You Can File A Lawsuit Against Child Support Judges Acting As Contractors

To “sue Title 4D” essentially means to file a lawsuit against a state child support enforcement agency operating under Title IV-D of the Social Security Act, which governs child support enforcement programs; this usually involves alleging that the agency failed to properly enforce a child support order, acted improperly, or violated your rights during the process, and you would need to file a lawsuit in the appropriate state court, often citing a federal civil rights statute like Section 1983 to bring your claim. [1, 2, 3, 4, 5]

Key points to remember when suing a Title 4D agency: [3, 4, 5]

• Contact your state’s child support enforcement agency: Find out the specific name of the agency in your state that handles Title 4D cases to properly identify the defendant in your lawsuit. [3, 4, 5]
• Grounds for a lawsuit: Common reasons to sue a Title 4D agency might include: [5, 6]
  • Failure to establish paternity accurately. [5, 6]
  • Improper calculation of child support payments. [5, 6, 7]
  • Delays in enforcing a child support order. [1, 2, 5]
  • Failure to investigate income properly. [3, 4, 5]
  • Improper actions by the agency staff. [1, 3, 5]]

Steps to take when filing a lawsuit against a Title 4D agency: [1, 2, 5]

• Gather evidence: Collect all relevant documents related to your case, such as court orders, child support calculations, correspondence with the agency, and any evidence of the agency’s alleged misconduct.
• Draft a complaint: Your complaint should clearly state the specific claims against the agency, outlining the alleged violations and the relief you seek (e.g., modification of a child support order, damages, etc.).
• File the lawsuit: Submit your complaint to the appropriate state court, typically the family court where your child support case was initially filed.
• Serve the defendant: Ensure proper legal service of the lawsuit on the Title 4D agency.
• Discovery process: Engage in the discovery phase where you can request information from the agency to support your claims.
• Attend court hearings: Be prepared to attend court hearings to present your arguments and evidence. [1, 2, 5]

Important considerations: [1, 2, 8]

• Statute of limitations: Be aware of the time limit to file a lawsuit against a Title 4D agency in your state. [1, 2, 8]
• Potential remedies: Depending on the circumstances, remedies may include modification of a child support order, damages for agency negligence, or an injunction to compel the agency to take specific actions. [1, 2, 5]

[1] https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4801&context=uclrev

[2] https://www.findlaw.com/litigation/filing-a-lawsuit/can-i-sue-child-support-enforcement-.html

[3] https://www.srln.org/system/files/attachments/SRLN%20Title%20IV-D%20resource%20guide%20-%20final%204-27-14.pdf

[4] https://fundingtoolkit.sji.gov/title-iv-d-child-support-and-establishment-of-paternity/

[5] https://www.nclamp.gov/media/425659/flb22.pdf

[6] https://www.acf.hhs.gov/sites/default/files/documents/ocse/state_financing_of_cse_programs_final_report.pdf

[7] https://skyviewlaw.com/blog/can-you-appeal-a-child-support-order/

[8] https://www.bryanfagan.com/blog/2024/june/can-a-child-sue-a-parent-for-back-child-support/