Can Arkansas Department of Child Support be Sued ?

Question

Can State of Arkansas be sued if they decided to collect $26000.00 in past due child support without having a valid standing court order in the State of Arkansas.

What do I need to do or what court I need to motion to stop their action if there was never child support case but they are going ahead with collection efforts?

Answer 1

"without having a valid standing court order in the State of Arkansas."

If there is "past due child support" there MUST have been a court order somewhere, ordering some amount of child support to be paid.

If there is a valid court order from any other state they can collect in Arkansas if that is where you work or have bank accounts, or other assets.

Answer 2

I hope so.  

Answer 3

There are times when the state will put forward a past due sum when a court order is initially established. This sum would be for the amount of child support you should have paid to the mother and child prior to the court order - so if the child is 2 or something (depending on how many years back a state considers), then you would be responsible to pay that amount you should have paid during those two years to make you 'current' in your payments.

In my case, my child was 4 by the time a court order was established. The state that originated the court order allowed for 2 years of back support to be due.