Is it fraud?

[concernedtaxpayer]

If a custodial parent is on section 8 housing and are getting paid under the table is that fraud? Also if the custodial parent is working under the table and not claiming taxes, how can this presented in court concerning child support? Also the custodial parent is not filing either child on their taxes, how is it possible for them to receive child support and other benefits and help from social services? Is any of this fraud? And if it is fraud how can it all be presented or reported? Also should a court order for custody be filed first or a court order for child support? Can the non-custodial parent settle or file a court order for them to pay child support?

[Mr. Knowitall]

If a custodial parent is on section 8 housing and are getting paid under the table is that fraud?

If they're not reporting the income in order to get a larger subsidy, it's probably a form of welfare fraud.

Also if the custodial parent is working under the table and not claiming taxes, how can this presented in court concerning child support?

Prove that the parent is employed and ask that income be imputed to the parent on the basis of the type of work performed and hours worked.

Also the custodial parent is not filing either child on their taxes, how is it possible for them to receive child support and other benefits and help from social services? Is any of this fraud?

You don't have to pay taxes in order to be eligible for social services.

[concernedtaxpayer]

How do we go about proving employment? Also on one of the questions I worded it wrong what I meant to say is if the custodial parent is filing for child support but not claiming the child on their taxes isn't that fraud?

[guy40az]

If anyone is getting benefits based on income and they are not reporting income under the table or how ever they are paid it is fraud. However you are not committing fraud if you are filing for child support and not claming them on your taxes. Some divorce decrees allow the non custodial parent to claim the child every other year on there income tax. You do not have to have the child claimed on a tax return to files for child support but you do have to have sol custody to file for child support. So you will want to file for custody first then file for child support.

The only way you will can prove there is more income then they are reporting is when you do a inventory of income and expense.