Either parent may commit child support application fraud. However, the majority of cases involve a non-custodial parent trying to deceive a court to avoid paying child support.
One example of child support application fraud is when one or both parents provide incomplete or inaccurate information with the intent to influence a court’s decision about whether child support should be ordered and what amount should be ordered. A non-custodial parent may commit fraud by hiding income sources, such as income from their investments.
In the alternative, a custodial parent may commit fraud by overstating a child’s expenses or including expenses that are not actually associated with the needs of the child. This can be done when the custodial parent inflates the expenses related to the child in order to pay for personal items that are not used for the child or the child’s well-being.
Child support is court-ordered payments that are made from one child’s parent to the other. Typically, it is made in monthly payments from a non-custodial parent to a custodial parent.
These payments are meant to give financial assistance to a custodial parent because each of a child’s parents has a duty to provide for their child. Courts will make any decision involving children based on the child’s best interests standard, including child support arrangements.
Every state has its own laws and guidelines governing child support payments. This often includes a formula for calculating child support to determine the amount that an individual will be ordered to pay each month.
These guidelines calculate the amount of support based on the custody arrangement as well as the income and finances of each of the parents. Child support payments may be ordered in cases of a Texas divorce or legal separation.
Child support in Texas will not necessarily be ordered automatically. In certain situations, the parent may be required to petition the court and request child support be ordered.
When a court receives a request for child support, it will evaluate the financial information provided by the parents. The court will use that information to determine what is in the child’s best interests and the ability of each parent to provide financially for the child.
The court will typically require some form of certification from the parents that asserts the accuracy of the information they provide. For more information on child support payments and avoiding fraud, an individual should consult with a local attorney in Texas.
What Is the Penalty for Hiding Income for Child Support?
The non-payment of child support, including child support fraud, is an issue that is taken very seriously. There are child support enforcement agencies at the state level and local levels that have resources to enforce child support orders.
These agencies may also use public funds to provide for the child. This allows recovery efforts of child support by government agencies to be considerably aggressive.
These efforts can result in substantial consequences for the party responsible for making child support payments, such as seizure of personal property and wage garnishment. With a wage garnishment, an individual’s employer has to withhold a specific amount from their paycheck which is forwarded to the receiving parent.
How Do I Report Child Support Fraud?
The steps that an individual will follow to report child support fraud will vary depending on the state. In general, the process starts with contacting the local or state child support enforcement agency.
A court may take steps to enforce a child support order, such as:
- Wage garnishment
- Garnishment of the parent’s tax refund
- Placing a lien on property
- Revoking a driver’s or professional license
- Denying or revoking a United States Passport in situations where a parent owes more than $2,500
If a receiving parent is not receiving their payments because of child support fraud, they should contact the family court that is handling their case. They can petition for a modification of the child support order that will update information about the non-paying parent’s financial situation.
Modifying a child support order typically requires proof that an individual has had a material change in circumstances that affects their financial situation. It must be so impactful that the parent’s ability to make payments or the needs of the child have been affected.
Common examples of material changes in circumstances may include, but are not limited to:
- An employment change for a parent, such as a new job that increases or decreases their income
- Changes in the custody arrangement or visitation schedule
- Temporary economic hardship, such as job loss
- The child experiences a medical emergency
- There has been a significant change in the needs of the child, for example, increased private school tuition leading to additional educational expenses
Courts will consider changes in circumstances and how those changes will affect the child support order. However, a custodial parent cannot make a unilateral decision to take on a large expense for a child and then try to make the other parent help pay for it.
One common example of this would be choosing to send the child to private school instead of public school. A family court will consider each issue on a case-by-case basis and determine how much, if any, share of the new expense the other parent will be required to pay.
If a parent, either the paying or receiving, has any questions about child support modifications, they should consult an attorney.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
Unfortunately, child support fraud is fairly common. When an individual has a lawyer, it will help ensure that the proper evidence is presented in court which will help the child receive the support they need.
An individual can submit their question on the LegalMatch website at no cost and receive responses from member lawyers who are ready to help resolve their child support issues. It is important for parents to be aware that when they provide documentation or affidavits regarding their income to a court, it is done under penalty of perjury.
This means, if they provide false information, they can face legal consequences, including time in jail. If an individual is found guilty of child support fraud, they may have to pay back the amount they owe in addition to substantial fines and possible jail time.
A court may also adjust future child support payments based on the actual income of the parent who fraudulently reported their income.
Should I Consult with an Attorney if I Have an Issue with Child Support Fraud?
You might have some issues related to child support fraud in Texas. In that case, whether you are a paying parent or a receiving parent, it is important to consult with a Texas child support lawyer. Your lawyer will be able to advise you on how child support amounts are determined in the state as well as how child support application fraud is handled.
If you think the other parent is committing child support fraud, it is important to inform your lawyer as soon as you can. Then, your lawyer will contact a caseworker who can review your case.
Both parents may be required to submit updated verifications of their income sources. The caseworker will investigate the alleged fraud and provide their findings to the court.
If you do not want to have a caseworker handle the issue, your lawyer may be able to file a motion directly with the court. Then, you will attend a hearing where your lawyer will present your concerns and evidence to support your claim.
If you have been accused of child support fraud, it is important to have legal representation, as the consequences can be severe. Your attorney will determine whether there are any legal defenses available based on the circumstances of your case. No matter which parent you are, your child support lawyer will be able to represent you in court and protect your legal rights.
