Child support application fraud happens when a parent lies or hides information on purpose when applying for child support in Washington. This is usually done by the parent who has to pay child support, but either parent can do it. The goal is to change the court’s decision about how much child support should be paid.
Here are some examples of what a parent might do:
- Hiding money they earn from investments or other places
- Saying they make less money than they really do
- Saying they spend more on the child than they actually do
- Including their own personal expenses that aren’t for the child
- Giving fake child support papers to the court
What Happens if a Parent Commits Child Support Fraud?
The consequences for child support fraud in Washington can be very serious:
Contempt of Court
According to RCW 26.09.160, a parent who fails to comply with child support orders can be held in contempt of court. If found in contempt, the parent may face imprisonment in the county jail for up to 180 days, payment of court costs and reasonable attorneys’ fees to the other party, and a civil penalty of at least $100.
Additional Parenting Time
The court may also order the non-complying parent to provide additional time with the child to the other parent, equal to the time missed due to non-compliance. For a second failure within three years, the additional parenting time is doubled, and the civil penalty increases to a minimum of $250.
Enforcement of Monetary Awards
Any monetary award ordered can be enforced by the party to whom it is awarded in the same manner as a civil judgment. This means the court can make the parent pay all the child support in Washington they owe, plus extra fines on top of that.
Criminal Charges
In extreme cases, especially those involving interstate child support evasion, federal criminal charges may be filed. These serious charges can result in significant fines and even imprisonment.
Loss of Privileges
In addition to the penalties mentioned above, the support order may include provisions for license suspension and income withholding. The person required to pay support may have their license (as defined in RCW 74.20A.320) suspended or not renewed if they are not in compliance with the support order. Furthermore, withholding action may be taken against wages, earnings, assets, or benefits, and liens may be enforced against real and personal property under child support statutes without further notice.
How Do I Report Child Support Fraud?
If you think someone is committing child support fraud in Washington, you have a few ways to report it:
- Contact the Division of Child Support (DCS) if you believe a parent isn’t following the rules for child support.
- Call the Welfare Fraud Hotline at 1-800-562-6906 to report suspected welfare fraud, including child support fraud.
- Go online to the Office of Fraud and Accountability (OFA) website to report fraud there.
- Mail a written report to the OFA at P.O. Box 45817, Olympia, Washington 98504-5817.
Can a Lawyer Help With Child Support Fraud Issues?
Dealing with child support fraud during a Washington divorce can be extremely hard. You might feel upset and not know what to do. Talking to a local attorney in Washington who handles child support cases can make all the difference.
A good lawyer can:
Find Proof That Fraud Happened
A skilled child support attorney knows how to find proof that the other parent lied on their application. After you consult an attorney, they’ll work to uncover any hidden income or assets that should have been reported.
This might involve reviewing tax returns, pay stubs, and bank statements, interviewing people who know about the other parent’s financial situation, or even hiring a private investigator. The goal is to build a strong case that clearly demonstrates the fraud, so your lawyer will gather all the evidence and present it to the court in a compelling way.
Report the Fraud to the DCS for You
Reporting fraud to the Division of Child Support (DCS) can be a difficult process. Fortunately, a lawyer can handle all the paperwork and communication on your behalf, ensuring that everything is done correctly.
Your attorney will fill out the necessary forms, provide the DCS with the evidence they’ve gathered, communicate with investigators, keep you updated on the status of the investigation, and argue your case to the DCS if needed. Having a lawyer deal with the DCS can take a significant burden off your shoulders and give you confidence that your case is in capable hands.
Go With You to Court Hearings
If your child support fraud case goes to court, having an experienced attorney by your side can make all the difference. Court hearings can be intimidating, but your lawyer will guide you through the process and help you feel more prepared.
They’ll assist you in practicing your testimony, present the evidence of fraud to the judge, cross-examine the other parent and any witnesses, object to unfair tactics from the opposing side, and argue for a just outcome that aligns with the child’s best interests standard. With a skilled lawyer representing you, you can feel more confident and assured in court.
Fight for a Fair Child Support Order That Puts Your Child’s Best Interests First
When fraud is involved in a child support case, it’s important to make sure that the final order is fair and based on accurate information. Your lawyer will work diligently to obtain an order that meets your child’s needs and adheres to the law.
This involves calculating the correct amount of child support based on both parents’ true incomes, arguing for an order that covers all your child’s necessary expenses, fighting against any unreasonable requests from the other parent, and making sure the order is enforceable and includes penalties for non-payment. A good child support order is necessary for your child’s well-being, and your lawyer will do everything in their power to achieve an order that provides the support your child deserves.
Should I Talk to a Lawyer About Child Support Fraud?
Yes, it’s definitely a good idea to talk to a Washington lawyer if you think there’s child support fraud going on. Child support laws can be tricky, so you want to make sure you do everything right to report the fraud and change the child support order.
A lawyer who has dealt with lots of these cases can look at your situation and explain what your choices are. They’ll answer all your questions and give you honest advice. Most of all, they’ll stand up for you and your child.
Don’t try to handle child support fraud all by yourself. There’s too much at stake, and the legal system can be confusing. Find a local child support lawyer who can fight for your family.
You can start by setting up a meeting with a lawyer near you. A lot of times, the first meeting is free, so you can get legal help without any risk. Take this chance to learn more about your rights and what to do about your child support problem.
Remember, you don’t have to face this alone. A skilled Washington child support lawyer can be your partner through it all. Reach out today to talk about your child support fraud case and get the help you and your child need.
