In Wisconsin, child support application fraud often happens when the parent who has been ordered to pay child support attempts to deceive the court so they can avoid paying this obligation. It is important to be aware that either parent can commit child support fraud if they provide inaccurate or incomplete information to the court to try and influence the court’s decision on the appropriate child support amount.
A parent who is ordered to pay child support commits fraud if they attempt to hide any of their income from any source. A parent who receives child support commits fraud if they overstate expenses related to the child or attempt to include their personal costs as child-related.
In the majority of child support cases, a non-custodial parent is the parent who makes the payments for child support on a monthly basis to the receiving parent or custodial parent. Child support amounts are intended to provide financial assistance to the receiving parent as well as to fulfill the paying parent’s obligation to help raise their child.
In any case that involves a child, including a child support case, a Wisconsin court will follow the child’s best interests standard. Wisconsin also provides guidelines to calculate child support payments in the state.
The Wisconsin child support guidelines give a formula that is used to calculate child support amounts that parents will be required to pay. This amount is based on the financial details provided by the parents and the custody arrangements for the child.
If parents are going through a Wisconsin divorce or legal separation, the court can require one of the parents to pay child support. It is important for parents to be aware that child support in Wisconsin is not always automatically ordered.
If a court gets a request for child support, it will review the financial information that the parents provided. This will be used to evaluate the ability of both of the parents to provide for their child as well as what arrangement is in the child’s best interests.
Parents are usually required to certify to the court that the information that they provide is accurate, including financial information. Documents are typically submitted to a court under penalty of perjury.
This means that if a parent provides the court with false information, they can face serious legal consequences, which can include jail time. For more information on child support fraud in Wisconsin, an individual should contact a local attorney in Wisconsin.
What Is the Penalty for Hiding Income for Child Support?
If a parent attempts to or succeeds at hiding their income, a court will consider it a serious issue. In every state, there are child support enforcement agencies at the state and local levels with resources they have access to in order to enforce child support orders.
Child support enforcement agencies can ask courts to use methods to obtain child support payments, such as seizing property of the paying parent or garnishing their wages. Other methods that courts may use to enforce a child support order also include:
- Criminal fines
- Jail time
- Criminal charges
- Garnishment of a tax refund
- Ordering the payment of retroactive child support
- Denying or revoking a U.S. Passport if a parent owes more than $2,500
- Placing a lien on property
- Wage garnishment
- Revoking a driver’s or professional license
Typically, when a parent omits income on accident, they can inform the court as soon as they realize their mistake, and they will not be penalized.
How Do I Report Child Support Fraud?
An individual can report child support fraud by informing a state or local child support agency or notifying the court. If a custodial parent is not receiving their payments because of fraud, they can ask for a modification of the current order based on the updated financial information.
When a parent is asking for a modification of a child support order, they will likely need to show that there was a material change in their circumstances that had an effect on their financial situation or that the needs of their child have changed since the order was issued. Changes in circumstances can occur in many different ways, including, but not limited to:
- A temporary economic hardship, such as losing a job
- The child has a medical emergency
- Changes to the visitation schedule or the custody arrangement
- An employment change, for example, a new job with an increase or decrease in income
- A change in the needs of the child, for example, an increase in private school tuition
Any parent should also note that they are not allowed to make large financial purchases or choices alone and try to make the other parent pay for it. This may include sending the child to an expensive private school, purchasing an expensive car, or other items.
Any parent in a child support case should consult an attorney if they have any questions or concerns about their child support obligations.
Can a Lawyer Help Me Resolve a Child Support Fraud Issue?
Issues surrounding child support fraud arise quite frequently. This is just one of the numerous reasons why having a lawyer is helpful, especially since they can make sure all financial documents are complete, accurate, and submitted to the court.
This will help parents make sure any information they submit to the court is accurate and they do not accidentally submit incorrect information and face negative consequences. When a parent has a lawyer, it will also ensure that the best possible evidence and arguments are presented on their behalf, allowing the court to make an informed decision on what is in the child’s best interests.
If any individual has any concerns related to child support fraud, they can submit them on the LegalMatch website for free.
Should I Consult With an Attorney if I Have an Issue With Child Support Fraud?
If you have any concerns about child support fraud in Wisconsin, you should consult with a Wisconsin child support lawyer. Whether you pay child support or receive child support, your attorney can assist you with calculating the correct amount and give you advice about how the court may deal with your fraud issue.
If you suspect the other parent has committed or is committing child support fraud, it is important to inform your attorney as soon as you become aware. You will likely need to submit new or updated financial information to the court.
You might also have to go to a hearing. Your lawyer will represent you, present your concerns to the court, and present evidence on your behalf. Whether you pay or receive child support, your attorney will represent you and make sure your rights are protected.
It is free and simple to find a child support attorney in your area using LegalMatch. Submit your question or issue on the website in as little as 15 minutes.
After submitting your issue, you will get responses from LegalMatch member lawyers in about 24 hours who can help you resolve your child support issue. These lawyer responses will include information on their background, fees, and reviews from previous clients. This information can help you locate a lawyer who best fits your needs and budget.
