A parent typically commits child support application fraud when they are required to make child support payments, and they attempt to deceive a court in order to avoid their obligation. This type of fraud can be committed by both parents if either party provides incomplete or inaccurate information with the intent to influence a court’s decision about ordering child support and the amount that is appropriate.
Paying parents commit this type of fraud if they try to hide any form of income, such as from investments. Receiving parents commit this form of fraud when they exaggerate expenses related to the child or try to include expenses that are not for the child, such as for the parent’s personal needs or items.
In the majority of situations, payments for child support are made on a monthly basis from a child’s non-custodial parent to their custodial parent. These payments are intended to provide the custodial parent financial assistance in addition to fulfilling the non-custodial parent’s obligation to help raise their child.
A New Jersey court will make decisions on cases that involve children using the child’s best interests standard. This includes issues with child support payments. Similar to all other states, New Jersey provides guidelines for child support payments.
Typically, these guidelines include a formula to be used when calculating child support to determine the amount that the non-custodial parent will have to pay. The guidelines help determine the payment amount based upon the financial situations of the parties and their custody arrangement.
Child support may be ordered when parents are going through a legal separation or New Jersey divorce. It is important to be aware that child support in New Jersey may not be automatically ordered by the court.
When a court receives a request for child support, it reviews the financial information provided by both parents. This information is used to evaluate what is in the child’s best interests as well as both parents’ ability to provide for their child financially.
In most cases, parents will be required to provide the court with a certification that the financial information they provided was accurate. It is important to be aware that documents and affidavits submitted to the court, including financial documents, are done under penalty of perjury.
This means that if a parent provides false information to a court, they can face legal consequences, including jail time. To find out more about child support fraud in New Jersey, it is important to consult with a local attorney in New Jersey.
What Is the Penalty for Hiding Income for Child Support?
When a child’s parent attempts to or succeeds at hiding income, it is taken very seriously by the courts. There are child support enforcement agencies at both the local and state levels with resources to enforce child support orders.
These agencies may request legal consequences such as wage garnishment or seizure of the paying parent’s personal property. The court may also use one of several methods to enforce a child support order, including:
- Garnishment of a tax refund
- Placing a lien on property
- Jail time
- Criminal charges
- Criminal fines
- Ordering back child support or retroactive child support
- Wage garnishment
- Revoking a driver’s or professional license
- Denying or revoking a U.S. Passport if a parent owes more than $2,500
It is important to note that, in most cases, if an individual has accidentally omitted income, they will be permitted to notify the court and fix their omission without penalty.
How Do I Report Child Support Fraud?
Child support fraud can be reported by contacting a local or state child support agency or reporting the issue to the court handling the case. If the custodial parent is not receiving the proper payments because of fraud, they may request a modification of the order based upon new and correct financial information.
Modifying a child support order will likely require the parent to provide proof of a material change in circumstances that affects their financial situation or the changing needs of the child. Examples of material changes in circumstances may include, but are not limited to:
- Changes to the visitation schedule or with the custody arrangement
- The child has a medical emergency
- An employment change, such as a new job that increases or decreases their income
- Temporary economic hardship, such as a job loss
- A change in the child’s needs, such as an increase in private school tuition
Parents should be aware that they cannot, on their own, make a large financial decision and then attempt to have the other parent help pay for it. For example, sending the child to an expensive private school.
Whether a parent is the paying or receiving party in a child support case, it is important to consult an attorney any time they have questions or concerns about their child support obligations.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
Unfortunately, child support fraud occurs more commonly than would be expected. Having a lawyer will help ensure that financial documents are accurate, complete, properly reviewed, and submitted to the court.
This will help ensure that the parent submitting the information does not inadvertently submit inaccurate or incorrect information and face legal consequences. Having an attorney will also help ensure that proper evidence is presented that allows the court to make a decision that provides the child with the financial support that they deserve.
Any questions about child support fraud can be submitted to LegalMatch for free. Member attorneys nearby who are ready to assist will respond to the submission, even if it is only a request for advice.
Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?
If you have any questions or concerns related to your child support order, including application fraud, it is essential to consult with a New Jersey child support lawyer. Whether you are the paying or receiving parent, your lawyer will help you determine the proper child support amount and provide advice on how fraud may be handled by the court.
If you are concerned that your child’s other parent is committing or has committed child support fraud, you should inform your lawyer as soon as you can. Both of you may have to submit updated financial information to the court.
You may also need to attend a hearing where your attorney will represent you and present your concerns to the court along with supporting evidence. No matter whether you receive or pay child support, your child support fraud lawyer will protect your rights and represent you whenever you appear in court.
LegalMatch can help you find a child support lawyer near you at no cost using its lawyer matching service. Simply submit your question, concern, or issue on the website in just a few minutes, and within around 24 hours, you will receive responses from licensed member lawyers near you who can help resolve your concern.
Lawyer responses will include their background, fee information, and client reviews. This will help you choose a child support attorney who fits your budget and your unique needs. Using LegalMatch helps ensure that your child receives the financial support they need to thrive.
