Child Support Agency - Online Help

A child support agency is maintained ordinarily through either the Attorney Generals Office or Department of Child Services. Inquires, requests for assistance and questionnaires for qualification are available online. State AGs have authority to prosecute for nonpayment of child support. This prosecution normally requires participation in a motion to enforce child support filed with a state court and may result in incarceration of your ex-spouse. Be aware using state resources for collection of child support is a substantially different process than using a private divorce lawyer to file this motion for you.

Child support agency services

A few of the more important differences between services provided by state agencies and private divorce lawyers include the following:

• Everyone who applies for state assistance will not qualify. Help is provided on a case by case basis based on legal qualification and need.
• Time required for a response to your inquiries, request, and assistance provided vary widely. Cases are usually accepted on a first come, first served basis.
• Collection may be offset against financial aid already provided to you by the state.
• The ethical duties owed to you by lawyers representing the state are substantially different than the ethical duties owed by private divorce lawyers to their clients.

Child support agency duties compared to private divorce lawyers

Assistant AGs represent the state's interest. This interest may be provided by statute or departmental policy. In both cases, the ethical duties of assistant AGs flow primarily to their client - the state - and are provided immunity for prosecution for damages caused by negligence which may cause harm. Stated similarly, assistant AGs cannot be sued by ordinary citizens when they malpractice.

Private divorce lawyers owe each client a high degree of confidentiality and professional conduct. Any violation of an ethical duty or negligent conduct gives rise to potential liability to clients. Because private lawyers are personally responsible for all actions on behalf of a client, the standard of care and quality of representation must be focused only upon protecting the individual client's best interest.

See Also: Sources for filing, Court Orders and Contempt, Child Support Agency Online Help, Free Form Help and Instructions