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Child Support Fraud

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goodmom0723

Junior Member
What is the name of your state (only U.S. law)? Michigan

I'll make this as short as possible. My ex-husband has been living with his girlfriend for 3 years - they share a 1yr old and are due to have a new baby any day. His girlfriend has filed for and is getting child support from my ex-husband. They put thru this claim for child support for the purpose of lowering the child support that my children recieve and putting the money back into their household. I filed a complaint with FOC, but my ex-husband uses his parents address for everything, so to fraud the FOC - as well as the govt. agency that his girlfriend receives assistance from. Therefore I have no way to proove that they live together. I've turned her into the govt. agency and FOC for fraud - but since I'm the ex-wife & have a personal interest and could benefit from this - they don't take me seriously. I've also checked into hiring a private investigator to proove that he lives there - but I can't afford it. Any other advice of what I can do? My children don't deserve this.
 


CourtClerk

Senior Member
Where is the fraud? They are not married, they have 1 1/2 children he has a duty to support (at least the 1 for now), as well as your children. There's nothing in the rule book that says that they can't live together (that I'm aware of).
 

goodmom0723

Junior Member
From what I understand if you are living with the father of your child you are not allowed to collect child support from them - My understanding is that this is against the law. Have I been misinformed?
 

seniorjudge

Senior Member
Q: From what I understand if you are living with the father of your child you are not allowed to collect child support from them - My understanding is that this is against the law. Have I been misinformed?


A: Yes. Why would you think that a parent who lives with his or her children does not have to support them? :confused:
 

CourtClerk

Senior Member
So if you're shacking up with some chick you made babies with, you don't have a legal duty to support the children? Doesn't make sense to me. They are still his (presumably) children and just like he needs to support your children, he needs to support those. However, someone here knows MI and the FOC very well. Let me send her a PM.
 

goodmom0723

Junior Member
I'm not saying he should not support the children that he lives with -of course he should- that's what the remainder of his paycheck is for. My delima is that the amount of support that he is ordered to pay my children is being cut down so that the money goes back into his (their) pocket. That doesn't seem fair. I appreciate you forwarding my question onto your friend who know MI law. Thank you.
 

CourtClerk

Senior Member
It's also not fair that the children have to live through parents who made them and then decided to divorce.... but hey, life isn't fair now is it?

The simple fact of the matter is that if MI gives a reduction for subsequent children, then he will get the reduction. Even if it is a reduction, I doubt that it will be earth shaking and devastating, unless that is you are using the CS to supplement your income (which you shouldn't be doing anyway) and the reduction is going to cause you to lose everything.

If this is about bitterness, put it away and do something a little more productive. The alternative is that he could stop paying it all together.
 

goodmom0723

Junior Member
It's also not fair that the children have to live through parents who made them and then decided to divorce.... but hey, life isn't fair now is it?

The simple fact of the matter is that if MI gives a reduction for subsequent children, then he will get the reduction. Even if it is a reduction, I doubt that it will be earth shaking and devastating, unless that is you are using the CS to supplement your income (which you shouldn't be doing anyway) and the reduction is going to cause you to lose everything.

If this is about bitterness, put it away and do something a little more productive. The alternative is that he could stop paying it all together.
Believe me it's not about bitterness - I'm glad he has moved on with his life & is happy. My only concern is for my children and their happiness. I am not supplementing my income with the child support. I simply want to continue to give my children the life that they deserve - the difference in child support is over $100 per week - which is a huge difference and not fair that my children must give up the things that they love because he has more children and his girlfriend can claim child support to simply bring more income into their household, therefore reducing the amount that comes to my children.
 

CourtClerk

Senior Member
Things change... circumstances change. Your children may or may not be able to always have what they have now. What happens if you lose your job tomorrow in this crappy economy? You'll have to cut back. Sh*t happens. If you live by that theory, if you were to lose your job, you better NOT cut back because it wouldn't be fair to your kids that they have to go without.
 

TinkerBelleLuvr

Senior Member
So if you're shacking up with some chick you made babies with, you don't have a legal duty to support the children? Doesn't make sense to me. They are still his (presumably) children and just like he needs to support your children, he needs to support those. However, someone here knows MI and the FOC very well. Let me send her a PM.
There is NO "child support" fraud if the two are NOT married. Mom is being very smart and having everything thru the courts in this regard since there is no protection of rights - they are NOT married.

Now, if the mom is collecting food stamps, TANF, etc. and living with someone AND not reporting it, that is a different story. And NO, you should NOT be privy to that. That would be between the mom and the state.

On a personal note, you sound like a bitter woman. If you didn't follow child support guidelines before, and now regret it, oh well.

Michigan child support guidelines:
http://courts.michigan.gov/scao/services/focb/mcsf.htm
 

CourtClerk

Senior Member
There is NO "child support" fraud if the two are NOT married. Mom is being very smart and having everything thru the courts in this regard since there is no protection of rights - they are NOT married.

Now, if the mom is collecting food stamps, TANF, etc. and living with someone AND not reporting it, that is a different story. And NO, you should NOT be privy to that. That would be between the mom and the state.

On a personal note, you sound like a bitter woman. If you didn't follow child support guidelines before, and now regret it, oh well.

Michigan child support guidelines:
Michigan Child Support Formula
Thank you ma'am. I knew you had the Bat Phone to the FOC's office and if anyone would know, you would....:D
 

goodmom0723

Junior Member
I agree wiand lawfully shouldn't be and solely doing it to benefit himself and th you sh*t does happen - and some things are unavoidable. However, if my ex-husband is doing something fraudulant in nature and I can prove that to benefit my children than don't you believe I should? My children are my #1 priority and if what he is doing is just and legal than ok...that's a situation that I have no control over. But, if he is doing this for the purpose of taking away from my children & benefitting himself and I can do something to stop him -shouldn't I?
 
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