Ex-wife filed fraudulent child support claim

I live in Massachusetts. Ex-wife lives in Georgia. Child support being collected by Alabama.

I took custody of my son from my ex-wife over a year ago. I filed for custody in Mobile, AL where we had once lived, and where the original divorce decree and support order were ordered. Ex-wife gave me custody prior to us attending court at the start of 2011.

When we attended court in Mobile, AL at the start of 2011 the judge ordered that the state in which the child now resides (Massachusetts) has jurisdiction, and any child support arrears should be dealt with through the courts there. She also ordered that I have physical custody.

I filed for a custody modification in Massachusetts which was heard in November of 2011 during which it was ordered that there was an arrears amount for child support, and that mother would not pay father child support for a period of 4 years, (based on a minimum as she does not work), after which father's arrears would be $0, and mother should pay child support to father.

The state of Alabama today started to garnish my pay for child support arrears in the sum of close to $11,000, and it appears my ex-wife has fraudulently claimed that I am owe her child support. Per what I said above, the state of Alabama passed jurisdiction on to Massachusetts in January 2011, and the state of Massachusetts ordered that the arrears are offset over the next 4 years by the mother not paying support. (She has paid nothing since I took custody in late 2010).

I will of course contact the Mobile County clerk in Alabama first thing Monday morning to start clearing this up.

My questions are, how can my ex-wife do this?

If she has received any payments, how do I get them back? (Since my wages were just garnished for the first time she may have received nothing yet).

I am due a rather large Federal income tax rebate in the next 2 weeks, and am assuming this will be paid to her. How do I stop this from happening?

My ex-wife is essentially committing fraud. Do I have any legal course which I can take against her?

Can the state of Alabama file charges against her for fraud?

Can I file contempt in Massachusetts since she has gone against the court order made here?

My ex-wife has emailed me recently telling me her new husband may be losing his job, and I know they have severe financial problems.

Thanks in advance for any advice. My family is at our wits end, as this has instantly had a financial impact on our lives.

CaelanT said:

I live in Massachusetts. Ex-wife lives in Georgia. Child support being collected by Alabama.

I took custody of my son from my ex-wife over a year ago. I filed for custody in Mobile, AL where we had once lived, and where the original divorce decree and support order were ordered. Ex-wife gave me custody prior to us attending court at the start of 2011.

When we attended court in Mobile, AL at the start of 2011 the judge ordered that the state in which the child now resides (Massachusetts) has jurisdiction, and any child support arrears should be dealt with through the courts there. She also ordered that I have physical custody.

I filed for a custody modification in Massachusetts which was heard in November of 2011 during which it was ordered that there was an arrears amount for child support, and that mother would not pay father child support for a period of 4 years, (based on a minimum as she does not work), after which father's arrears would be $0, and mother should pay child support to father.

The state of Alabama today started to garnish my pay for child support arrears in the sum of close to $11,000, and it appears my ex-wife has fraudulently claimed that I am owe her child support. Per what I said above, the state of Alabama passed jurisdiction on to Massachusetts in January 2011, and the state of Massachusetts ordered that the arrears are offset over the next 4 years by the mother not paying support. (She has paid nothing since I took custody in late 2010).

I will of course contact the Mobile County clerk in Alabama first thing Monday morning to start clearing this up.

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That's a good start. You could also try sending your employer a copy of the agreements. They probably won't stop withholding, but they might.

CaelanT said:

My questions are, how can my ex-wife do this?

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She did it. Stop worrying about how. Fix the problems rather than worrying about the past.

CaelanT said:

If she has received any payments, how do I get them back? (Since my wages were just garnished for the first time she may have received nothing yet).

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You will presumably have to go back to court to get the money refunded. If she refuses, you can ask to have it deducted from the arrears - which means that she will have to start paying CS sooner.

CaelanT said:

I am due a rather large Federal income tax rebate in the next 2 weeks, and am assuming this will be paid to her. How do I stop this from happening?

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The good news is that seized tax returns are not immediately sent to the recipient. They have to hold on to them for a while, so you will have time to take action. Other than that, though, there's nothing pre-emptive that you can do. You have to wait until it happens.

CaelanT said:

My ex-wife is essentially committing fraud. Do I have any legal course which I can take against her?

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Not really -other than the above. Focus on getting your money back.

CaelanT said:

Can the state of Alabama file charges against her for fraud?

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Maybe. You don't know, for example, that she's the one who committed fraud. Maybe she collected welfare while she had the kid and the state is just now getting around to collecting.

In any event, it's moot. The state will almost certainly not go after her on your behalf. Now, if she committed welfare fraud, they might.

CaelanT said:

Can I file contempt in Massachusetts since she has gone against the court order made here?

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Yes.

CaelanT said:

My ex-wife has emailed me recently telling me her new husband may be losing his job, and I know they have severe financial problems.

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Legally irrelevant. If you choose to give her a break and try to work things out without going to court, that's your option, but you don't have any obligation to help with their financial problems.

CaelanT said:

Thanks in advance for any advice. My family is at our wits end, as this has instantly had a financial impact on our lives.

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I would get at least an initial consultation with an attorney (which will be free with many attorneys). You may be able to file immediately to take action against AL to stop it before it gets any worse.

mistoffolees said:

That's a good start. You could also try sending your employer a copy of the agreements. They probably won't stop withholding, but they might.

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If the employer has a valid withholding order in hand, the only documents (legally) that can make them disregard it is a document withdrawing said order.

Zigner said:

If the employer has a valid withholding order in hand, the only documents (legally) that can make them disregard it is a document withdrawing said order.

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Yes, legally that's correct. However, as we all know, some employers ignore court withholding orders all the time and if OP can convince them that the withholding order is fraudulent, some employers might help. Personally, I wouldn't put my employer in the middle like that, but it is one of the options that OP has - which is why I included it.