Child support application fraud often occurs when the parent who is required to make child support payments tries to deceive the court in order to avoid paying child support. However, it can be committed by both parents of a child.
This type of fraud can arise when one or both of a child’s parents provide incomplete or inaccurate information in order to influence a court’s decision regarding whether or not it should order child support as well as the amount. A non-custodial parent may commit fraud when they hide any type of income source, such as an investment.
The parent who receives child support also commits fraud if they exaggerate their child’s expenses or if they include expenses for things that are not for the child. This can happen when the receiving parent inflates their alleged expenses so they can pay for personal items that are not used for their child.
In most cases, child support payments are made monthly from the non-custodial parent to the custodial parent. This is meant to provide financial assistance to the custodial parent while fulfilling the non-custodial parent’s obligation to their child.
Courts made decisions involving children based on the child’s best interests standard, including issues surrounding child support payments. Ohio, similar to all other states, provides guidelines for child support payments.
This usually includes a formula that should be used when calculating child support and determining the amount that the parent will be required to pay. These guidelines assist with calculating the payment amount based on the parent’s financial situation and their custody arrangement.
Child support is often ordered when parties are involved in an Ohio divorce or legal separation. Child support in Ohio may not be automatically ordered by a court.
When the court receives a parent’s request for child support, it will conduct a review of the financial information that is provided by the child’s parents. Their financial information will be used to evaluate what is in the child’s best interests in addition to the parents’ ability to provide for the child.
In the majority of situations, both parents will have to provide a certification to the court that the financial information they provide is accurate.
If a court receives a parent’s request for child support, it will review the parent’s financial information that is provided by the parents. That information will be used to determine what is in the child’s best interests as well as each parent’s ability to financially provide for their child.
For more information on how to avoid child support fraud, either committing or ensuring the other party is not doing so, it is essential to consult with a local attorney in Ohio.
What Is the Penalty for Hiding Income for Child Support?
If a parent tries to or succeeds in hiding income in a child support case, committing child support application fraud, it is taken very seriously. There are both local and state levels of child support enforcement agencies that have resources to enforce child support orders.
These enforcement agencies can use public funds in order to provide for the child involved in the case. The recovery efforts made by these types of agencies can cause the parent who has to make payments to face legal consequences, such as wage garnishment or seizure of personal property.
How Do I Report Child Support Fraud?
Reporting child support fraud will often start when a parent reaches out to their local or state child support agency. The specific requirements may vary by state, so it is important to consult with an Ohio attorney.
A court can use one of several methods to enforce a child support order, such as:
- Garnishment of a tax refund
- Placing a lien on property
- Wage garnishment
- Revoking a driver’s or professional license
- Denying or revoking a U.S. Passport if a parent owes more than $2,500
Then the parent who is supposed to receive child support does not receive proper payments due to child support fraud, they should notify the family court handling the case. It may be possible to petition for a modification of the child support order based on new information about the paying parent’s financial situation.
When a receiving parent is not getting their payments due to child support fraud, they should inform the family court that handles their case. They may be able to petition for a modification of their child support order based on new information about the financial situation of the non-paying parent.
In most situations, modifying a child support order will require proof that there has been a material change in circumstances that affects their financial situation. This means providing evidence that the paying parent’s ability to make their payments or the receiving parent’s ability to provide for the child’s needs has changed.
Situations that are often considered to be a material change in circumstances may include, but are not limited to:
- An employment change, for example, a new job that increases or decreases their income
- Temporary economic hardship, for example, a job loss
- Changes to the visitation schedule or with the custody arrangement
- The child has a medical emergency
- A change in the child’s needs, such as an increase in private school tuition
The court will review the evidence submitted regarding the changes and how they might affect the child support order. Parents should know that they are not allowed to make a decision on their own to spend a large amount of money for the child and then try to make the other parent help them pay for it.
This commonly occurs when one of the parents sends the child to an expensive private school. A family court will consider these types of issues in each unique case to determine if the other parent will have to pay any portion of the new expense.
Whether an individual is the paying or receiving parent in a child support case, and they have any questions about their payments or obtaining a modification, they should consult an attorney.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
It is unfortunate, but child support fraud can be a common occurrence. When an individual has an attorney, it will help ensure that the necessary evidence is presented so the court can make a decision that allows the child to receive the financial support that they deserve.
If an individual has any questions or issues about child support fraud, they can submit them to LegalMatch for free. Member attorneys in the area who are ready to assist will respond to the submission.
Parents should know that when they submit affidavits and documents to the court, including financial documents, they are doing so under penalty of perjury. This means that if they provide false information to the court, they can face legal consequences, including time in jail.
If a parent is found guilty of child support fraud, they can be ordered to pay the money they owe in addition to substantial fines. The court may also update the child support order to reflect the actual income of the parent who fraudulently reported their financial information.
Should I Consult with an Attorney if I Have an Issue with Child Support Fraud?
If you have any concerns related to your child support order or believe child support application fraud may have occurred, it is important to reach out to an Ohio child support lawyer, whether you are the paying parent or the receiving parent. Your attorney will advise you on how the child support amount is determined in Ohio and how fraud will be handled by the court.
If you think the other parent has committed child support fraud, it is important that you let your lawyer know as soon as possible. You and the child’s other parent may be required to submit updated information about your financial situation.
It may also be necessary for you to attend a hearing where your lawyer will inform the court about your concerns as well as submit evidence supporting your claim. Whether you make or receive child support payments, your child support fraud lawyer will protect your rights as well as represent you in court.
