Legal Question in Family Law in California
Lawsuit against court system
I would like to know if I have any legal standing against an entity of the San Diego Court System, namely the San Diego District Attorney's Office - Bureau of Child Support Enforcement.
Approx. 6 yrs ago I applied for welfare assistance in San Diego. I submitted information from the Brooklyn Family Court regarding child support. The SD Dist. Atty's Office didn't do anything with this information for three (3) years. In the interim the non-custodial parent went to the Brooklyn Family Court (NY) and had the child support order suspended. In doing so, my son & I have been emotionally & financially affected due to this. I personally feel that the SD Dist Atty's Office non-action on the support order submitted, is negligent. Does the SD Dist. Atty's office have a responsiblity to follow-up as expeditiously as possible on situations as this?
1 Answer from Attorneys
Re: Lawsuit against court system
When you applied for welfare you assigned to the county the right to receive your child support payments, therefore the loss is theirs. They have no legal obligation to prosecute the action. The problem is enforcement between states is very, very slow through the district attorney's office, they are faster than they were 10 years ago, but still slow. The problem is created because California does not have jurisdiction over the Father of the child. If you are now off welfare, you should retain an attorney in Brooklyn to reinstate a child support order. You may wish to call the court to see if they have a "freind of the court" who will establish an order for you. That will be faster than going through the local DA. While it may cost money, you will probably lose a lot more by waiting for the DA to proceed. Good Luck, Pat McCrary
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