Can i sue the child support division for negligence and trauma I have suffered due to multiple mistakes by them in my case.

Asked 4 months ago - Roseburg, OR

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I have been paying since 2006 all different amounts, lost tax returns and had my credit ruined due to having so much taken from me to pay for my exwife to be on public assistance. I currently received a check where my take home was 47% without overtime I couldn t even pay my bills. what can I do

Attorney answers (6)

  1. Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered January 24, 2013 23:22. More facts are needed to provide a good answer. A local lawyer should look into all the facts and circumstances.

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  2. Contributor Level 19

    1

    Lawyer agrees

    Answered January 25, 2013 01:06. You will not, realistically, be able to sue them, but you should be able to file a motion to modify support to the amount that actually reflects your income. (Assuming you make at least minimum wage. The law presumes that all parents are capable of making at least minimum wage, 40 hours a week, for support calculation purposes. That's $1,525 per month, at this time.) You are entitled to a a review of support amounts every 35 months, and you can also file to modify based on a substantial change in circumstances from the last order - i.e., if you lose a job, &c. You should consult with an attorney in private if you need to do this.

    Note that you will probably think that even the "correct" amount of child support is too high. Everyone who pays support always does.

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    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. Contributor Level 19

    2

    Lawyers agree

    Answered January 24, 2013 16:02. You can definitely dispute the amounts you paid and get it corrected for the future b

  4. Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered January 24, 2013 16:12. You can request and accounting and see if there is an error. If they are claiming entitlement to the amount they are taking I would hire an attorney to appeal.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  5. Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered January 24, 2013 16:32. this seems very unfair. but when dealing with these guys, it usually is. mistakes are made and many times the dad has to suffer. i am not sure you can sue them for their failures. however, you should be able to convince a judge to give you some relief by their mistakes if proven. contact a local attorney and present that proof.

  6. Contributor Level 20

    1

    Lawyer agrees

    Answered January 24, 2013 17:32. See a family law atty and try to go in to court and get a reduction of the amount they are taking from paycheck.

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