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  1. #1
    Join Date
    Feb 2012

    Default Ex-Wife Fraudulently Collecting Child Support After Court Order

    I live in Massachusetts. Ex-wife lives in Georgia. Child support being collected by Alabama.

    I took custody of my son from my ex-wife over a year ago. I filed for custody in Mobile, AL where we had once lived, and where the original divorce decree and support order were ordered. Ex-wife gave me custody prior to us attending court at the start of 2011.

    When we attended court in Mobile, AL at the start of 2011 the judge ordered that the state in which the child now resides (Massachusetts) has jurisdiction, and any child support arrears should be dealt with through the courts there. She also ordered that I have physical custody.

    I filed for a custody modification in Massachusetts which was heard in November of 2011 during which it was ordered that there was an arrears amount for child support, and that mother would not pay father child support for a period of 4 years, (based on a minimum as she does not work), after which father's arrears would be $0, and mother should pay child support to father.

    The state of Alabama today started to garnish my pay for child support arrears in the sum of close to $11,000, and it appears my ex-wife has fraudulently claimed that I am owe her child support. Per what I said above, the state of Alabama passed jurisdiction on to Massachusetts in January 2011, and the state of Massachusetts ordered that the arrears are offset over the next 4 years by the mother not paying support. (She has paid nothing since I took custody in late 2010).

    I will of course contact the Mobile County clerk in Alabama first thing Monday morning to start clearing this up.

    My questions are, how can my ex-wife do this?

    If she has received any payments, how do I get them back? (Since my wages were just garnished for the first time she may have received nothing yet).

    I am due a rather large Federal income tax rebate in the next 2 weeks, and am assuming this will be paid to her. How do I stop this from happening?

    My ex-wife is essentially committing fraud. Do I have any legal course which I can take against her?

    Can the state of Alabama file charges against her for fraud?

    Can I file contempt in Massachusetts since she has gone against the court order made here?

    My ex-wife has emailed me recently telling me her new husband may be losing his job, and I know they have severe financial problems, (She may have filed for welfare).

    Thanks in advance for any advice. My family is at our wits end, as this has instantly had a financial impact on our lives when we thought all this had been taken care of.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Ex-Wife Fraudulently Collecting Child Support After Court Order

    You can start by figuring out if, in fact, your ex- misrepresented something to somebody and, if so, exactly what she did and where. If you're simply assuming, all we can do is guess - and we might all be wasting our time.

    Fill us in on what you find out tomorrow morning.

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