My husband & I have our taxes intercepted every year from the state of Texas for child support. I do file the injured spouse claim; however, he has paid up his child support and the district court the case gose through is in Oklahoma. Both parties live in Oklahoma. The judge in Oklahoma had ordered no child support 2 or 3 years ago. Texas closed it's case then a few months later re-opened it. Now they have started garnishing his wages! Yes we have sent in ALL the court filings but have got no where in this matter. Can we file a civil suit and is there a chance of a criminal action suit? Please help. We cannot afford an attorney and I can do the paper work involved, we need to be pointed in the right direction. Thank you.
To whom it may concern:
You can't sue the state, you sue the county, they are violating Section 1983 of Title 42 of the civil rights act, the 5th amendment, and the 14th, amendment.
The most important case to use is: Lugar v. Edmonson Oil Co, 457 U.S. 992. It will give you the constitutional requirements of due process for the taking of your property by whatever county in Texas says you owe support.
Get a subcription to versuslaw.com ($12.00) and look up on-line some examples of writing up a lawsuit. You will being going pro-se, representing youself, which you can do under the 6th amendment. I could send you a copy of my case, you could use for an example. I only have one, so postage and copy fee is all I would ask for. I know what your going through. I am email@example.com
Ask the court for declaratory relief under Steffel v Thompson, 415 U.S. 452 (1974) and Doe V. Bolton, 4410 U.S. 179, 188 (1973), ask for an injuction under Exparte Virginia, 100 U.S. 339, 347-347 (1880) and the case you use to sue the county is Monell v New York City Dept. of Social Services, 436 U.S. 658 (1978). Sue the county in Federal District Court, in the state you live.
I did this when the state of Tennessee went after me for 38,000 in back child support I had already paid, in 2000. They dismissed the case, cleared my child support. I sued for $1,000,000.00 dollars, the case was dismissed because I served one of the offcials wrong. I did garnish a hearing in Federal District Court in Reno, NV. The state of Tennesee appoligized.
Tennessee just re-opened my case in Tennessee after 20 months, October 5, 2009, of no wage garnishment and the case being closed. I sent them letter asking for the proper addresses of their attorneys, and what I owed 968 dollars for. They closed the file. Told me they would notify the IRS. If they don't and If they take my taxe refund, I will go for it again, this spring. This time I will also use the RICO act.
I'm pretty busy these days, and teach school and coach. It's kinda of a scary process, but, it was worth it to me.
Where ever the divorce was granted, the state going after the child support, must use the state laws where the child support order originated, unless they can change juristiction. Some states emancipation age is 18 others 21, some can make you pay college tuition up until 21-22.
I can't give advise or recommend what you should do, just tell you and show you what I did.
Hope this helps.
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