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How does one go about holding DCSE accountable for fraud and malicious prosecution?

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mtbinva

Junior Member
What is the name of your state? Virginia

OK, this ones a doosy, and if there is any VA attorneys who may be interested inn this matter, please feel free to contact me.

The issue is ex-spouse was fraudulently receiving TANF benefits while not having custody of the child, what is the legal recourse and chance for recovery and damages.

The rule in this instance is rather obvious since most states agency as the individual to state ALL income regardless of the source. Not reporting income when applying for TANF benefits is considered fraud.

My ex-spouse had custody of my son for only 8 months, January 2001 until September 2001. I received custody do to the eviction of the child’s mother. Childs mother had an addiction issues, which ultimately led to her demise in 2/12/03.

During the mother’s custodial ship of the child, I was paying her 200.00 per week. I choose this amount, because I had thought that the state max. allowable was to little at 500.00/month. I had also provide phone service and paid utilities. I do understand that the phone and utilities where in fact gifts, the child’s mother never inform DSS of the amounts of money I was giving her. I do have a signed receipt. After having found out that DCSE was in fact coming after me to collect an administrative child support order, I immediately terminated the payments to the child’s mother. On the day she was informed, she had gone to DCSE and filled in paperwork to have them stop all assistance.

They did not. Even after having had custody of my son, they still were accruing child support and she had filed for more public assistance which she did in fact receive, all the while garnishing my un-employment compensation checks. (How’s that for best interest of the child?). The child’s mother had passed away, and they still where accruing charges.

Here’s the kicker…..At NO TIME was an appeals hearing granted at my request, EVER. The only correspondence from DCSE was one letter last year stating, and I quote “no appealable issue”. This is in direct violation of VA administrative statutes, which for the most says that if the amount is in dispute, it constitutes an appealable issue.

I had to contact a state senator to intervene as my attorney received no response either. I no longer have representation, however I am currently enrolled in school to receive my bachelors degree in paralegal science then off to law school. Obviously, I have a ways to go, but I do know how to research and investigate the pertinant case law and code sections. So I have a clue as to what needs to be done.

There are also dismissed show causes, motioned by DCSE, therefore not allowing me to proffer evidence. There of course is a lot more to it, but all documentation has been maintained.

The question now remains as to what cause of action(s) do I have and for what damages can I seek. I WILL be filing a civil suit.

I do have ALL the documentation from DCSE and all related documents in this matter.
 
Last edited:


lewie1956

Junior Member
Good luck!

If you spend any time looking at this site you very quickly find out that you have 2 problems. 1) You are male looking for justice in the American judicial system, and 2) no one at this site is going to offer help because of problem 1. My heart and prayers go out to you and if you find an attorney with the guts to fight the State of VA, please send me his information as NC is next.
 

stealth2

Under the Radar Member
lewie1956 said:
If you spend any time looking at this site you very quickly find out that you have 2 problems. 1) You are male looking for justice in the American judicial system, and 2) no one at this site is going to offer help because of problem 1. My heart and prayers go out to you and if you find an attorney with the guts to fight the State of VA, please send me his information as NC is next.
Oh brother. :rolleyes:
 
S

seniorjudge

Guest
If you feel a crime has been committed, call the cops.
 

mtbinva

Junior Member
seniorjudge said:
If you feel a crime has been committed, call the cops.
I had already discussed this issue with the commonwealth attorney’s office. This falls under and administrative issue and violation of administrative statute violations. In short, this becomes a civil matter per their office.

While the reply “call the cops” indicates a sarcastic reply, the issues still stand, jurisdiction, cause of action and damages that can be sought.

Legal remedies exist for ALL people and if the evidence is proffered properly, sex usually should hold no bearing. Researching case law on Lexis indicates that at the higher courts, justice seems to be equal.

Regards
 
S

seniorjudge

Guest
mtbinva said:
I had already discussed this issue with the commonwealth attorney’s office. This falls under and administrative issue and violation of administrative statute violations. In short, this becomes a civil matter per their office.

While the reply “call the cops” indicates a sarcastic reply, the issues still stand, jurisdiction, cause of action and damages that can be sought.

Legal remedies exist for ALL people and if the evidence is proffered properly, sex usually should hold no bearing. Researching case law on Lexis indicates that at the higher courts, justice seems to be equal.

Regards
Then get a lawyer and sue someone!
 

LdiJ

Senior Member
mtbinva said:
What is the name of your state? Virginia

OK, this ones a doosy, and if there is any VA attorneys who may be interested inn this matter, please feel free to contact me.

