Illinois.

I suggest Texas. Just remember though if you lose the case in Texas you go straight to death row.

Texas. The state that has an express lane for the death penalty. Yeehaw.
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Old 07-04-2012, 02:25 PM
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This is why there are lawyers. Everything here is WAG or misinformation.

Basically, either the collections people are stupid and dicks, or there is something you are not telling us (like the order was changed in Illinois). I assume if the case is reopened for changes in Illinois, then it overrides an earlier judgement in Indiana.

Get a real lawyer. Listen to what he says. Or, move back to Indiana and reopen the case.

Last edited by md2000; 07-04-2012 at 02:26 PM.
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Old 07-04-2012, 02:32 PM
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Quote:
Originally Posted by zman88 View Post
Eight years ago I was divorced in Indiana with a decree stating that I not pay child support over christmas and summer breaks. The case was moved to Illinois where I was informed that I would need to pay support year round and that back support was owed for the eight years that I didn't pay over these breaks. I promptly showed them the court order which clearly shows that I was not to pay but they ignored and started garnishing my wages and checking account. My question is can I sue child support enforcement in small claims court?
IANAL but I highly doubt that you can sue someone to get back the judgement of another court.

It might help any lawyers wandering by, if you actually explain what happened. You had a child support plan in place for 8 years and then the "case" was moved to Illinois? Have you been wrangling your ex-wife for 8 years or did she just take some new legal action?
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Old 07-04-2012, 02:39 PM
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Was that previous order proven to be determined based on false or misleading information?

Get a lawyer.
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Old 07-04-2012, 04:46 PM
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Get a lawyer.

But to answer your final question, almost certainly not. I mean, you can sue them, but government agencies acting in an official capacity are almost always immune from suit, unless you can prove an intentional or malicious violation of your rights.

Did the court in IL modify the support order?
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