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.
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.
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