Suing a GAL and getting Child Support from mother

Question: I was just curious what are my chances of a lawsuit against friend of the court? I feel I have been discriminated against because I am the father. I have custody of my daughter in a long battle but on 2 occasions now I have been considered the lessor parent. Also I have only received one check for child support and the mother has not even been arrested. She paid one time to save herself from a bond for $250.00 because she failed to show for court.

That is all I have received. Now she has court again. How many chances does she get? She hasn't paid since the order was entered in October. Any help in this matter would be greatly appreicated. The county of the case is Eaton County, Michigan.

Answer: The jurisdictions in which I practice (Missouri) do not use "friends of the court" and I am not familiar with their exact role in your litigation. In my jurisdiction we have Guardian ad Litems (GAL) that are attorneys appointed by the court to represent the interest of minor children in the family courts. GALs are also appointed in cases where someone is mentally incapable of representing themselves in court. There is no statute that allows a suit against a GAL in my jurisdiction and I know of no cases in my State in which someone has sued a Guardian ad Litem in a family court case. It may be possible to sue a GAL as any attorney may be sued for malpractice.

Assuming that the "friend of the court" is similar to the GAL in my jurisdiction, it would be extremely difficult to win such a suit as they are appointed by the court and in your specific case you won custody so there are no damages. Further the GAL or friend is providing his or her opinion to the court and it would be difficult to prove that their opinion was wrong even if the court did not agree with their position. With regard to the child support, contact your Family Support Center or the equivalent in your State. They will help collect the child support arrears usually without cost. You can still pursue the matter on your own with a Motion for Contempt.

Finally most jurisdictions have criminal actions if the child support arrears exceed a certain dollar amount and/or a certain number of payments missed. You can speak with the local prosecutor about the criminal non-support requirements in Michigan.

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