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  1. #1
    Join Date
    Mar 2011
    Posts
    13

    Default Is it Welfare Fraud to Get Benefits Without Reporting Child Support

    My question involves criminal law for the state of: CA

    About a month ago my brother received a call from child support services stating at case had been opened against him. He has been paying his ex wife directly per their agreement.

    Apparently, his ex wife had signed up for welfare but failed to report that she received child support (well over $1000/mo). At first, child support services was trying to hold him responsible for almost $30k in back child support he had already paid. He then provided DCSS with a notarized receipt from his ex-wife that said he was current through May. DCSS accepted the notarized letter and adjusted to him being current. But now, DCSS says he owes nearly $3000 in money back to Welfare, even though they acknowledge he is paid up on child support. Note to self and others, if you ever pay CS to another party, only get NOTARIZED receipts... Apparently DCSS in California does not accept other kinds of receipts without going to court and letting a judge decide if the receipts are valid.

    My question is, did his ex wife commit fraud? If so, how likely is it that there will be any kind of investigation or consequences for his ex wife?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is it Welfare Fraud to Get Benefits Without Reporting Child Support

    DCSS is aware of the history. If they believe that there was a criminal misrepresentation in relation to any of the benefits for which the mother applied, it is within their discretion to refer the matter for prosecution. Without the details - the type of benefits at issue, what was actually stated on the applications - I'm not going to speculate.

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