Fraud on child support applications often occurs in Virginia when parents who are ordered to pay child support attempt to mislead the court in order to avoid having to make payments. Either parent of a child can commit child support fraud when they provide inaccurate or incomplete financial information to a court to try and influence the payment amount ordered.
Someone who is ordered to pay child support commits fraud if they attempt to hide any type of income they make. A parent receiving child support payments can also commit fraud if they overstate their child’s expenses to try and cover personal costs that are not child-related.
Usually, the child’s non-custodial parent is the one who is required to pay child support. These payments, often made monthly, are intended to give financial assistance to the custodial parent in addition to helping the non-custodial parent fulfill the obligation they have to help raise their child.
In all cases involving children, including child support cases, a court in Virginia will follow the child’s best interests standard. The state provides guidelines that parents, legal professionals, and courts can use to calculate child support payments.
Virginia child support guidelines give a formula that can be used to calculate the monthly amount a parent will likely be ordered to pay. It is based on financial information provided by both of the child’s parents as well as the custody arrangement that is in place.
When individuals are going through a legal separation or Virginia divorce, the court can order one parent to pay child support. It is important to be aware that child support in Virginia may not be ordered automatically in every case.
If the court gets a request for child support, it will review the financial information that is submitted by both of the parents. It will be used to determine each parent’s ability to provide financially for their child in addition to the type of arrangement that will be in the child’s best interests.
When a parent submits information to a court they are typically required to provide a certification that the information is accurate. In most situations, any document or information submitted to the court is done so under penalty of perjury.
What this means is that if someone purposely gives false, misleading, or inaccurate information, they can face severe consequences, even jail time. For more information on child support application fraud in Virginia, an individual should consult with a local attorney in Virginia.
What Is the Penalty for Hiding Income for Child Support?
When an individual attempts to or is successful at hiding their income from the court, it will be taken very seriously. Every state in the country has both state and local child support enforcement agencies that have access to resources they can use to enforce child support orders.
These enforcement agencies may ask a court to use legal methods to obtain child support payments, which may include a seizure of the paying parent’s property or garnishing their wages.
There are also many other different ways in which courts can enforce child support orders, such as:
- Placing a lien on property
- Revoking a driver’s or professional license
- Garnishment of a tax refund
- Ordering the payment of retroactive child support
- Criminal fines
- Jail time
- Criminal charges
- Denying or revoking a U.S. Passport if a parent owes more than $2,500
When a child’s parent suspects their other parent may be committing child support fraud, they may be able to request financial documents through the court. These financial documents can be examined by a professional to see if fraud actually occurred.
All parents and individuals should note that if they accidentally make a mistake or submit inaccurate information, they should let their lawyer know as soon as they discover the issue. Their attorney can notify the court, submit the proper information, and keep them from facing punishment.
How Do I Report Child Support Fraud?
An individual can report child support fraud by notifying their state or local child support agency or the court handling the case. If a receiving parent does not get the payments they are due because of fraud, they can ask the court for a modification of a child support order based on accurate financial information.
Fraud can also arise in child support cases if a parent asks for a modification of their current order. To get a modification, the requesting party will need to show there has been a substantial and material change in circumstances that affects their financial situation.
The requesting party may also demonstrate that their child’s needs have changed since the order was originally issued. A substantial and material change in circumstances may arise in numerous different situations, which can include:
- A change in the custody arrangement
- A change in the visitation schedule
- The child having a medical emergency
- A temporary financial hardship
- Employment changes
- Changes in the needs of the child
Fraud that occurs during a child support modification request may be reported in the same way as child support fraud noted above. If a parent has any concerns or issues related to child support fraud, they can consult an attorney in their area.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
An attorney can be very helpful in resolving any type of child support fraud issue. Additionally, an attorney can help a parent avoid any type of fraud issue from the state and ensure that everything they submit to the court is accurate and complete.
A lawyer will also ensure that all documents and information are submitted to the court in a timely manner. When an individual is facing a stressful life-altering event, such as a divorce involving child support, having a lawyer can help them avoid accidentally submitting information that is inaccurate and facing any consequences and ease the stress associated with their legal issue.
For any issues or concerns involving child support fraud, an individual can use LegalMatch for help finding the legal assistance they need.
Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?
When you have concerns or suspect that your child’s other parent is engaged in child support fraud in Virginia, you should reach out to a Virginia child support lawyer. It is important to reach out to an attorney as soon as you become aware of the fraud, if possible.
You may need to go to a hearing so the court can hear about the issue. You might also need to submit updated financial information.
If you do need to appear in court, your lawyer will address the court on your behalf during any hearing. Whether you are a receiving or a paying parent, your attorney will help you submit the proper financial information, as well as give you advice on how the court may address the fraud issue.
With LegalMatch.com’s no cost lawyer matching service, you can locate a child support attorney in your area for free in as little as 15 minutes. After you submit your question or issue, in around 24 hours, you will get responses from lawyers near you who handle child support fraud cases.
You have nothing to lose by submitting your concerns to LegalMatch and hearing from lawyers near you.
Jose Rivera
Managing Editor
Editor
Last Updated: Dec 18, 2024