Fraud by Custodial Parent

[doormatmom]

The father of my child is living with his girlfriend who had twins last year. Currently, she is receiving child support from him while he is residing with her.

Is this fraud?

The effects...when she filed for child support her wage assignment went to the employer. The father is in arrears on my child's case. Current support is based on 50/50 placement, the child does not and has not spent overnights or even 2% time with father for 4 years. I filed for full placement last week without a lawyer. I cannot afford a lawyer.

The effects...the other case, the girlfriend, gets paid FIRST. First, the current support for each case is disbursed. Her child support is based on sole custody/placement. He lives with her. He trumped the situation by having her file for child support so that the money can come back to their household. OR, due to a State interest, girlfriend receiving assistance at some point or currently, the State may have ordered her with "good cause" to file for child support.

I am ASSUMING she is filing for assistance with the state and that he is not on her application for assistance as a household member, therefore not counting his income when she qualifies for assistance.

I called the Court Commisioner, they don't care or take reports of concerns of fraud. I would have to mail a letter, with copies to father, and fear retaliation and effects on our child due to my actions.

I called the welfare system in my state. They have a fraud line where you leave a message. I left a message last week, no call back.

Now, I find out that they pay current support on both cases but can only withhold 50% of his net income. Where does this NOT constitute fraud?

My child is being denied financial support due to his and his girlfriend's actions. HELP!!! Open for suggestions!

I filed for change in placement to reflect the actual situation. In the meantime, I am minding my own business as to not cause undue friction. I am focused on MY child. But, I do feel as though I am being "messed with".

If there was a book on how to "screw" your family, this guy wrote it.

[Mr. Knowitall]

You have reported the suspected fraud. Beyond that, you can try to get your support adjusted to reflect the reality of their living situation.

[doormatmom]

Thank you for your response. Yes, I filed the affidavit and motion to change custody (long shot), placement (to reflect actual situation), and support (if placement is changed it will be a different formula).

I have voiced this situation to all entities I have come into contact with for the past 3 weeks. The child support enforcement case worker for our case mentioned writing a letter to the child support enforcement attorney. I have not made that move due to fear of a copy of that letter going to the father and causing greater grief for my child or myself. A copy of that letter would be in our divorce file and frequently a copy is required to go to the other party. There is a state interest in our case due to my being on assistance for medical. The child support enforcement agency, as I understand, is not an investigating agency.

What happens to cases where the state doesn't have an interest? How can one parent live with his children and mother of other children and file for child support?

Would there be fraud in the fact that by having the mother of his children file for support to cause the affect that the first child support case then only receives current support and no arrears? The affect is that he gets his childsupport wage withheld returned to him by being issued as a check for child support from the live in mother of his children.

I'm looking to write this in a non emotional fact based letter. I see a loop hole here that has to be affecting others.

[doormatmom]

I made a motion for change of placement and custody 9 weeks ago. Yesterday her Dad and I appeared in court. I was granted sole custody and primary placement. The sad part is that it only makes legal the fact that her Dad is an absent father. Children need their parents, both of them.

The state did investigate the situation regarding fraud. Starting in April the full amount of child support began being received for our child. I will never know if it was caused by the investigation because that is private information. Resolution was the result of following through.

It is tough because it is the children who are hurt by absent parents. She has seen him 4 times since last year May. He lives 12 miles away. It is so sad. We planned her and had been married many years before being so blessed to become parents.

No matter what, a parent should not abandon their child due to their own selfishness. We become selfless when we become parents. This was not a case of victory to be celebrated. This is a case of abandonment of a child which is a very sad situation.

Thanks for this forum. I just had to post the results because I found this forum very helpful and hope this helps others.