Litigation Success on the Issue of Recoupment of Child Support Overpayments

Publication Date: October 2004

Publisher: Center for Law and Social Policy

Author(s): Paula Roberts

Research Area: Law and ethics; Social conditions

Type: Brief

Coverage: United States

Abstract:

This memo discusses the ramifications of the recent court decision in Gamble v. Ohio Department of Job and Family Services. The court found that the Eleventh Amendment barred monetary relief against the state and its officials. It also barred declaratory and injunctive relief against the state, but the Eleventh Amendment did not bar such relief against state officials. Plaintiffs counsel then successfully moved for a preliminary injunction to stop the state from recouping erroneous overpayments of child support.