Legal Question in Administrative Law in California

I am curious about how to file a suit against Child Support Services local state agency for their failure to follow the state regulations and collect on my case which is non-assisted case, and how they could have missed a CAL PERS account since 2004, is ludicrus to me. The account last statement receioved as living as a couple was even on file when opening a case with LCSS and they managed to never get with it and attach the account like Cal state codes says would have occured once he was four month delinquent now over four years past due. The worst part to this mess is that he was able to close and take total withdrawl; on the account after filed petition for dissolution was the steps taken to end this marriage and I am the legal spouse and equal funds owner. The withdrawal was allowed afrer he claimed that there were no interest on my behalf with the account, and cleaned out $ 43,0000.00 as easy as pie with the community property state and all who really of this mess could be a fault here. I have not had luck in collecting anything and now lost the interest to the half of the account that I would I have continued rights to until retirement is lost for ever It seems that these fools at Child Support Services are totally at fault and several written contacts from them have contradicted themselves whenever there was a complaint filed and then they start to get things into the court yet nothing would come of this because the lack of their following up on anything they would start to clear the hearing with the things they are doing to collect yet the whole mess is back to nothing again and again since 2005 and the kids are over legal age now so it is arrears only with less chance they would ever try to collect. They are aware that he cleaned out the account without my knowledge or consent and he admits that he s[pent it already too, isn't that the admission to refusal to provide for his child or at least contempt it amazes me they just let this drug addict walk every dang time. Would it be possible to sue the state agency or Cal Pers???? or Who the doper has nothing so that is long gone, his parents will leave everything to him and then it is my kids after he is done smoking it all up in about five yrs max?

JUST LIKE MY FAIR SHARE AND SUPPORT OWED MAYBE BE NICE TOO SOMEHOW?


Asked on 9/07/09, 10:33 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think your best bet is to find an attorney locally who handles matters of this kind and would give you a personal interview. Your problem is more than just a simple question of what does the law say. You need someone to pick up and carry a torch.

I can say two rather simplistic basic things, maybe three. First, before you can sue an administrative agency like Child Support Services in court, you have to run out your string on complaints against the agency's procedures at the agency itself.

Then, before bringing any suit against the state, you have to file various notices complying with the so-called "Government Claims Act." This is a procedural requirement left over from the days when "the king can do no wrong" and therefore a mere mortal could not sue the government.

Finally, I don't think CalPers is the right agency to attack here....go after the agency.

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Answered on 9/08/09, 12:04 am


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