Child Support Application Fraud in North Carolina

Before understanding child support application fraud, you must understand the basics of child support in North Carolina. Generally speaking, child support in North Carolina is ordered by family courts.

The overall purpose of child support is to ensure that both parents contribute financially to the well-being of their children. Child support itself is a court-determined periodic payment that is ordered by a family court when a child’s biological parents are separating or going through the North Carolina divorce process.

Child support is meant to provide for a child’s basic needs, including food, clothing, education, and medical care. In North Carolina, when a family law court is initially calculating child support, the total amount of the child support will be based on various different factors.

Factors that may impact the total amount of child support include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved in the support case.

Specifically, child support in North Carolina is calculated according to Section 50-13.4 of the North Carolina General Statutes. This section requires the Conference of Chief District Judges to prescribe uniform statewide presumptive guidelines for determining the child support obligations of parents.

The statute also requires that the published guidelines be reviewed periodically, at least once every four years, in order to determine whether their application results in appropriate child support orders.

It is important to note that child support will not always be ordered in every custody case. For instance, if both parents agree to split custody of their child or children, there may not even be an initial child support order. This is because each parent will have the child fifty percent of the time and be liable for half of the child’s expenses.

Child support application fraud in North Carolina refers to when an individual provides false information during the child support application process. Child support application fraud can involve either parent, but it most often involves the non-custodial parent trying to avoid paying child support by underreporting income or by hiding their assets.

On the other hand, the custodial parent might overstate the non-custodial parent’s income to receive more child support. They may also understate the income and resources they have. All of these would be considered child support fraud. It is important to note that all of these fraudulent actions can lead to serious legal consequences, including fines, potential jail time, and other legal penalties.

What Is the Penalty for Hiding Income for Child Support?

As mentioned above, there are serious legal consequences for hiding income for child support in North Carolina. Specifically, if a person is found guilty of hiding income for child support, that means that they may be convicted of child support fraud. If found or convicted of child support fraud, the penalties may include:

• Back Child Support: The person found to have committed fraud will be required to pay any back child support owed
• Substantial Fines: They may also be fined for their fraudulent actions
• Jail Time: In some cases, they could also face jail time
• Future Adjustments: The court will adjust future child support payments based on the actual income that was hidden

All of the above penalties are designed to ensure that child support obligations are met fairly and accurately. Further, the party found to have committed child support application fraud may also be subject to a civil lawsuit from the other parent. If successful, that parent is also allowed under North Carolina law to collect attorney fees.

How Do I Report Child Support Fraud?

There are many different avenues in which a person can report child support fraud in North Carolina. For instance, a person may report child support fraud in North Carolina by:

• Contacting Child Support Services: You may call the CSS Customer Service Center at 1-800-992-9457 for all questions related to child support fraud
• Submitting an Anonymous Tip: You can submit an anonymous tip online or via phone by calling the Anonymous Tip Line at 1-855-449-8741
• Contacting the North Carolina Department of Justice: You may also file a complaint via the Department of Justice’s online form or call their consumer assistance line at 919-716-6000

In addition to all of the above state methods, you may also report child support fraud to the court that handled the original child support order by filing a private civil lawsuit. For instance, in a child support enforcement lawsuit, you can seek back child support for the amount you should have been receiving, as well as seek that the original order be modified given the discovery of new information.

Can a Lawyer Help Me Resolve a Child Support Fraud Issue?

In short, yes, a lawyer can help to resolve a child support fraud case. An experienced family law attorney can guide you through the legal process, help you gather necessary evidence, and represent you in court if needed. They can also provide advice on how to address the fraud and work to ensure that the correct child support amount is determined and enforced.

It is important to note that statute for child support fraud in North Carolina is covered under North Carolina General Statutes Section 50-13.6. That statute addresses the consequences of failing to provide adequate support and the potential for the court to order payment of reasonable attorney’s fees if a frivolous action is initiated.

Once again, in order to modify the previous order based on fraud, you will likely have to seek a modification of the previous support order. The legal process for modifying child support in North Carolina will involve several steps:

• File a Motion: The party seeking the modification must file a motion with the court that issued the original child support order
• Show Changed Circumstances: The parent seeking the modification must then demonstrate a substantial change in circumstances since the last order was issued, such as demonstrating there was fraud in the application process
• Serve the Other Parent: The motion for modification must be served to the other parent, giving them notice of the request for modification
• Hearing: A hearing will then be scheduled where both parents can present evidence supporting their positions
• Court Ruling: The court and judge will then review the evidence and make a decision based on the best interests of the child and the evidence of changed circumstances that was presented

A local attorney in North Carolina will be most familiar with the civil procedures and filings necessary to initiate a modification for court-ordered child support.

Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?

If you are having any issues related to child support payments, such as discovering that the other parent was fraudulent in the application process, then it is in your best interests to consult an attorney.

LegalMatch can assist you in locating and setting up a consultation with an experienced North Carolina child support lawyer. An experienced lawyer will be able to help you determine your best course of legal action for addressing the child support application fraud.

Additionally, an attorney will also be able to recover their fees in a successful child support enforcement lawsuit based on child support fraud. This means that the other party will be liable for your attorney’s fees if you are successful in your lawsuit. Finally, an attorney can also file for a modification of the prior support order and represent you in court, as needed.