> > > legal services provided

Legal Services of Public Authority

Quick Facts

Public authority attorneys do not represent anyone besides the public authority.
Example: County Attorneys do not represent the parents; they represent the county.
Despite a lack of attorney-client relationship, public authority attorneys should not disclose confidential information to anyone other than the assisted person(s).

The provision of services under the child support enforcement program that includes services by an attorney or an attorney's representative employed by, under contract to, or representing the public authority does not create an attorney-client relationship with any party other than the public authority. If you need legal representation, then you must seek out the services of a private law office like this one.

Attorneys employed by or under contract with the public authority have an affirmative duty to inform applicants and recipients of services under the child support enforcement program that no attorney-client relationship exists between the attorney and the applicant or recipient.

The written notice must inform the individual applicant or recipient of services that no attorney-client relationship exists between the attorney and the applicant or recipient; the rights of the individual as a subject of data; and that the individual has a right to have an attorney represent the individual.

Data disclosed by an applicant for, or recipient of, child support services to an attorney employed by, or under contract with, the public authority is private data on an individual. However, the data may be disclosed to obtain, modify or enforce child support, medical support, and parentage determinations.

An attorney employed by, or under contract with, the public authority may disclose additional information received from an applicant for, or recipient of, services for other purposes with the consent of the individual applicant for, or recipient of, child support services.

Access to Address for Service of Process

In an IV-D case, a parent may obtain an ex parte order. The parent may obtain an ex parte order requiring the public authority to serve legal documents on the other parent by mail if the parent submits a sworn affidavit to the court stating that:

the parent needs to serve legal process in a support proceeding and does not have access to the address of the other parent;
the parent has made reasonable efforts to locate the other parent;
the other parent is not represented by counsel.

The public authority must serve legal documents provided by the moving parent at the last known address of the other parent upon receipt of a court order. The public authority must provide for appropriate service and certify to all parties the date of service by mail. The public authority's proof of service must not include the place or address of service.