Legal Question in Civil Rights Law in Alabama
Business Malpractice
Approximately 11 years ago I filed a complaint with my local DHR office for owed back child support. At that time my ex was 2 years in arrears (@ $214.00 per month). I was told they would assign me a court hearing. I never heard from them. I called and called and was told my file was misplaced and would have to come down again and fill additional paperwork out but that I would hear from them again. I did and assuming they were backlogged waited a little more time. To make a very long story short - I have done the same thing four times - they never return my phone calls and now my file is LOST again. My ex husband has worked several jobs - received income tax refunds and received a $100,000 settlement from a lawsuit. Still doesn't pay child support and I want to know if I have a case against the local office.
2 Answers from Attorneys
Re: Business Malpractice
Probably not. As a State agency, they would probably be immune. You need to meet with an attorney.
Re: Business Malpractice
This is not a "business malpractice" case, but could be construed as a civil rights case. it is EXTREMELY hard to sue a government agency, but the level of incompetence / neglect that you're describing is pretty serious. I sincerely hope that you have copies of everything you've filed.
You have a couple of options. Contact the state child support administrator and alert them to the history of your case: be specific with dates and documents filed. Attach copies of everything. Talk to an attorney and find out under what circumstances a state agency has been sued (they HAVE been) and what the standards are in your state. I found a link with contact information (including an email address),
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