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Child Support Fraud
My question involves child support in the State of: Colorado
Hello everybody, this is my first post here! Here are the facts:
R. is the husband and T. is the wife. He is military and in 2002 he got order to move to Europe and his wife decide to leave him and stay in the States to live with her mum and their child.
Every month R. would send her around 1500 dollars for the baby and that would happen trought a directed deposit straight from his paystub.In 2007 he gets back to USA and file for divorce. She report him to Child support agency saying he never paied her nothing. He goes to child support agency with all his paystubs since 2002 showing her account number and how much money he was putting there. Child support agency said they will get back to him. In the meantime during the divorce proccess he gets orders to deployed to Iraq. The agency never gets back to him and the divorce is granted while he is deployed and he gets to pay 710 dollars instead 490 because of the old missed payments (which never occured). Now he filed for his tax return and he gets an email saying that due missed child support the refund will be given to his ex wife that now is saying she knows he doens't have to do anything with it. R. is back to the States and wanna get to the end of this and get back what he deserve because he always paid his child support and he has evidence of it...where does he start? Thanks for the help
R. lives in Colorado and T. lives in Florida and the divorce was granted in Colorado.
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Re: Child Support Fraud
He should have availed himself of his rights under the Servicemembers Civil Relief Act (SCRA). Having chosen not to do so, and allowed proceedings to occur in his absence, he should talk to a lawyer in the state where the order was issued ASAP about (a) whether he can get the order revisted as a default judgment under the SCRA, and (b) what other grounds he may have for relief.