Child Support/ financial affidavit / alleged fraud

[ashley1981]

What is the name of your state (only U.S. law)? I settled a paternity suit in Florida, the child was born there but I am resident of North Carolina and always have been. We executed the PSA (paternity suit settlement) on 4/18/14 and my financial affidavit was filled out months before that. I bought a house on 5/15/14 (that's when money changed hands and the deed was recorded ) The money was gifted for the down payment from my family after the PSA settlement was executed. The seller was commercial fisherman and signed the deed over to me on 4/16/14 (two days before the PSA was executed) because he was not in town for weeks.

The plaintiff's side has found out about the house and pulled the deed. They are alleging fraud in my financial affidavit as I did not disclose this house. Technically, I did not own anything as NC and FL are both considered "race states" in regards to deeds and nothing is owned or perceived to have interest in until something is recorded.

Any opinions would be welcome.

 

[Zigner]

What is the name of your state (only U.S. law)? I settled a paternity suit in Florida, the child was born there but I am resident of North Carolina and always have been. We executed the PSA (paternity suit settlement) on 4/18/14 and my financial affidavit was filled out months before that. I bought a house on 5/15/14 (that's when money changed hands and the deed was recorded ) The money was gifted for the down payment from my family after the PSA settlement was executed. The seller was commercial fisherman and signed the deed over to me on 4/16/14 (two days before the PSA was executed) because he was not in town for weeks.

The plaintiff's side has found out about the house and pulled the deed. They are alleging fraud in my financial affidavit as I did not disclose this house. Technically, I did not own anything as NC and FL are both considered "race states" in regards to deeds and nothing is owned or perceived to have interest in until something is recorded.

Any opinions would be welcome.

I believe that you owned the house and failed to report it.

 

[LdiJ]

I believe that you owned the house and failed to report it.

While I don't disagree...I am having trouble picturing what kind of settlement in regards to paternity would hinge on assets rather than income.

 

[Just Blue]

While I don't disagree...I am having trouble picturing what kind of settlement in regards to paternity would hinge on assets rather than income.

Perhaps OP is hiding income/assets.

 

[Zigner]

While I don't disagree...I am having trouble picturing what kind of settlement in regards to paternity would hinge on assets rather than income.

The OP is being accused of not properly reporting all assets, as required on the financial affidavit.

 

[ashley1981]

I believe that you owned the house and failed to report it.

You don't own or have "interest in" anything until the deed is recorded. It's why it's called a "race state" because there can be 10 deeds and the first one to the court house to record it wins.

 

[Zigner]

You don't own or have "interest in" anything until the deed is recorded. It's why it's called a "race state" because there can be 10 deeds and the first one to the court house to record it wins.

1: Florida isn't a "race state".

2: It would only matter had someone else tried to claim the property ahead of you.

 

[ashley1981]

1: Florida isn't a "race state".

2: It would only matter had someone else tried to claim the property ahead of you.

But North Carolina is……So wouldn't that take precedence over Floridian law?

 

[Ladyback1]

But North Carolina is……So wouldn't that take precedence over Floridian law?

since the paternity case was filed and held in Florida? You have to go by Florida law.

It matter now one whit what state you reside in!

 

[Eekamouse]

Why didn't you amend your paperwork to include your newly bought house instead of throwing the dice and hoping the other side would not become aware of your purchase?

 

[Zigner]

But North Carolina is……So wouldn't that take precedence over Floridian law?

Did you not see #2? You owned the property. I believe that you misunderstand the meaning of "race" in this context. You owned the property when you bought it, not when it was recorded. The only time there would have been a contention is if someone else had tried to record a deed ahead of you. That didn't happen.

 

[Zigner]

since the paternity case was filed and held in Florida? You have to go by Florida law.

It matter now one whit what state you reside in!

I disagree. The OP is wrong for other reasons, but let's say he is right (which he's not.)

If he were right and he didn't actually "own" the property until it was recorded, then he would be technically correct in not including it as property owned.


Of course, the OP's wrong, so the point is moot

 

[Ladyback1]

I disagree. The OP is wrong for other reasons, but let's say he is right (which he's not.)

If he were right and he didn't actually "own" the property until it was recorded, then he would be technically correct in not including it as property owned.


Of course, the OP's wrong, so the point is moot

Yes, it seems that the OP was trying to manipulate the system....

 

[Proserpina]

Yes, it seems that the OP was trying to manipulate the system....

I also agree.

And further, I believe that without an attorney the court is going to have a field day. Which, honestly, is very fitting.

 

[Proserpina]

Hmmm.

Registered in March....but 0 posts until this thread.

Waddupwitdat?