Child Support Application Fraud in Arizona

Before understanding what constitutes child support application fraud in Arizona, you must understand the basics of child support. Child support in Arizona refers to periodic payments made by one parent to another parent that are ordered by family courts.

The main purpose of child support is to ensure that both parents contribute financially to the well-being of their children. In Arizona, child support is defined as a financial obligation that one or both parents have to contribute to the upbringing and care of their child. Child support is ordered by a family court when a child’s biological parents are separating or going through the Arizona divorce process.

Child support includes providing for the child’s basic needs, such as food, clothing, housing, education, and medical care. In Arizona, when a family law court is initially calculating child support, the total amount of the child support will be based on various different factors.

Factors that may impact the total amount of child support include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved in the support case.

Specifically, child support in Arizona is calculated according to the Arizona Child Support Guidelines. Those guidelines use an income shares model, which considers the combined incomes of both parents, the number of children, and other factors such as healthcare and childcare expenses.

It is important to note that child support will not always be ordered in every custody case. For example, if both parents are able to agree to split custody of their child or children, there may not even be an initial child support order. This is because each parent will have the child fifty percent of the time and be liable for half of the child’s expenses during their possession periods.

Child support application fraud in Arizona refers to when an individual provides false information or intentionally misrepresents their financial situation to the court during the child support determination process.

It is important to note that child support application fraud can involve either parent, but it most often involves the non-custodial parent trying to avoid paying child support by underreporting income or by hiding their assets.

However, the custodial parent might overstate the non-custodial parent’s income as an attempt to influence the court to order more child support. They may also understate the income and resources they have.

All of the above acts would be considered child support fraud. It is important to note that all of these fraudulent actions can lead to serious legal consequences, including fines, potential jail time, and other legal penalties.

What Is the Penalty for Hiding Income for Child Support?

As mentioned above, there are serious legal consequences for hiding income for child support in Arizona. Specifically, if a person is found guilty of hiding income for child support, that means that they may be convicted of child support fraud.

Once again, hiding income to avoid paying child support is considered fraud and can result in serious penalties, which if found guilty of the offense, the offender may face penalties including:

• Payment of Back Child Support: The offending parent will be required to pay the overdue amount of child support
• Substantial Fines: The court may impose significant fines on the parent who committed the fraud
• Jail Time: In some cases, the parent may face jail time, especially if the court finds that the offense is severe
• Adjustment of Future Payments: The court will also recalculate future child support payments based on the actual income of the parent that attempted to hide their income

All of the above penalties are designed to ensure that child support obligations are both fair and accurate. It is important to note that the party found to have committed child support application fraud may also be subject to a civil lawsuit from the other parent. If successful, that parent is also allowed under Arizona law to collect attorney fees.

Specifically, according to Arizona Revised Statutes Section 25-324, the court can award reasonable attorney fees to the prevailing party. In doing so, the court will consider the financial resources of both parties and the reasonableness of their positions throughout the proceeding.

How Do I Report Child Support Fraud?

There are many different ways in which a person can report child support fraud in Arizona. In order to report child support fraud in Arizona, you can begin by contacting the Arizona Department of Economic Security (“DES”). DES may be contacted in the following ways:

• Online: You may visit the DES website and use their online form to report suspected fraud. You can find the form under the “Report Suspected Fraud” section
• Phone Reporting: You may also call the DES hotline at 602-542-9449 to report suspected fraud
• Email Reporting: You may also send an email detailing the suspected fraud to the appropriate department within DES

In addition to all of the above avenues for reporting fraud, you may also report child support fraud to the court that handled the original child support order. This is generally done by filing a private civil lawsuit.

In a child support enforcement lawsuit, you can seek back child support for the amount you should have been receiving. You may also seek that the original order be modified given the discovery of new financial information.

Can a Lawyer Help Me Resolve a Child Support Fraud Issue?

Yes, a lawyer can absolutely help you to resolve a child support fraud case. An experienced family law attorney will be able to guide you through the legal process. This includes helping you gather necessary evidence, and representing you in court if needed.

They can also provide you with legal advice on how to address the fraud and work to ensure that the correct child support amount is determined and enforced.

It is important to note that statute for child support fraud in Arizona is covered under Arizona Arizona Revised Statutes. Specifically, you can refer to ARS 25-503 for the law concerning enforcement of child support, and ARS 25-511 for the laws covering consequences of failing to pay child support. That statute includes information concerning fraudulent actions.

In order to modify the previous order based on fraud, you will likely have to seek a modification of the previous support order. The legal process for modifying child support in Arizona will involve several steps, including:

• Determine Eligibility: First, there must have been a significant change in circumstances, such as a change in income, job loss, or a change in the child’s needs, in order to initiate a modification
  • Importantly, child support application fraud is a significant change for purposes of obtaining a modification
• Complete Required Forms: You will then need to obtain and complete the necessary forms, such as the “Petition to Modify Child Support” and the “Child Support Worksheet”
• File the Petition: You then need to file the completed Petition to Modify with the court in the county where the child resides
• Serve the Other Parent: You must then legally serve the other parent with the petition to notify them of the request for modification
• Court Review: The court will review your petition and may schedule a hearing to assess the circumstances and changes presented
• Prepare for the Hearing: At this point in the lawsuit, you should gather and prepare evidence to support your case, including financial documents and any other relevant information
• Attend the Hearing: Both parties will then present their case before a judge, who will consider the evidence and arguments
• Court Decision: The judge will then make a decision on whether to modify the child support order based on the presented evidence and the best interests of the child
• Implement the New Order: Finally, if the modification is granted, the new child support order will be issued, and the new amount will take effect from the date specified by the court

A local attorney in Arizona will be most familiar with the civil procedures and filings necessary to initiate a modification for court-ordered child support.

Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?

If you are having any issues related to child support payments, such as discovering your child’s other parent was fraudulent in the application process, then it is in your best interests to consult an attorney immediately.

LegalMatch can assist you in locating and setting up a consultation with an experienced Arizona child support lawyer. An experienced lawyer will be able to help you determine your best course of legal action for addressing the child support application fraud, such as filing a lawsuit.

Additionally, they will also be able to recover their fees in a successful child support enforcement lawsuit based on child support fraud. This means that the other party may be liable for your attorney’s fees if you are successful in your lawsuit. Finally, an attorney can also represent you in court, as needed.