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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Mother Falsely Claimed Non-Support After Seeking Public Assistance

    My question involves family law in the State of: Texas

    Hello,

    First, I want to acknowledge any Men out there that are going above and beyond to provide a stable environment for their children and maintain peace with the mother. Jah's blessings to you, and do not tire out. The real reward is your child's appreciation when they are grown and wiser.

    History

    I reside in Texas. I am the non-custodial father of one child with a flawless visitation and child support record. In 2008, my ex-wife filed a no-contest divorce against me. In 2009, even though I was providing financial child support via bank transfers, she filed for child support through Texas OAG in hopes of getting more money. To her disappointment, she found out that the court ordered child support amount was less than what I was providing to her directly. Again, I sustained a flawless visitation and financial support record. In 2011, She remarried and in hopes of eradicating me from our son's life, she filed an order to cease child support. Her husband and her were hoping that I would consider this as "freedom" from my fatherly responsibilities and that I would slack. I saw through this and played along. However I continued to provide every form of child support during 2011 to 2013 and meticulously documented it. I rented a home less than a mile from my son's school and became even more involved in his life.

    In February of 2013, Her and her husband fell on hard times with a newborn child and applied for state welfare. In the child support income section of the following welfare benefits application she claimed that I did not provide any support from 2011-2013. Based on this information, the welfare agency contacted the child support agency and had them reactivate child support against me. They then contacted her and confirmed that this information was correct before wage garnishments began. I had documented correspondence between her and I where I attempted to have her correct this issue on her own and she blatantly refused. It was her intent to collect these incorrect amounts.

    Reference: [TX Health & Human Services Record: Application for benefits: Section O]
    Website: http://www.hhsc.state.tx.us/help/1010-eng.pdf


    Present

    In March of 2013 I received an unexpected letter from the Texas Child support agency claiming that I owed a minimum of $10,863 in arrears and that new wage garnishments would begin in April. I immediately visited the office and received approval for a court review. July 25th 2013 I presented to the child support court an overwhelming amount of proof that I provided more than the court amount of child support since the day of our divorce. At first my ex-wife stuck with her claim that I had not but after document after document was laid on the table she quickly changed her story and confessed that I had provided support in all forms. The end result is that the incorrectly calculated arrears have been nullified by the court and a new and fair child support order has been put in place.


    The Ultimate Question

    Will this be considered as two separate counts of fraud? My next move is to attempt to gain custody of my son based on welfare and child support fraud on her part. I believe that with the copy of the signed order that she filed in 2011 asking to cease child support, the false claim she made in February of 2013 on her welfare benefits, and then her documented reversal of that claim in court on July of 2013, that I have enough to prove that she is manipulating the system.

    Please let me know if I am on the right track. Your time is much appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Texas Child Support/Welfare Fraud and Child Custody

    Quote Quoting ombyrd
    View Post
    My question involves family law in the State of: Texas

    Hello,

    First, I want to acknowledge any Men out there that are going above and beyond to provide a stable environment for their children and maintain peace with the mother. Jah's blessings to you, and do not tire out. The real reward is your child's appreciation when they are grown and wiser.

    History

    I reside in Texas. I am the non-custodial father of one child with a flawless visitation and child support record. In 2008, my ex-wife filed a no-contest divorce against me. In 2009, even though I was providing financial child support via bank transfers, she filed for child support through Texas OAG in hopes of getting more money. To her disappointment, she found out that the court ordered child support amount was less than what I was providing to her directly. Again, I sustained a flawless visitation and financial support record. In 2011, She remarried and in hopes of eradicating me from our son's life, she filed an order to cease child support. Her husband and her were hoping that I would consider this as "freedom" from my fatherly responsibilities and that I would slack. I saw through this and played along. However I continued to provide every form of child support during 2011 to 2013 and meticulously documented it. I rented a home less than a mile from my son's school and became even more involved in his life.

    In February of 2013, Her and her husband fell on hard times with a newborn child and applied for state welfare. In the child support income section of the following welfare benefits application she claimed that I did not provide any support from 2011-2013. Based on this information, the welfare agency contacted the child support agency and had them reactivate child support against me. They then contacted her and confirmed that this information was correct before wage garnishments began. I had documented correspondence between her and I where I attempted to have her correct this issue on her own and she blatantly refused. It was her intent to collect these incorrect amounts.

    Reference: [TX Health & Human Services Record: Application for benefits: Section O]
    Website: http://www.hhsc.state.tx.us/help/1010-eng.pdf


    Present

    In March of 2013 I received an unexpected letter from the Texas Child support agency claiming that I owed a minimum of $10,863 in arrears and that new wage garnishments would begin in April. I immediately visited the office and received approval for a court review. July 25th 2013 I presented to the child support court an overwhelming amount of proof that I provided more than the court amount of child support since the day of our divorce. At first my ex-wife stuck with her claim that I had not but after document after document was laid on the table she quickly changed her story and confessed that I had provided support in all forms. The end result is that the incorrectly calculated arrears have been nullified by the court and a new and fair child support order has been put in place.


    The Ultimate Question

    Will this be considered as two separate counts of fraud? My next move is to attempt to gain custody of my son based on welfare and child support fraud on her part. I believe that with the copy of the signed order that she filed in 2011 asking to cease child support, the false claim she made in February of 2013 on her welfare benefits, and then her documented reversal of that claim in court on July of 2013, that I have enough to prove that she is manipulating the system.

    Please let me know if I am on the right track. Your time is much appreciated.
    The bolded would not be a change of circumstance that would be a basis for a change in primary custody. If mom went to jail for welfare fraud (isn't going to happen) and was therefore unable to care for the child, THEN you would have a basis for a change in custody.

    I am also not at all sure that she did anything that constitutes fraud.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Texas Child Support/Welfare Fraud and Child Custody

    Quote Quoting llworking
    View Post
    The bolded would not be a change of circumstance that would be a basis for a change in primary custody. If mom went to jail for welfare fraud (isn't going to happen) and was therefore unable to care for the child, THEN you would have a basis for a change in custody.

    I am also not at all sure that she did anything that constitutes fraud.
    I would agree

  4. #4
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Texas Child Support/Welfare Fraud and Child Custody

    She's not going to be charged with fraud or even perjury. Courts don't have time and there are bigger fish to fry. I don't see this as a basis to custody, although I do get why you're pissed. Be glad you had the requisite documentation and weren't stuck with the arrearages.

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