The issue is ex-spouse was fraudulently receiving TANF benefits while not having custody of the child, what is the legal recourse and chance for recovery and damages.

The rule in this instance is rather obvious since most states agency as the individual to state ALL income regardless of the source. Not reporting income when applying for TANF benefits is considered fraud.

My ex-spouse had custody of my son for only 8 months, January 2001 until September 2001. I received custody do to the eviction of the child’s mother. Childs mother had an addiction issues, which ultimately led to her demise in 2/12/03.

During the mother’s custodial ship of the child, I was paying her 200.00 per week. I choose this amount, because I had thought that the state max. allowable was to little at 500.00/month. I had also provide phone service and paid utilities. I do understand that the phone and utilities where in fact gifts, the child’s mother never inform DSS of the amounts of money I was giving her. I do have a signed receipt. After having found out that DCSE was in fact coming after me to collect an administrative child support order, I immediately terminated the payments to the child’s mother. On the day she was informed, she had gone to DCSE and filled in paperwork to have them stop all assistance.

They did not. Even after having had custody of my son, they still were accruing child support and she had filed for more public assistance which she did in fact receive, all the while garnishing my un-employment compensation checks. (How’s that for best interest of the child?). The child’s mother had passed away, and they still where accruing charges.

Here’s the kicker…..At NO TIME was an appeals hearing granted at my request, EVER. The only correspondence from DCSE was one letter last year stating, and I quote “no appealable issue”. This is in direct violation of VA administrative statutes, which for the most says that if the amount is in dispute, it constitutes an appealable issue.

I had to contact a state senator to intervene as my attorney received no response either. I no longer have representation, however I am currently enrolled in school to receive my bachelors degree in paralegal science then off to law school. Obviously, I have a ways to go, but I do know how to research and investigate the pertinant case law and code sections. So I have a clue as to what needs to be done.

There are also dismissed show causes, motioned by DCSE, therefore not allowing me to proffer evidence. There of course is a lot more to it, but all documentation has been maintained.

The question now remains as to what cause of action(s) do I have and for what damages can I seek. I WILL be filing a civil suit.

I do have ALL the documentation from DCSE and all related documents in this matter.
I am unclear on some issues. Did DCSE actually get a child support order put into place, or were they simply going after you for reimbursement? If they did get a child support order put in place did you not petition to terminate that order once you had custody of the child?

Certainly it sounds like you were treated poorly, but it also sounds to me like there is a chance that DCSE wasn't notified (or at least through proper channels) that mom no longer had custody of the child. Mom certainly committed welfare fraud but that is more difficult to prove now since she has passed away.
 

mtbinva

Junior Member
I am currently in that process. I had hoped to find some advice or someone in a similar situation. I am a firm believer in thorough research and this is one of the vehicles I am employing to gain a bit more knowledge. Knowledge is power.

While I welcome your replies to this topic, I would appreciate it more if you gave them more substance.

Regards.
 
S

seniorjudge

Guest
LdiJ said:
Did DCSE actually get a child support order put into place, or were they simply going after you for reimbursement? If they did get a child support order put in place did you not petition to terminate that order once you had custody of the child?
mtbinva, this poster is trying to help you. We need these facts. Answer the questions (other than saying, "I am currently in that process").
 

mtbinva

Junior Member
LdiJ said:
I am unclear on some issues. Did DCSE actually get a child support order put into place, or were they simply going after you for reimbursement? If they did get a child support order put in place did you not petition to terminate that order once you had custody of the child?

Certainly it sounds like you were treated poorly, but it also sounds to me like there is a chance that DCSE wasn't notified (or at least through proper channels) that mom no longer had custody of the child. Mom certainly committed welfare fraud but that is more difficult to prove now since she has passed away.
Yes, there in fact was an administrative or in place. She neglected to inform the state she was receiving support from me as outlined in the separation agreement. When DCSE from my assets, I questioned them about why they had or why they were involved in the first place.

DCSE was informed of her death by me. They stated that the needed to contact Social Security, completely understandable.

The issue in question is in the area of arrearage, more specifically TANF benefits.

Yes, I did in fact file a petition with DSS as well as DCSE. All requests were ignored. Usually after each request, all of them done with civility, further action by DCSE then ensued ranging from threat of drivers license suspension and garnishment. My credit is severely damaged and all attempts to re-established credit have been unsuccessful.

There have been 2 show causes filed, and each time I showed up for them with evidence in hand, I was yelled at by the DCSE rep. at the courthouse (Juvenile and Domestic Relations court) got into the court room to introduce evidence and each time DCSE motioned for dismissal thus disallowing my opportunity to introduce evidence. Usually an action or administrative decision was reached, I was served, I sent a letter of appeal and hearing request with in the time allotted, those were ignored, then back around we go to garnishment, license etc.

