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  1. #1
    Join Date
    Aug 2020
    Posts
    4

    Default UI Fraud

    My question involves a marriage in the state of:WV
    Hello all, my spouse is asking for a divorce, a shock to me but i suppose it happens, in the course of digging to see how bad I've been left financially I discovered my spouse has been drawing UI unemployment since it began despite their returning to work in late may. They've earned apox 5000$ with their job and collected apox 5700$ from state unemployment. I have bank statements proving this.
    Question is...how good of an ace in the hole is this information to me? I would think reporting them would only leave me liable for their debts as we will have to file jointly but separated this following year. I doubt they'll come lock them up for this. I just see the irs withholding any returns until the debt is paid. Which agian would fall back on me as I was the primary earner in our marriage and am the the one most likely to have steady taxable income.
    Your thought are appreciated

  2. #2
    Join Date
    Oct 2016
    Posts
    4,217

    Default Re: UI Fraud

    Quote Quoting Redbox77
    View Post
    My question involves a marriage in the state of:WV
    Hello all, my spouse is asking for a divorce, a shock to me but i suppose it happens, in the course of digging to see how bad I've been left financially I discovered my spouse has been drawing UI unemployment since it began despite their returning to work in late may. They've earned apox 5000$ with their job and collected apox 5700$ from state unemployment. I have bank statements proving this.
    Question is...how good of an ace in the hole is this information to me? I would think reporting them would only leave me liable for their debts as we will have to file jointly but separated this following year. I doubt they'll come lock them up for this. I just see the irs withholding any returns until the debt is paid. Which agian would fall back on me as I was the primary earner in our marriage and am the the one most likely to have steady taxable income.
    Your thought are appreciated
    Not much of one. The state is likely going to find out when they get out of the weeds.

    At this very moment, I have about 70 Employer Wage Audits on my desk. It is the form the state sends out to employers to look for just this sort of thing. If you don't mess around with the divorce it may well be done before such forms go out to your wife's employer. These on my desk are mainly for the 4th quarter of 2019.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,841

    Default Re: UI Fraud

    No, it is not an ace in the hole. To do what you are suggesting has a different term: extortion, and it's a felony. You should be talking to your lawyer.

  4. #4
    Join Date
    Aug 2020
    Posts
    4

    Default Re: UI Fraud

    Quote Quoting PayrolGuy
    View Post
    Not much of one. The state is likely going to find out when they get out of the weeds.

    At this very moment, I have about 70 Employer Wage Audits on my desk. It is the form the state sends out to employers to look for just this sort of thing. If you don't mess around with the divorce it may well be done before such forms go out to your wife's employer. These on my desk are mainly for the 4th quarter of 2019.
    Thank you for you reply, my spouse manages a small business and for all I know they'd be the person the forms are sent to.

    Quote Quoting flyingron
    View Post
    No, it is not an ace in the hole. To do what you are suggesting has a different term: extortion, and it's a felony. You should be talking to your lawyer.
    understood, but how is my spouse threatening "taking me for everything unless I do exactly as they wish" not the same...i understand taking the high road, but what if that high road leads to ruin. My experience in life has taught me that Karma is just revenge without the satisfaction

    And i suppose having evidence of her cheating would hold no weight in court either.

  5. #5
    Join Date
    Jan 2011
    Posts
    370

    Default Re: UI Fraud

    Quote Quoting Redbox77
    View Post
    I just see the irs withholding any returns until the debt is paid.
    If you have a steady job then you can adjust how much is withheld so you owe a bit.

    Also you file a return. If you overpaid you receive a refund.

    Her cheating does not affect the disposition of property, visitation, child support, etc. in WV.

    The state isn't going to put your spouse in jail for UI fraud, especially since violent criminals are being turned loose because of COVID. They'll just get their money back through garnishing her paychecks or bank accounts under her name once they figure it out. All of the states are hurting for cash right now so they'll claw back any money they legitimately can. It would be best if your finances were completely separate from hers before that happens.

    After the divorce is final if you really feel the need to rat her out to the state, you can do so at https://workforcewv.org/report-fraud. You can report the fraud, you just can't threaten to report the fraud in an attempt to come out ahead in the divorce.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,841

    Default Re: UI Fraud

    It's simple. As your mommy should have told you, two wrongs do not make a right.

  7. #7
    Join Date
    Nov 2013
    Posts
    6,997

    Default Re: UI Fraud

    Quote Quoting bcr229
    View Post

    The state isn't going to put your spouse in jail for UI fraud, especially since violent criminals are being turned loose because of COVID. They'll just get their money back through garnishing her paychecks or bank accounts under her name once they figure it out.
    Violent crimes have nothing to do with EI fraud. And there will be a time when the wife is caught committing the fraud. It's not up to the states to decide if they will prosecute someone for making fraudulent claims under the CARES ACT. The ACT has specific guidelines that have to be followed to verify every claim. She has likely received the PUA federal payments ($600). So for at least 9 or 10 weeks she has filed a fraudulent claim each week she certifies for benefits.


    Unemployment Insurance was established by the federal Social Security Act in 1935. Much of the federal program is implemented through the Federal Unemployment Tax Act. Each state administers a separate unemployment insurance program, which must be approved by the Secretary of Labor, based on the federal standards. The CARES ACT made those standards stricter.

