In Missouri, child support application fraud commonly arises when a parent who is ordered to pay child support tries to trick the court in order to avoid their payment obligation. Either of a child’s parents, however, can commit fraud if they give incomplete or inaccurate information to the court in order to influence its decision about the appropriate child support amount.
Parents who pay child support engage in fraud if they try to hide any form of income, including income from investments. Parents who receive child support commit fraud when they overstate their child-related expenses or try to include costs that are not for the child, for example, needs of or personal items for the parent.
In most child support cases, the non-custodial parent will be the parent who makes child support payments monthly to the custodial parent or receiving parent. These funds are meant to provide financial assistance to the receiving parent in addition to fulfilling the obligation of the paying parent to assist in raising their child.
In child support cases, as with any other case involving a child, a court in Missouri will use the child’s best interests standard when making decisions. The State of Missouri provides guidelines for child support payments.
The child support guidelines provide a formula that should be used when calculating child support and determining the amount that a parent will have to pay. The payment amount will be based on the financial situations of both parents and the custody arrangement for the child.
When parents are going through a legal separation or Missouri divorce, a court may require a parent to pay child support. Parents should know that child support in Missouri may not automatically be ordered.
When a court receives a request for child support, it reviews the financial information provided by both of the parents. This information is used to evaluate the ability of both of the parents to financially provide for the child in addition to what arrangement will be in the child’s best interests.
In most cases, both parents will be required to certify to the court that the financial information they provided was accurate. When affidavits and documents are submitted to a court, it is done so under penalty of perjury.
Penalty of perjury means that if an individual gives false information to the court, they can face legal consequences, including jail time. To find out more information on Missouri child support fraud, an individual can contact a local attorney in Missouri.
What Is the Penalty for Hiding Income for Child Support?
When someone attempts to or succeeds at hiding income, the court will take the issue very seriously. There are child support enforcement agencies at both the state and local levels with resources they can use to enforce child support orders.
These enforcement agencies can request that courts use certain methods to obtain payments, including a wage garnishment or seizure of the paying parent’s property. Additional methods that can be used to enforce child support orders include:
- Jail time
- Criminal charges
- Criminal fines
- Ordering retroactive child support or back child support be paid
- Denying or revoking a U.S. Passport if a parent owes more than $2,500
- Garnishment of a tax refund
- Wage garnishment
- Revoking a driver’s or professional license
- Placing a lien on property
In most situations, if a parent accidentally omits their income, they should be able to inform the court and fix the omission without penalty.
How Do I Report Child Support Fraud?
Child support can be reported by informing a local or state child support agency or reporting the fraud to the court. When a custodial parent is not receiving their payments due to fraud, they can request a modification of their order based on the new financial information.
When requesting a modification of a child support order, the individual will likely be required to show that there was a material change in circumstances that affects their financial situation or that their child’s needs have changed. There are numerous different examples of what can be considered material changes in circumstances, including:
- Changes to the visitation schedule or the custody arrangement
- The child has a medical emergency
- An employment change, for example, a new job with an increase or decrease in income
- A temporary economic hardship, such as losing a job
- A change in the needs of the child, for example, an increase in private school tuition
Parents should be aware that they cannot make any large financial choices by themselves and attempt to make the other parent pay for it. This can include things like sending their child to an expensive private school.
Any parent, whether they are the paying or receiving parent, should consult an attorney when they have questions or concerns about their child support obligations.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
Child support fraud issues come up more commonly than expected. This is one of the many reasons why it is helpful to have a lawyer’s help, as they can ensure that every financial document is accurate, complete, and properly submitted to the court.
This helps make sure that parents who give their information to a court do not submit inaccurate or incorrect information on accident and face negative consequences. If a parent has an attorney representing them, it will also help ensure that evidence is presented to the court that will allow them to make a determination that provides the financial support their child needs.
Any questions an individual has about child support fraud can be submitted on the LegalMatch website at no cost.
Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?
If you have any questions or concerns about your child support order or child support fraud, it is important to reach out to a Missouri child support lawyer. Whether you are the parent who pays child support or the parent who receives it, your lawyer will be able to help you calculate the proper amount as well as provide you with advice on how the court may handle your fraud issue.
If you think your child’s other parent is committing or has committed child support fraud, you should inform your lawyer as soon as possible. It is likely that you will also have to submit new or updated financial forms to the court.
You may also have to attend a hearing. Your attorney will be there with you, share your concerns with the court, and present any necessary evidence. No matter whether you pay or receive support, your lawyer will represent you in court and ensure your rights are protected.
It is easy and free to find child support lawyers in your area using LegalMatch’s lawyer matching services. Just submit your concern or question on the website, which usually takes about 15 minutes.
When you do, you will receive responses from member attorneys in around 24 hours who will be able to assist you with your child support concern. The responses from licensed and pre-screened lawyers will also have information about their background, fees, and reviews from previous clients. All of this information can help you find the lawyer who best fits your needs and budget.
Jose Rivera, J.D.
Managing Editor
Editor
Last Updated: Nov 22, 2024