What Constitutes Child Support Fraud

[SuzyMD45]

My question involves child support in the State of: Maryland



Last year, my husband lost his job as did many people in this country. Since then, he has finally found a new job but it pays substantially less than the previous one. He petitioned Child Support to have his payments lowered until at which time he can afford to pay more again. After waiting 9 MONTHS for a hearing, he finally had one last week. We cannot afford a lawyer so unfortunately he was left to do all of this on his own and it still took 9 months.
At the hearing, the child support officer stated that she was recommending the decrease at which time the "mother" of the child and I use that term loosely, began a tirade because one: her "council" whom she brought with her was not allowed into the hearing room and two: she was unhappy with the decrease period. During that tirade she came into the waiting room and began berating me and verbally attacking me, making rude comments about our other children and then tried to physically assault me and threatened me. Here's the kicker...she does not nor has she ever had physical custody of this young man.
Since birth, her parents have had physical custody. When my husband and I married, the whole family put us through the ringer over visitation, child support, you name it and her parents could buy and sell us so in order to be able to see the child at all, we basically had to play everything by their rules and we knew that he would be much better off living with her parents than her. Basically, our hands were tied if my husband was going to be able to have a relationship with his son.
Until this past week and her attempted assault on me, we had kept to the original bargain and were assured that although he did not reside with his custodial "parent" (ugh) that the child support payments were being given to her parents in order to help take care of the child. Now, due to her actions at the child support office, people are coming out of the woodwork who have information that she has never given those payments to her parents and that she used them for her own bills and what not all of these years. Basically, her parents have been lying to us all of these years that she was in fact giving them the money each month.
My husband made a very good salary and she "claimed" to only make a very small amount of money. His child support payments were large for one child but he has made them every month for all of these years (10) and has only fallen behind once during his time of unemployment and we even took money from his retirement in order to catch up because he didn't want his son to go without.
One consolation in all of this mess is that her behavior in the child support office was not only witnessed by the child support officer, a security guard and her so called "council" who turned out not to even be a lawyer but was also caught on video tape AND the child support officer assured my husband and I that all of this would be in her report to the court.

My questions are:
IF we can prove that she has kept all of this money or at least a large part of it for her own use and did not provide her parents with the support checks each month to take care of this child, can we sue her for fraud and make her pay her parents the money now?
Can my husband request that custody be transferred to her parents if they are willing to accept it since they have had physical custody all of these years?

I guess after reading this story, does my husband have ANY legal grounds for ANYTHING that we can go after her for? This whole thing is just making us sick that she has kept all of this money and yet was screaming and ranting at me in the waiting room that her child is not going to suffer just because my husband lost his high paying job. Add to all of this she also has a drug problem and has even been placed on probation for possession of a forged prescription which we just recently found out through public information on a background check, plus numerous other criminal offenses. We are honestly worried about him even being around her on weekends or whatever when she has visits with him.

Help please?

[cyjeff]

Is the child going without?

If not, then any case would be between the grandparents and the mom. Your husband would still be on the hook....

This is going to sound vindictive no matter how you try to bring it up in court.

[SuzyMD45]

Vindictive how? We didn't even know about her criminal record or the fact that she was keeping the money and not giving it to her parents until after the hearing last week and a few people who knew about the hearing came forward (even people whom SHE told about the hearing) to us. It's not as if he deliberately filed for a reduction because of this and we have undenyable proof that all of the events I spoke of are legitimate. His son knows he can come to us for anything and if we can find the means to provide it, we do and always have.

The child is DEFINITELY not going without as the grandparents are comfortable shall we say and we have also provided him with some pretty nice luxuries when we were able to, as well as time and love.

I do understand what you are saying as far as the custody and financial issue being between the grandparents and the mother. However, that is why I came here because we are on good terms with the grandparents and we would like to speak with them before taking any further action IF we in fact can. I just wanted to know if my husband stands a chance legally to have all of this reconciled.

I'm sorry but think it is absurd that just because you push a baby out, you are entitled to a pay check and to Haydes for the father of the child and he has no say as to how this money is spent if it isn't spent on the child. This is child support not alimony for goodness sakes. If there is no law against this, the darn well should be.

[cyjeff]

Vindictive how?

Because as long as the child is cared for and the persons caring for the child does not effect your husband, his finances or his relationship with the child, what other reason would there be?

This is, again, a problem between the grandparents and mom. If your husband wishes, he may go to the judge and ask to be able to send the checks to the grandparents if there is actual proof.

I do understand what you are saying as far as the custody and financial issue being between the grandparents and the mother. However, that is why I came here because we are on good terms with the grandparents and we would like to speak with them before taking any further action IF we in fact can. I just wanted to know if my husband stands a chance legally to have all of this reconciled.

There is it again.

What reconciliation? Your husband will still owe the same amount no matter whom cares for his child.

I'm sorry but think it is absurd that just because you push a baby out, you are entitled to a pay check and to Haydes for the father of the child and he has no say as to how this money is spent if it isn't spent on the child. This is child support not alimony for goodness sakes. If there is no law against this, the darn well should be.

There are also those that think it is absurd that just because a man deposits a little genetic material in a woman that he is then legally entitled to be a part of the child's life.

Payment is supposed to be for the child's care. However, other than some rumors, you don't know where the money is going.

As for how the money is spent, if the child has a roof, food and clothing, the court will assume that the money is being spent correctly.

[SuzyMD45]

Because as long as the child is cared for and the persons caring for the child does not effect your husband, his finances or his relationship with the child, what other reason would there be?

Accountability? Justice? Or are mothers, simply by the nature of the fact that they gave birth, not required to support their own children if they are legally considered the custodial parent?

This is, again, a problem between the grandparents and mom. If your husband wishes, he may go to the judge and ask to be able to send the checks to the grandparents if there is actual proof.

Now you're talking. Had we known a long time ago that they were not getting the checks, this would have been taken care of before now. However, at the hearing, we did request just that.

What reconciliation? Your husband will still owe the same amount no matter whom cares for his child.

Reconcilliation in the form of from here on out, she doesn't get a single dime of this money to blow on her prescription drug habit but rather all payments going forward go to her parents.

There are also those that think it is absurd that just because a man deposits a little genetic material in a woman that he is then legally entitled to be a part of the child's life.

I'd agree with that statement when the father is a piece of crap, otherwise I feel as the judge stated during the original order in my husband's case..."Miss -----you cannot stand there and expect this man to pay you $X per month and then tell me you won't allow him to see the child. You obviously thought he was father material when you concieved his baby."

Payment is supposed to be for the child's care. However, other than some rumors, you don't know where the money is going.

With all due respect, these are not rumors. These are eye witness accounts of heated arguments between her and her parents over the checks and the fact that she was not turning them over. The paper trail is our next step.

As for how the money is spent, if the child has a roof, food and clothing, the court will assume that the money is being spent correctly.

The court will also take into consideration the child support officer's account of her behavior on the day of the hearing, as well as the child support officer's recommendation that the support be sent from now on to her parents instead of her.