Legal Question in Family Law in Mississippi

Re: Failure of DHS to help collect child support x 15 year

On 1/7/02 I received your msg posted 1/7/02. This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, this response is based on my general experience, and resulting opinions. No attorney-client relationship is formed by this response.

Generally, you will be limited by the statute of limitations as to what damages you can obtain. Also, to sue a state agency you will need to send notice to the head of agency, and you may be limited to only the amount of malpractice insurance DHS has to cover its professional services. Your claim will be for negilgence and your damages will include any reasonably foreseeable suffering due to their negligence. Alternatively, you might have a claim for breach of contract. To pursue that claim, you will need to seek the back-due child support through the services of a private attorney, and then sue DHS for the attorney fees you incurred and any child support you are denied because of their failure to act. Lastly, you can complain to the Federal Department of Human Services or your congressman about DHS's failure to act.