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My thought would be to begin by having the case sent back to Georgia. First, this more convenient for you as that is again your state of residence. Second, you seem to be having more success in Georgia anyway.
As you are again a resident of Georgia, you just need to contact the agency to make them aware of your relocation and they should have the matter transferred back there for enforcement purposes.
Once the case is transferred back to Georgia, you could file a motion to correct the record. The motion would detail what you have described here;
- everyone resided in Georgia
- the mother and child moved to Texas while you moved to North Carolina
- Texas took over the child support case and their records became incorrect at some point
- You have proof of payment and records from Georgia indicating that you have actually paid more than your obligation
- You now need the state to correct the records so that your credit report may be corrected as well.
Once you have the motion filed, contact the judge's assistant to set the matter for a hearing. Then prepare your records for presentation in court. Once you have presented your evidence to the judge, he should enter an order requiring the state to fix their records.
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Candidly, I would not suggest pursuing an action against the state for their "neglect". There would be a couple problems with such an action. First, any state entity is protected by what is commonly referred to as qualified immunity. This immunity protects the entity so long as they were reasonably acting within the scope of their duties. Meaning, you would need to demonstrate some intentional act to prevail.
Additionally, I would suggest that the fact that there were several states involved further complicates matters. When you have more than one state involved, it is fairly easy for each to blame the other and/or for there to be some miscommunication issues.
Further, there may be a problem with damages. To win an award here, you would need to demonstrate some loss and that the loss was directly attributable to the defendant. While I understand your statements as to damages, it would be difficult to directly link those damages to these actions.
All told, my opinion is that you end up spending a lot of time, money and effort on a case where your ability to prevail is questionable at best.
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