Legal Question in Family Law in California

Child support

Is it possible to sue a county for making quite a few mistakes concerning child support? The mistakes have caused me a lot of time and distress that could have been easily avoided. We have spent countless hours in person and on the phone with the county to try and solve the problems. I feel like these mistakes could have been easily avoided and I don't feel I should have to pay out of my pockets for thier oversights and mistakes.


Asked on 7/05/00, 4:10 pm

2 Answers from Attorneys

Michael Gray Barber & Gray, LLP

Re: Child support

Government officials have immunity and as a rule cannot be sued unless you can prove malice.

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Answered on 9/08/00, 4:19 pm
Edward Lindley Edward Lindley, Attorney at Law

Re: Child support

Not likely, just as with the criminal system. The FSD setup is similar. Think of that the next time you go to the voting booth and who authorized the system you complain of. In all fairness, looking at San Diego County, they do have a rather large caseload, much of which is handled by non-attorneys and mistakes do happen all the time, not maliciously intended. There is however, a certain level of arrogance as well, realizing that they have the upper hand. When the system as we know it was setup several years ago, it was plainly and honestly stated that "Sue them all and let God sort it out" was their credo. When a problem does occur, make it known to them loud and often and document your telephone calls and keep copies of all correspondence. Do not release original documents to them other than your letters.

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Answered on 9/12/00, 5:16 pm


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