In Minnesota, both parents of a child are legally obligated to provide financial support to ensure their child’s well-being. However, parents might not be married. Or they may be in the process of getting a legal separation or a Minnesota divorce.
In that case, the exact amount of support that each parent should contribute is determined when a court issues a formal child support order. In Minnesota, a court decides whether one parent should pay child support to the other. It also decides on the amount of child support that should be paid according to the child’s best interests standard and the state’s child support guidelines.
Of course, parents are always able to negotiate child support between themselves. A court would accept their agreement as long as the court finds that it serves the best interests of the child.
A court may order a parent to pay child support in Minnesota, and the parent may fail to pay as required. If this is the case, they may experience serious consequences that may have a significant effect on their financial stability and legal status.
Child support application fraud is committed by a parent when they try to deceive a court and the other spouse in connection with a child support determination. The non-custodial parent may want to avoid paying child support or lessen the amount of support they have to pay. The custodial parent who receives child support payments may inflate expenses in order to increase the amount of support they receive. Or they may report their own income as lower than it really is in order to increase the amount the other spouse must pay.
For example, in the course of a divorce or legal separation, one or both parents might provide incomplete or inaccurate information about their income and assets. They may do this intentionally in order to influence the court’s calculation of child support and the amount they are ordered to pay.
The non-custodial parent may accomplish this by hiding some sources of income, such as income from investments, or by failing to report income earned from a trade, profession, or business accurately and honestly. A parent may try to get paid in cash so that there is no record of their income.
What Is the Penalty for Hiding Income for Child Support?
In the course of a divorce or legal separation, one or both parents might provide incomplete or inaccurate information about their income and assets. They do this in order to influence the court’s calculation of child support and the amount they are ordered to pay.
The non-custodial parent may accomplish this by hiding additional sources of income, such as income from investments, or by failing to report income earned from a trade, profession, or business accurately and honestly.
Also, an intentional failure to pay court-ordered child support could possibly lead to the non-paying parent being charged with a criminal offense, either failure to support a minor child or desertion of a minor child. These offenses are only rarely charged in reality, but the threat of a charge is used to spur the non-paying parent to pay as ordered.
In addition, a court may find a non-paying parent in contempt of court, which can lead to jail time. Perjury, which is the crime of lying under oath, is also a criminal offense, so lying in court about one’s financial situation could lead to a perjury charge.
How Do I Report Child Support Fraud?
If the child support fraud consists of not paying the support they have been ordered to pay, the custodial parent would turn to the Child Support Office (CSO) of the Minnesota Department of Human Services. A parent who does not receive the child support payments that they are owed can turn to the CSO for help.
Ultimately, the CSO or a court that works with this office may take steps to enforce the child support order. Some of the ways in which a court might demand payment include, but may not be limited to:
- Wage garnishment: The non-paying parent’s employer may be required to withhold a certain amount from the non-paying parent’s paycheck. The amount withheld is then forwarded to the receiving parent.
- The non-paying parent’s tax refund may be garnished, i.e., taken to fulfill the parent’s child support obligation.
- A court may place a lien on the non-paying parent’s personal or real property.
- A non-paying parent’s driver’s license may be suspended.
- A non-paying parent’s professional license may be suspended.
- A non-paying parent’s U.S. passport may be denied or even revoked if the parent owes more than $2,500.
Additionally, the parent who is harmed by the other parent’s child support fraud should contact the Minnesota court that handles their case. They would want to petition the court for modification of their child support order. Their goal would be for the court to determine child support based on honest and accurate information about the child’s financial needs and the paying parent’s resources.
This is a situation in which a local attorney in Minnesota would be able to help by using certain legal strategies to address and minimize the possibility of fraud.
Generally, modifying a child support order requires proof that circumstances have changed for one or both of the parents or the child, and the change justifies changing the amount of child support. This change in circumstances must be so great that the non-custodial parent’s ability to pay has been affected.
Or the needs of the child may have changed in some significant way, meaning that support should increase or decrease. Some common examples of applicable change in circumstances include the following:
- An employment change for either parent, such as a new job, that either increases or decreases their income
- Changes regarding the custody arrangement or visitation schedule
- Temporary economic hardship, such as losing a job involuntarily
- A child’s medical emergency
- A significant change in the other needs of the child, such as increased private school tuition, leading to additional educational expenses.
A court would consider a change in circumstances and how those changes affect the child support order. However, the custodial parent should not decide unilaterally to take on a large expense for the child and then force the other parent to help pay for it. A parent would be well advised to go to court first for approval of any new expenditure.
An example of this would be the decision to send the child to a private school instead of a public school. Family courts will consider what serves the child’s best interest in each situation on a case-by-case basis and determine for what share, if any, of a new expense each parent is responsible.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
If anyone has a problem with child support fraud, whether they are the parent who pays support or the one who receives it, they may want to consult an experienced, local Minnesota child support lawyer. As noted above, a lawyer who is experienced in child support disputes would be familiar with methods for countering efforts to commit fraud.
For example, an experienced child support attorney would know that certain documents are likely to be more reliable sources of information about a parent’s financial situation than others. They would know how to gain access to the most reliable sources of information.
Additionally, if someone is accused of child support fraud, they can consult an attorney who can help them determine whether any legal defenses are available to them based on the facts of their case.
Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?
If you have an issue with child support fraud, either as the paying or the non-paying parent, you want to consult an experienced local Minnesota child support lawyer. LegalMatch.com can quickly connect you with an experienced child support lawyer who can help you respond to possible allegations of fraud in your case.
If you believe your child’s other parent may be committing child support fraud, you should talk to your lawyer as soon as possible so you can get the support you have a right to receive.