In 5 years, I was NEVER granted a hearing. I had an attorney send a letter of appeal and request, and his correspondence was ignored as well.

As far as proving welfare fraud, I have school records, receipts and of course my sons testimony as to where and with whom he resided. Also, there were 3 orders of protection issued against the mother WHILE she was receiving child support for abuse from her boyfriend. They could not issue the order to him since there was no legal interest by the boyfriend in the child.

FYI, had to not this as it verges on humor. DCSE, DSS, J&DR has accepted all of the signatures of my ex-spouse except for the one where she had written them that I had in fact had been paying her child support for the 8 months she had the child
 

LdiJ

Senior Member
mtbinva said:
Yes, there in fact was an administrative or in place. She neglected to inform the state she was receiving support from me as outlined in the separation agreement. When DCSE from my assets, I questioned them about why they had or why they were involved in the first place.

DCSE was informed of her death by me. They stated that the needed to contact Social Security, completely understandable.

The issue in question is in the area of arrearage, more specifically TANF benefits.

Yes, I did in fact file a petition with DSS as well as DCSE. All requests were ignored. Usually after each request, all of them done with civility, further action by DCSE then ensued ranging from threat of drivers license suspension and garnishment. My credit is severely damaged and all attempts to re-established credit have been unsuccessful.

There have been 2 show causes filed, and each time I showed up for them with evidence in hand, I was yelled at by the DCSE rep. at the courthouse (Juvenile and Domestic Relations court) got into the court room to introduce evidence and each time DCSE motioned for dismissal thus disallowing my opportunity to introduce evidence. Usually an action or administrative decision was reached, I was served, I sent a letter of appeal and hearing request with in the time allotted, those were ignored, then back around we go to garnishment, license etc.

In 5 years, I was NEVER granted a hearing. I had an attorney send a letter of appeal and request, and his correspondence was ignored as well.

As far as proving welfare fraud, I have school records, receipts and of course my sons testimony as to where and with whom he resided. Also, there were 3 orders of protection issued against the mother WHILE she was receiving child support for abuse from her boyfriend. They could not issue the order to him since there was no legal interest by the boyfriend in the child.

FYI, had to not this as it verges on humor. DCSE, DSS, J&DR has accepted all of the signatures of my ex-spouse except for the one where she had written them that I had in fact had been paying her child support for the 8 months she had the child
Well, its certainly clear that they have been playing games with you. It appears that there focus is on getting reimbursement at all costs, even when it isn't justified. Filing a lawsuit may very well be the only way to clear your record....particularly your credit report.
 

LdiJ

Senior Member
mtbinva said:
Yes, there in fact was an administrative or in place. She neglected to inform the state she was receiving support from me as outlined in the separation agreement. When DCSE from my assets, I questioned them about why they had or why they were involved in the first place.

DCSE was informed of her death by me. They stated that the needed to contact Social Security, completely understandable.

The issue in question is in the area of arrearage, more specifically TANF benefits.

Yes, I did in fact file a petition with DSS as well as DCSE. All requests were ignored. Usually after each request, all of them done with civility, further action by DCSE then ensued ranging from threat of drivers license suspension and garnishment. My credit is severely damaged and all attempts to re-established credit have been unsuccessful.

There have been 2 show causes filed, and each time I showed up for them with evidence in hand, I was yelled at by the DCSE rep. at the courthouse (Juvenile and Domestic Relations court) got into the court room to introduce evidence and each time DCSE motioned for dismissal thus disallowing my opportunity to introduce evidence. Usually an action or administrative decision was reached, I was served, I sent a letter of appeal and hearing request with in the time allotted, those were ignored, then back around we go to garnishment, license etc.

In 5 years, I was NEVER granted a hearing. I had an attorney send a letter of appeal and request, and his correspondence was ignored as well.

As far as proving welfare fraud, I have school records, receipts and of course my sons testimony as to where and with whom he resided. Also, there were 3 orders of protection issued against the mother WHILE she was receiving child support for abuse from her boyfriend. They could not issue the order to him since there was no legal interest by the boyfriend in the child.

FYI, had to not this as it verges on humor. DCSE, DSS, J&DR has accepted all of the signatures of my ex-spouse except for the one where she had written them that I had in fact had been paying her child support for the 8 months she had the child
Well, its certainly clear that they have been playing games with you. It appears that there focus is on getting reimbursement at all costs, even when it isn't justified. Filing a lawsuit may very well be the only way to clear your record....particularly your credit report.
 

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