Child support application fraud may be committed by either parent of a child. Most cases, however, arise when a non-custodial parent is attempting to deceive the court so they do not have to pay child support.
Child support application fraud can occur if one parent or both parents give inaccurate or incomplete information for the purpose of influencing the court’s decision about whether it should order child support and the amount that should be ordered. Non-custodial parents can commit this type of fraud if they hide income sources, for example, from investments.
Custodial parents can also commit fraud if they overstate their child’s expenses or include expenses that are not actually for the child’s needs. This may occur when a custodial parent inflates the child’s alleged expenses to pay for personal items that are not used for the child.
Child support payments are made from one parent to the other based on a court order. Usually, these payments are made on a monthly basis from the non-custodial parent to the custodial parent.
These payments are intended to help the custodial parent financially, as each parent has a duty to provide for their children. A court will make decisions that affect children based on the child’s best interests standard, including child support payments.
Each state, including Illinois, has guidelines that govern child support payments. Usually, this includes a formula that is used for calculating child support to determine the amount that the parent will pay every month.
Child support guidelines help calculate the payment amount based on the parents’ custody arrangement and their financial situations. These payments are often ordered in cases of an Illinois divorce or legal separation.
It is not necessarily the case that child support in Illinois will be automatically ordered. In some cases, one of the parents may have to petition the court and request child support.
If a court receives a parent’s request for child support, it will review the parent’s financial information that is provided by the parents. That information will be used to determine what is in the child’s best interests as well as each parent’s ability to financially provide for their child.
In most cases, parents will be required to provide a certification that the information they provide is accurate. For more information on avoiding child support application fraud, it is important to consult with a local attorney in Illinois.
What Is the Penalty for Hiding Income for Child Support?
Hiding income in child support cases and child support application fraud is taken very seriously. State and local levels of child support enforcement agencies have resources to enforce child support orders.
These agencies may also be able to use public funds to provide for a child. This means that these agencies can be considerably aggressive when trying to recover child support.
These recovery efforts may cause the paying parent to face substantial consequences, which may include wage garnishment or seizure of personal property. When an individual faces a wage garnishment, it means that their employer is required to withhold a certain amount of their paycheck, which is then sent to the receiving parent.
How Do I Report Child Support Fraud?
Typically, reporting child support fraud begins when an individual contacts their state or local child support enforcement agency. The specific steps may vary by state, so it is important to consult with a local attorney.
Courts can take numerous different steps to enforce child support orders, including:
- Wage garnishment
- Revoking a driver’s or professional license
- Garnishment of the parent’s tax refund
- Placing a lien on property
- Denying or revoking a United States Passport when the parent owes more than $2,500
When a receiving parent is not getting their payments due to child support fraud, they should inform the family court that handles their case. They may be able to petition for a modification of their child support order based on new information about the financial situation of the paying parent.
Typically, modifying a child support order requires that proof is presented that the parent has had a material change in circumstances that affect their financial situation. This means showing that the ability of the paying parent to make payments or the ability of the receiving parent to provide for their child’s needs has been affected.
Examples of what is commonly considered a material change in circumstances include, but are not limited to:
- Temporary economic hardship, such as job loss
- The child experiences a medical emergency
- An employment change for a parent, such as a new job that increases or decreases their income
- Changes to the visitation schedule or with the custody arrangement
- There was a change in the child’s needs; for example, an increase in private school tuition, which leads to additional educational expenses
A court will review the changes in circumstances and how they may affect the current child support order. It is important for parents to be aware that they cannot make unilateral decisions to make large expenditures for the child and then attempt to make the other parent help them pay for it.
A common example of this occurrence is when one parent sends their child to private school instead of public school. Family courts will consider each of the issues on a case-by-case basis as well as determine whether the other parent will be required to pay a share of the new expense.
If a parent has any questions about a child support modification, whether they are the paying or receiving parent, they should consult an attorney.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
Child support fraud is, unfortunately, a fairly common occurrence. Having a lawyer will help make sure that the proper evidence is presented to the court, which will help children receive the financial support that they need.
Child support fraud issues or questions may be submitted on the LegalMatch website for free, and member lawyers who are ready to help will respond. Parents should be aware that they submit documents or affidavits to a court at any time under penalty of perjury.
In other words, if a parent provides false information, they may face legal consequences, which include time served in jail. When a parent is found guilty of child support fraud, they may be required to pay back the money they owe plus substantial fines and face possible jail time.
The court may change future child support payment amounts to reflect the actual income of the parent who reported their income fraudulently.
Should I Consult with an Attorney if I Have an Issue with Child Support Fraud?
You may have some issues, questions, or concerns related to child support fraud in Illinois. In that case, an Illinois child support lawyer can help, whether you are the paying parent or the receiving parent. Your lawyer can provide you with advice about how child support amounts are determined in Illinois and how child support application fraud will be handled.
If you believe your child’s other parent may be committing child support fraud, you should inform your attorney as soon as you can. Both you and the child’s other parent may have to submit updated verifications of your income sources. You will likely need to attend a hearing where your attorney will advise the court of your concerns and submit evidence that supports your claim.
If you are facing an accusation of child support fraud, you should have legal representation, as you may face severe consequences. Your lawyer will present legal defenses that are available to you based on your unique case. No matter whether you make or receive payments, your child support attorney will protect your rights and represent you in court.
