Child support application fraud in South Carolina commonly occurs when a parent who is ordered to make child support payments tries to deceive a court in order to avoid paying. Either of a child’s parents may commit child support fraud if they give incomplete or inaccurate information to a court as an attempt to influence the court’s decision about their payment amount.
Individuals who are ordered to make child support payments commit fraud when they try to hide any of their income in any form. The parent who receives the child support payments also commits fraud when they exaggerate expenses that are for their child or try to classify their personal costs as being child-related.
In most situations where a party is ordered to pay child support, it is the non-custodial parent who makes the payments on a monthly basis to the custodial parent. Child support payments are meant to provide financial help for the custodial parent while also helping to fulfill the non-custodial parent’s obligation to help raise their child.
In all cases that involve children, including child support cases, courts in South Carolina will adhere to the child’s best interests standard. In addition, the State of South Carolina provides guidelines that parties can use to calculate their child support payments.
South Carolina child support guidelines provide a formula to calculate the amount that a parent will have to pay. The amount will be based on the financial information that is provided by both parents in addition to the custody arrangement.
When a couple is going through a South Carolina divorce or legal separation, the court may require one parent to make child support payments. It is important to note that child support in South Carolina is not ordered automatically in all cases.
When the court receives a request for child support payments, it reviews the financial information provided by both parents. This information is used to determine the ability of each parent to financially provide for their child as well as what arrangement will be in their best interests.
When providing information to the court, a parent is often required to certify that it is accurate information. Documents and information are usually submitted to the court under penalty of perjury.
This means that if an individual provides the court with misleading, false, or purposefully inaccurate information, they can face legal consequences, which include jail time. To find out more about child support fraud in South Carolina, it is important to consult with a local attorney in South Carolina.
What Is the Penalty for Hiding Income for Child Support?
When a parent tries to or is successful at hiding income, the court will consider it a serious matter. All states have local and state child support enforcement agencies with resources they can access to in order to enforce a child support order.
These agencies can request that a court use legal methods to get child support payments, for example, garnishing wages and seizing property of the paying parent.
Other ways child support orders can be enforced include:
- Garnishment of a tax refund
- Ordering the payment of retroactive child support
- Wage garnishment
- Criminal fines
- Jail time
- Criminal charges
- Denying or revoking a U.S. Passport if a parent owes more than $2,500
- Placing a lien on property
- Revoking a driver’s or professional license
If a parent believes the child’s other parent is committing child support fraud, they may be able to request their financial documents through the court. These documents can be examined by professionals, such as a forensic accountant, to determine if fraud occurred.
It is important for parents to be aware that if they do make a mistake by accident, they should inform their attorney as soon as they can. Their lawyer will inform the court and submit the proper information, and they will not face punishment.
How Do I Report Child Support Fraud?
Child support fraud can be reported by notifying the court or a local or state child support agency. When a custodial parent does not receive their child support payments due to fraud, they can request a modification of their current order based on the correct financial information.
Child support fraud can also occur when a party requests a modification of a child support order. To obtain a modification, the parent will need to show there was a substantial and material change in their circumstances that affects their financial situation.
They can also show that the needs of the child have changed since the original order. Substantial and material changes in circumstances can occur in many different ways, including, but not limited to:
- The child has a medical emergency
- Changes to the visitation schedule or the custody arrangement
- An economic hardship that is temporary, such as a job loss
- A change in employment, such as a new job that causes an increase or decrease in income
- The child’s needs changing, for example, if private school tuition is increased
Child support fraud during a modification request process can be reported in the same manner as discussed above. If an individual has any type of question or concern related to child support fraud, they should consult an attorney in their area.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
Yes, a lawyer can help an individual resolve their child support fraud issue. A lawyer can also help the parties avoid fraud issues to begin with, as they can ensure that all of the submitted financial documents are complete and accurate.
Having an attorney can help a parent ensure they submit the correct information to the court in a timely manner and avoid accidentally submitting information that is inaccurate and facing any consequences. During stressful times and situations when parents are busy with their work and personal lives, a lawyer will help ease the stress associated with a legal issue.
When someone has any type of concern about child support fraud, they can use LegalMatch to find the legal help they need.
Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?
If you are concerned that your child’s other parent may be committing child support fraud in South Carolina, it is important to consult with a South Carolina child support lawyer. You should try to find a lawyer as soon as you are aware of the issue.
You may be required to attend a hearing on the child support fraud issue. It is likely you will be required to submit new or updated financial information as well.
Your attorney will present your concerns to the court and represent you during any hearing. Whether you are the paying parent or the receiving parent, your lawyer will help you properly submit your financial information and provide you with advice on how the court may handle a fraud issue.
You can use LegalMatch’s free attorney matching service to find a child support lawyer near you who can help you with a fraud issue. Simply submit your concern online in around 15 minutes.
Once you have submitted your concerns, you will receive responses from member attorneys in around 24 hours who are able to help you resolve your legal issue. The responses you receive will include information about the lawyer’s fee arrangements, background, and client reviews.
Jose Rivera
Managing Editor
Editor
Last Updated: Dec 5, 2024