Can I sue for fraud, emotional distress etc?

[ajkroy]

Not that it is relevant in the courts eyes but just for fun...does anyone else think it is at least interesting that the mother did not choose to take any action or file for support etc. during the almost 8 years she was missing? It was not until I FOUND my daughter that she decided to file the false claims and take action?

Because she concealed my daughter...I did not abandon her...the mother knew where I was and how to reach me at all times...

Again, not necessarily relevant to the legal proceedings but compensating to a degree when considering her motives...

But wait...she couldn't have been hidden all THAT well, right? Since your wife simply looked her up on Facebook on a whim?

 

[34thebeach]

It was not Facebook...it was My Space. We had just got registered on My Space as we are not or at least were not familiar with social networks at the time. But nice try to defend the mothers actions as usual...lol...

 

[Proserpina]

I really don't care whether being told the truth that you legally abandoned your daughter offends or upsets you.

Your feelings matter not one iota. You had recourse. You didn't do what you should have done.

Go pay an attorney - because seriously, now all you're doing is whining and venting about how unfair it all is.

Frankly, I think Mom was a complete piece of brown stuff for moving like that. But you didn't do ANYTHING about it. So you're just about equally to blame.

 

[Isis1]

And by the way, you have to prove she committed fraud. If you cannot prove your documentation is official by submitting it to the COURT in the proper fashion as evidence, you have nothing. And from the looks of it, by your own wording, she still would have not committed fraud.

And no, I'm not on mom's side. I just know how the system works. I know how to walk up to the courthouse, request documents, fill them out and submit them. I didn't always know either. My first documents were handwritten. Took me three times to get it right. But I kept doing it.

 

[34thebeach]

@Isis

I have the actual canceled checks, wire transfer receipts and or bank statement or all three for each months payments showing the transaction. I am missing about 9 months of statements that I have not been able to find. I am hoping that the court will allow me to subpoena her bank statements and records...if they can go back that far...

My question of fraud...maybe not the correct term...is that she filed false statements with the court stating that I had only paid her $410 over the years. She then stood by those claims even when I submitted copies of all the checks, statements etc. to the court. For whatever reason, the court literally asked her if what I had submitted was factual and she said no. The clerk in the family services office told me that because she claimed the copies I sent could be forged and were not real that I now have to go before the judge to have him recognize the payment.Then I guess they adjust the principle balance the currently perceive to be owed and reduce the interest for what I have in fact paid.

The next step is to plead my case about the concealment etc. in the hopes of at least getting some of the interest abated. I do not see how they can charge interest on monies they have not paid and I am not going to get into my opinion that certain factors should matter. I will have to just see what the judge decides after he/she sees that I was paying my support on time in full until she disappeared. Then I guess I start paying the court for the years my daughter was missing.

If you have any guidelines to help in this process I would certainly love to have them or any suggestions.

@ Prosperpina

I would like to know seriously what you think I could have done based on what I was told by the clerk of the court when I did call? Every attorney and P.I. I talked to wanted a very large retainer which I did not have. I am not being facetious here...I really want to know what a laymen was supposed to do when he lived out of state, was not physically there to do certain things physically, and the clerk advised me to get an attorney and P.I. neither of which could I afford?

I wrote to the old address, called her family and friends that I knew and had numbers for...remember I really did not know this girl and was not in her inner circle. Her family would not talk to me and eventually their numbers were different as well.

 

[Proserpina]

@Isis

I have the actual canceled checks, wire transfer receipts and or bank statement or all three for each months payments showing the transaction. I am missing about 9 months of statements that I have not been able to find. I am hoping that the court will allow me to subpoena her bank statements and records...if they can go back that far...

My question of fraud...maybe not the correct term...is that she filed false statements with the court stating that I had only paid her $410 over the years. She then stood by those claims even when I submitted copies of all the checks, statements etc. to the court. For whatever reason, the court literally asked her if what I had submitted was factual and she said no. The clerk in the family services office told me that because she claimed the copies I sent could be forged and were not real that I now have to go before the judge to have him recognize the payment.Then I guess they adjust the principle balance the currently perceive to be owed and reduce the interest for what I have in fact paid.

The next step is to plead my case about the concealment etc. in the hopes of at least getting some of the interest abated. I do not see how they can charge interest on monies they have not paid and I am not going to get into my opinion that certain factors should matter. I will have to just see what the judge decides after he/she sees that I was paying my support on time in full until she disappeared. Then I guess I start paying the court for the years my daughter was missing.

If you have any guidelines to help in this process I would certainly love to have them or any suggestions.

@ Prosperpina

I would like to know seriously what you think I could have done based on what I was told by the clerk of the court when I did call? Every attorney and P.I. I talked to wanted a very large retainer which I did not have. I am not being facetious here...I really want to know what a laymen was supposed to do when he lived out of state, was not physically there to do certain things physically, and the clerk advised me to get an attorney and P.I. neither of which could I afford?

I wrote to the old address, called her family and friends that I knew and had numbers for...remember I really did not know this girl and was not in her inner circle. Her family would not talk to me and eventually their numbers were different as well.

What I'm going to advise you to do now - is stop for a second.

Please bear with me.

I know I've been harsh. And I'm not impartial, because my family has gone through a virtually identical situation. So it's not as if I don't actually have experience with this. I actually sympathize, to a degree, because a very close family member has been in your situation. But personal anecdotes aside...

..I STRONGLY suggest you step back for at least a day or two. Spend some time reading these forums. There are - literally - HUNDREDS of NCPS (of both genders, before we go down that route again) who have had to do it all.

