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Can you sue the child support agency???

Hartford, WI |

Can you sue the child support case worker for fraud? I have recently been convicted of felony failure to pay child support 120 days. I paid three and one half months in advance while attending school. At my time of graduation I was behind in my payment's , but I was under the 120 day failure to pay mark. Know I got a class I felony and three years probation. I have the paperwork that clearly shows I did not go over the 120 day mark. This just one case. Over the years she has got me good.I paid 15000 over on my two oldest boys with proof. But know she wont credit my account. Know the 15000 I paid turned to thirty thousand with the interest. Mistakes or fraud.??????????? She denies me access to my case file. These are just a couple of the small things she has done. Any good attorney's

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Attorney answers 2


It is hard for an individual to sue the state of Wisconsin.

Workers for the state can only be sued if they are act outside of their responsibility, or if they have a duty they fail to provide. Something like governments don't break the law, people do.

But if it is forseeable for her to make mistakes in her execution of her job.

WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.


If you have been convicted, you either plead to the charge or were found guilty beyond a reasonable doubt by a jury. Frankly, the time to get an attorney to help you would have been prior to conviction! It will be almost impossible to sue a state worker after you plead or were found guilty. However, you might want to talk to an appellate attorney.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.