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Common law and fraud

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bclaph01

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

I am now starting to go through a divorce. My common law wife of over 6 years is now contesting that we were ever married. I have two affidavits from insurance companies in which we had benefits through that she signed and they are notarized stating we are common law. If she tries to lie in court what penalties could she face? Could she be gone after for insurance fraud? The reason she would never walk down the isle is she was receiving benefits from the state of Kansas for the children, and did not want to lose them. She received daycare expenses, health dental and vision, and also food programs. What kind of trouble will she get into if I turn her in. Could the state go after me for knowing this. I have also been paying child support while we lived together for 71/2 years.
 


tranquility

Senior Member
No trouble, no one will care. Just use the affidavits as proof she held you out to the public as being married. If the judge in the current case feels her claim is a lie under oath, he may deal with it. But, probably not.
 

LdiJ

Senior Member
No trouble, no one will care. Just use the affidavits as proof she held you out to the public as being married. If the judge in the current case feels her claim is a lie under oath, he may deal with it. But, probably not.
She got welfare benefits while she lived in the home of her common law husband who was supporting the family. He was aware of the welfare and benefitted from it.

While she would be the one with the major problems, he could have some problems as well.

However, its unlikely that his common law divorce is what will "out" her to her welfare caseworker.
 

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