    Right now OP is a coconspirator. He knows of the crime and he will benefit from it.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,382

    Default Re: UI Fraud

    Quote Quoting Redbox77
    View Post
    My question involves a marriage in the state of:WV
    Hello all, my spouse is asking for a divorce, a shock to me but i suppose it happens, in the course of digging to see how bad I've been left financially I discovered my spouse has been drawing UI unemployment since it began despite their returning to work in late may. They've earned apox 5000$ with their job and collected apox 5700$ from state unemployment. I have bank statements proving this.
    Question is...how good of an ace in the hole is this information to me? I would think reporting them would only leave me liable for their debts as we will have to file jointly but separated this following year. I doubt they'll come lock them up for this. I just see the irs withholding any returns until the debt is paid. Which agian would fall back on me as I was the primary earner in our marriage and am the the one most likely to have steady taxable income.
    Your thought are appreciated
    Ok, I personally would leave it alone. You don't need to report him/her, the unemployment people will catch him/her eventually and he/she will have to pay the money back. You would just be poking a sleeping bear to do it now.

    It is a state issue rather than a federal one but its true that the state may ask the IRS to withhold his/her refund or your joint refund. Since you have started the divorce process now, you may not still be married on 12/31/2020 so the issue of a joint return may be moot. You can file married filing separately or married filing jointly and include an injured spouse form to avoid your share of the refund being seized.

    Quote Quoting Redbox77
    View Post
    Thank you for you reply, my spouse manages a small business and for all I know they'd be the person the forms are sent to.


    understood, but how is my spouse threatening "taking me for everything unless I do exactly as they wish" not the same...i understand taking the high road, but what if that high road leads to ruin. My experience in life has taught me that Karma is just revenge without the satisfaction

    And i suppose having evidence of her cheating would hold no weight in court either.
    What kind of business does she run? How do you know that she was making any profit during the pandemic? If she had receivables out there that could be the money that went into the bank account and not current earnings. If you report her for fraud and there wasn't actual fraud then that becomes very problematic for your divorce.

    Quote Quoting budwad
    View Post
    Violent crimes have nothing to do with EI fraud. And there will be a time when the wife is caught committing the fraud. It's not up to the states to decide if they will prosecute someone for making fraudulent claims under the CARES ACT. The ACT has specific guidelines that have to be followed to verify every claim. She has likely received the PUA federal payments ($600). So for at least 9 or 10 weeks she has filed a fraudulent claim each week she certifies for benefits.


    Unemployment Insurance was established by the federal Social Security Act in 1935. Much of the federal program is implemented through the Federal Unemployment Tax Act. Each state administers a separate unemployment insurance program, which must be approved by the Secretary of Labor, based on the federal standards. The CARES ACT made those standards stricter.

    Right now OP is a coconspirator. He knows of the crime and he will benefit from it.
    I disagree. The crime has ended because the federal subsidy of $600.00 a week has ended. It is no longer ongoing. He certainly did not benefit from the crime while it was happening because he didn't know about the money or that she was receiving it. He only recently found out. Therefore he is not a co-conspirator. A spouse is never required to report or testify against their spouse. Also, he does NOT know that a crime was committed because it has not been established that the money she received was not receivables that came in while she was unable to work to make a profit. You report money you earned when you earned it, not when you received it.

  9. #9
    Join Date
    Nov 2013
    Posts
    6,997

    Default Re: UI Fraud

    Quote Quoting llworking
    View Post
    I disagree. The crime has ended because the federal subsidy of $600.00 a week has ended. It is no longer ongoing. He certainly did not benefit from the crime while it was happening because he didn't know about the money or that she was receiving it. He only recently found out. Therefore he is not a co-conspirator. A spouse is never required to report or testify against their spouse. Also, he does NOT know that a crime was committed because it has not been established that the money she received was not receivables that came in while she was unable to work to make a profit. You report money you earned when you earned it, not when you received it.
    The crime has already taken place. His spouse will be caught when they get to her audit and she will have to repay what she received while working. She will be ineligible for EI benefits until the overpayment is repaid and then for another year.

  10. #10
    Join Date
    Jan 2011
    Posts
    370

    Default Re: UI Fraud

    Quote Quoting budwad
    View Post
    Violent crimes have nothing to do with EI fraud. And there will be a time when the wife is caught committing the fraud. It's not up to the states to decide if they will prosecute someone for making fraudulent claims under the CARES ACT. The ACT has specific guidelines that have to be followed to verify every claim. She has likely received the PUA federal payments ($600). So for at least 9 or 10 weeks she has filed a fraudulent claim each week she certifies for benefits.
    I never said the state wouldn't prosecute, only that the OP's STB-ex was unlikely to go to jail over it. The state would rather have her working and paying back that money.

    Quote Quoting llworking
    View Post
    What kind of business does she run? How do you know that she was making any profit during the pandemic? If she had receivables out there that could be the money that went into the bank account and not current earnings.
    I think you may have misread what the OP's STB-ex does. I think she's employed as a manager at a small business and makes a regular wage/salary. I don't think the small business is necessarily hers.

    Perhaps he should clarify his statement.

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