CHARLESTON – A couple says the state and federal government is continuing to take child support payments from them even after the female half of the couple regained custody of her child.

Christian and Angela Lindroth filed a lawsuit April 15 in Kanawha Circuit Court against the West Virginia Department of Health and Human Resources, Tamicka Tolliver, a DHHR employee, Policy Studies, a company contracted to collect child support for the state, and Debbie McMillan, a woman who had temporary custody of Angela's daughter.

According to the complaint, a Kanawha Circuit judge ordered Angela to pay $50 a month in child support. The state on July 2006 notified Angela that her wages would be garnished, but the plaintiffs claim no money was ever taken out of her paycheck.

In March 2007, Angela was told she owed $411 in child support that was in arrears. The plaintiffs claim Angela paid the amount in full and regained custody of her daughter days later.

Following that alleged payment, the plaintiffs contend that four payments were taken from Angela's wages after regaining custody. Then, in 2008, $185 was taken out of Angela's income tax return for child support, the complaint says.

The plaintiffs say that McMillan knew she was not entitled to the payments anymore, but continued to take the money.

Tolliver is being blamed for not reporting to the DHHR that custody had been restored to Angela.

In February 2008, the Lindroth's filed a joint tax return. According to the complaint, the Internal Revenue Service kept $1,269 of their refund for child support.

The IRS is listed as a potential defendant in the lawsuit.

The couple is seeking compensatory and punitive damages.

Richard K. Lindroth is representing the plaintiffs. The case is before Kanawha Circuit Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number: 09-C-707

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