Child support application fraud usually occurs in Indiana when the parent who is required to make child support payments tries to deceive the court to avoid this obligation. However, either parent can commit this type of fraud if they provide inaccurate or incomplete information with an intent to influence the decision of a court regarding the appropriate child support amount.
A parent who pays child support commits this fraud when they attempt to hide any type of income, including from investments. A parent who receives child support commits this fraud if they exaggerate their child-related expenses or include costs that are not for the child, such as personal items or needs of the parent.
Most cases require that the paying parent, or non-custodial parent, make the child support payments monthly to the receiving parent or custodial parent. This money is meant to provide the receiving parent with financial assistance as well as to fulfill the paying parent’s obligation to help raise their child.
When a child is involved in a case, including child support cases, courts in Indiana use the child’s best interests standard to make decisions. Indiana has state guidelines for child support payments.
These guidelines include a formula that is used when calculating child support and determining the amount that the paying parent will be required to pay. These guidelines will be used to determine the amount that will be paid based upon the financial situations of the parents as well as their custody arrangement.
If a child’s parents are going through a legal separation or an Indiana divorce, the court may order child support to be paid. It is important for parents to be aware that child support in Indiana may not be automatically ordered.
If the court gets a request for child support, it will review the financial information that both of the parents provide. This will be used to evaluate the ability of the parents to provide financially for the child as well as what is in the child’s best interests.
Typically, both parents will need to submit a certification to the court that the financial information they provided was accurate. When documents and affidavits are submitted to the court, they are submitted under penalty of perjury.
This means that when a parent provides false information to the court, they may face legal consequences, which can include jail time. For more information on child support fraud in Indiana, an individual should reach out to a local attorney in Indiana.
What Is the Penalty for Hiding Income for Child Support?
If an individual tries to or succeeds at hiding their income, the court will take it very seriously. There are state and local level child support enforcement agencies that have resources available to enforce child support orders.
These agencies can request courts order methods for obtaining payments, such as seizure of the paying parent’s personal property or a wage garnishment. There are also other methods available to enforce child support orders, such as:
- Jail time
- Criminal charges
- Garnishment of a tax refund
- Wage garnishment
- Revoking a driver’s or professional license
- Placing a lien on property
- Criminal fines
- Ordering back child support or retroactive child support
- Denying or revoking a U.S. Passport if a parent owes more than $2,500
In the majority of cases, when a parent accidentally omits income, they can notify the court and fix their omission without facing penalties.
How Do I Report Child Support Fraud?
An individual can report child support fraud by contacting a state or local child support agency or by reporting the fraud to the court. If a custodial parent is not getting their payments because of fraud, they can ask for a modification of the order based upon the new information.
When modifying a child support order, the parent will likely have to show that there was a material change in circumstances that affects their financial situation or that the needs of their child have changed. There are many different examples of material changes in circumstances, such as:
- An employment change, for example, a new job with an increase or decrease in income
- Temporary economic hardship, for example, losing a job
- Changes to the visitation schedule or the custody arrangement
- The child has a medical emergency
- A change in the needs of the child, for example, an increase in private school tuition
A parent should note that they are not allowed to make a large financial decision on their own and try to get the other parent to pay for it. This may include things such as choosing to send the child to an expensive private school.
It is important for a parent, whether they pay or receive child support, to consult an attorney if they have questions or concerns about their child support obligation.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
Child support fraud is more of a common occurrence than most individuals would expect. This is one reason why it is helpful to have an attorney who can make sure that all financial documents are complete, accurate, and properly submitted to the court.
This will help ensure that the parent who submits their information does not mistakenly submit incorrect or inaccurate information and face negative legal consequences. When a parent has a lawyer, it will also ensure that evidence is presented that will allow the court to make a determination that provides the financial support the child deserves.
Questions about child support fraud can be submitted for free on the LegalMatch website. Member lawyers will send responses, even if a parent is only asking them for advice on how to handle the situation or the next steps.
Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?
When you have any concerns or questions about your child support order, including fraud, it is very important to reach out to an Indiana child support lawyer. Whether you are the parent making payments or the parent receiving payments, your attorney can calculate the proper child support amount, as well as give you advice on how the court may handle child support fraud.
If you have concerns that the other parent has committed or is committing child support fraud, it is important to tell your attorney as soon as you can. You will both likely be required to submit new financial forms to the court.
It may also be necessary to go to a hearing. Your lawyer will attend this hearing with you, share your concerns, and present evidence to the court on your behalf. Whether you are the parent who pays or receives child support, your child support fraud lawyer will represent you when you go to court and make sure your rights are protected.
You can find a child support attorney near you for free using LegalMatch’s lawyer matching services. All you need to do is submit your concern on the website, which takes around 15 minutes.
Then, you will get responses from member lawyers who are pre-screened and licensed in about 24 hours who can help you with your child support issue. These attorney responses will include information on their fees, background, and client reviews, which can help you choose the best fit for your case and needs.
