State v. Wallace

The majority opinion correctly identifies the elements of estoppel. I dissent because the facts presented do not show an affirmative misrepresentation on the part of the State. The facts also fail to show that Tamara Wallace was ignorant of any relevant fact concerning the assignment of her rights to the State.

It is undisputed that Ms. Wallace, in exchange for AFDC payments from the State, assigned to the State “all rights, title and interest in any support” that she had in her own behalf or in behalf of any person for whom she received AFDC. It is also undisputed that Ms. Wallace received…