Suing Another State For Refusing Interstate Case Enforcement

by Stephanie
(Lansing, MI)

Divorced and child support order originated in Kentucky. I've now lived in Michigan for 3 years. My ex's wages are garnished, but he works for his brother, who suddenly stopped paying every 2 weeks in August 2008. He will wait a couple months or almost three and then pay some, but not all of the owed money. I've continually pleaded with KY to enforce my case, to find the employer in contempt (22 out of 23 checks he paid last year were received well over the 7-day requirement by state law). He continues to lie to the local county child support office in KY saying that he is paying them on time, then saying that it's his accountant who mails them late (another's he that signs the payroll checks and child support check and mails it personally); however, he refuses to give the state level office the check numbers to prove it.

For 2 years, they have continued to lie to me, telling me he has 30 days to pay but state law says 7, making up bogus KY state laws, threatening to close my case if I continue to talk directly to them (because they won't respond to any of Michigan's requests for felony criminal complaint, payment history, tax intercept, driver's license suspension, capias warrant, performance bond for the $5450 arrears). The county attorney also represents the brother in a private matter regarding his business. Now I receive a scathing letter from Michigan Friend of the Court worker saying that the special prosecutor contacted them and that I cannot call them anymore or they will close my case (something state officials say they cannot do)...and that I cannot contact ANY public agency in KY about enforcement...that it's not my ex' fault, his employer/brother, the local child support office or the prosecuting attorney's fault that the CPA isn't paying timely. This is not so and I've been saying this to all of them for 2 years now and they won't have the employer prove that it's the CPA. They refuse to do anything now. So, can I sue KY or their Cabinet or the Child Support program...would that be in federal court? Can I file that from here in Michigan or do I need to do that in KY? Would I need an attorney here or there? Thanks!

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Fellow MI Mom
by: Anonymous

I would let them close the case! Then it is even worse on their end. While you are looking into legal action you should file here in MI. I'm going to warn you though, nothing gets done here either.

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