State, Department of Revenue, Child Support Enforcement Division v. Allsop

OPINION

MOORE, Chief Justice.

I. INTRODUCTION

The Child Support Enforcement Division (CSED) initiated support collection measures at the administrative level against William Allsop, whereupon Allsop sued his ex-wife and CSED to disestablish his paternity. CSED appeals from two aspects of the trial court’s decision: (1) its holding that such an action lies against the State; and (2) its decision to award Allsop full attorney’s fees based upon its finding that CSED litigated vexatiously and in bad faith. We affirm the trial court’s conclusion that CSED is a proper defendant, but we vacate the…