can I sue the courts for defamation of character?

Question

I few years ago after I filed for divorce and when the divorce was finalized after 18 months of legal separation and paying the amount of child support I was ordered to pay by the courts. My ex went to the child support services and told them I never paid her a dime in support for these 18 months they started a wage order assignment against me with out any type of hearing. I thus have been paying the ex arrears payments that I should not even owe.
Could this be considered as slander and labeling me as a dead beat dad? This matter has serious affected my credit rating and has caused me emotional distress in fighting this matter with them.I have recently hired an attorney to help me get these charges wiped out. How is it possible for my ex to simply walk into a government office and make these statements about me and they in turn act with no formal hearing. And no due process in my regards. If anyone knows of any non custodial parents groups that can help me please respond.

Answer 1

Did you bring your copies of the cashed checks with you to court?

You cannot sue the Courts for defamation of character or slander because the judge made a ruling based upon the facts presented.

You needed to be able to rebut your ex' claim of non-payment of support with copies of the cashed checks that you can order from your bank.

If you had hired an attorney in the first place, the attorney may have been able to appeal the decision.

Good luck!

Answer 2

Generally speaking:

Defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation.

Libel involves the making of defamatory statements in a fixed or medium, such as a magazine or newspaper

Opinion: It is said that a person's mere opinion, as opposed to an allegation of fact, cannot give rise to an action for defamation. It is important to note, though, that a statement which superficially appears to be an opinion may nonetheless contain a sufficient factual element to support a defamation action. The content and context of the statement will typically be considered in determining if the statement is actionable. A statement by an employer to the effect of, "Joe Smith is a pathological liar" is far less likely to be regarded as a mere opinion than a statement by a casual acquaintance. A statement by Joe Smith's psychotherapist to that effect, while possibly also violating duties of confidentiality, appears to be a medical diagnosis and thus, if false, may also support an action for defamation. Some jurisdictions have eliminated the distinction between fact and opinion in defamation actions, and instead hold that any statement that suggests a factual basis can support a cause of action for defamation.

you are considering filing an action for defamation, you may wish to consider the following:

High Cost - Defamation actions tend to be costly to pursue. When brough against major media companies or publishers, or their employees, you should expect that the case will be capably defended by highly skilled defense attorneys.

Low Recovery - Defamation actions rarely result in sizeable awards of damages, and it is not unusual for the cost of pursuing a defamation action to exceed the ultimate recovery.

Publicity - The publicity associated with litigating a defamation claim can actually serve to expose a greater audience to the false allegations than they previously enjoyed. In the event that a newspaper or news show picks up the story of the defamation lawsuit, defamatory statements previously known to only a handful of people can suddenly become known by the entire community - sometimes the entire nation or world. Sometimes the media will do a poor job of subsequently covering the verdict, such that the public hears the defamatory allegations but doesn't learn that the plaintiff was successful in the lawsuit.

Difficulty of Proving Defamation - It is sometimes not possible for a plaintiff to establish all of the elements of a defamation action, even where the defendant's statements were entirely false. Most people who hear that a plaintiff lost a defamation action aren't interested in the nuance - they will instead assume that the loss means that the allegations which inspired the suit were true.

Answer 3

The original source of your complaint is your ex spouse not the court!

Because you don't say whether or not you've CONTINUED to make your child support payments, one is unable to factually respond to the question!

You need to locate any and ALL documentation showing you've promptly paid ALL of your support payments or else you're swimming against the flow!

I must agree with several other posters here that there seems to be something missing!

Contact an attorney in your local area that specializes in family law!

Best wishes!

Answer 4

If you don't have proof of paying the child support, there is nothing the courts can do.
Do you have cancelled checks, money order receipts, or receipts from her if you paid cash. it is always to go through the court system in paying your support. You pay the court and they pay her, then you are covered. It can't be considered as slander but if you can prove you are paying twice, you should get some relief from that. It is good that you have an attorney. Good luck

Answer 5

A question or two....

You say you made the payments as ordered initially in the divorce? Then why did your ex say otherwise?

You DO have proof of those payments, right? Like cancelled checks, receipts, something like that to prove that it's not just her word against yours? Or that maybe you DIDN'T pay them after all?

If you have an attorney, why are you asking the masses via Yahoo!Answers for help?

I have a feeling there's more to this story than you're telling us....but then, that's just me.

Answer 6

Nope. You should have had the wage assignment done in the first place to protect you. If you can prove the payments, make copies of them and send them to the child support enforcement agency. You can then ask the court to hear you regarding the arrears.

Good luck.

Answer 7

Nope. They have judicial immunity.

You should always DOCUMENT your payment of support. Never do it in cash.