Worked 3 - and sometimes 4 - jobs. Gone without TV, phone, and even transportation at times. Learned the local rules of the courts, and spent what little spare time they had left in family court seeing how it all works.

They enlisted search engines. Professional trace tools (these can start as little as $25). Private investigators.

They filed motions with the court.

Even if they couldn't find the CP, they went down to the courthouse and FILED, using the CP's last known address. They paid the filing fees.

Many literally spent years eating ramen and living in one-room apartments.

THAT'S what they did.

Not everyone was successful obviously, but none of these posters have been attorneys and very very few have had money to burn.

Even fewer could afford an attorney to even help with initial filings.

But that's what they did.

I also realize that retrospect is 20/20 vision, and there's nothing you can do to change the past.

However the truth remains - you did, by your inaction (and honestly unless you were hospitalized the entire time it really does come down to inaction), abandon your child.

Maybe this will shed some light onto things.

Yeah - stick around.

Read. Don't post for a day or two (you can always come back to the thread). Learn. Educate yourself.

 

[Isis1]

Request an audit with the courts. The judge will determine whether your bank statements are valid. Look into the banks submitting that information directly with the courts. She can't claim you falsified then if you never touched them. You will not get a reduction in the interest for the time frame you did not pay. Regardless of what mom did. Custody/visitation is not connected to support. Unless mom agrees, that money will be owed.

 

[Zigner]

I'm calling BS on the whole "I can't afford an attorney" thing. 8 years of not paying support...all that money would EASILY have paid an attorney.

 

[CSO286]

In addition, if you are truly poor, there are forms out there that allow you to as that your court fees get waived. In my state, the form is called an In Forma Pauperis, however if you simply requested a fee waiver at Court admin, they would know what you are seeking.

When you don't act on the information/events, then you are saying that whatever happened/was done is ok by you.

Mom drops off the face of the earth with the child? If you do not file contempt or for custody right then, then you are telling the courts you are fine with it.

You never took any legal action when mom pulled her stunts.

And if my ex ever took off with my child? You can bet I'd more heaven and earth and go through every circle of hell to bring my child home.

 

[Willlyjo]

In addition, if you are truly poor, there are forms out there that allow you to as that your court fees get waived. In my state, the form is called an In Forma Pauperis, however if you simply requested a fee waiver at Court admin, they would know what you are seeking.

When you don't act on the information/events, then you are saying that whatever happened/was done is ok by you.

Mom drops off the face of the earth with the child? If you do not file contempt or for custody right then, then you are telling the courts you are fine with it.

You never took any legal action when mom pulled her stunts.

And if my ex ever took off with my child? You can bet I'd more heaven and earth and go through every circle of hell to bring my child home.

Maybe you'd even skydive without a parachute eh?

 

[musicman654321]

@Isis

I have the actual canceled checks, wire transfer receipts and or bank statement or all three for each months payments showing the transaction. I am missing about 9 months of statements that I have not been able to find. I am hoping that the court will allow me to subpoena her bank statements and records...if they can go back that far...

My question of fraud...maybe not the correct term...is that she filed false statements with the court stating that I had only paid her $410 over the years. She then stood by those claims even when I submitted copies of all the checks, statements etc. to the court. For whatever reason, the court literally asked her if what I had submitted was factual and she said no. The clerk in the family services office told me that because she claimed the copies I sent could be forged and were not real that I now have to go before the judge to have him recognize the payment.Then I guess they adjust the principle balance the currently perceive to be owed and reduce the interest for what I have in fact paid.

The next step is to plead my case about the concealment etc. in the hopes of at least getting some of the interest abated. I do not see how they can charge interest on monies they have not paid and I am not going to get into my opinion that certain factors should matter. I will have to just see what the judge decides after he/she sees that I was paying my support on time in full until she disappeared. Then I guess I start paying the court for the years my daughter was missing.

If you have any guidelines to help in this process I would certainly love to have them or any suggestions.

@ Prosperpina

I would like to know seriously what you think I could have done based on what I was told by the clerk of the court when I did call? Every attorney and P.I. I talked to wanted a very large retainer which I did not have. I am not being facetious here...I really want to know what a laymen was supposed to do when he lived out of state, was not physically there to do certain things physically, and the clerk advised me to get an attorney and P.I. neither of which could I afford?

I wrote to the old address, called her family and friends that I knew and had numbers for...remember I really did not know this girl and was not in her inner circle. Her family would not talk to me and eventually their numbers were different as well.

Thank you for the post, it clears up things. Your not going to like this post though..

Can you sue: I don't think so...

Why: 1) because you had your day in court
2) you have no way of showing that she KNOWINGLY lied .. 8 yrs is along time ago & she might actually only remember a couple if hundred dollars.

You gave the court the documents; the court looked at them and made a determination as to their veracity (that is his job). You cannot now claim that the judge came to a bad decision ~ his decision was based partly on what you yourself gave him (uncertified/unverified documents).

Your outta luck on this aspect of the case.

 

[CSO286]

Thank you for the post, it clears up things. Your not going to like this post though..

Can you sue: I don't think so...
Why: 1) because you had your day in court
2) you have no way of showing that she KNOWINGLY lied .. 8 yrs is along time ago & she might actually only remember a couple if hundred dollars.

You gave the court the documents; the court looked at them and made a determination as to their veracity (that is his job). You cannot now claim that the judge came to a bad decision ~ his decision was based partly on what you yourself gave him (uncertified/unverified documents).

Your outta luck on this aspect of the case.

Anyone can sue for anything. The question is whether or not they will be successful.

Please, stop typing.

 

[Isis1]

Thank you for the post, it clears up things. Your not going to like this post though..

Can you sue: I don't think so...

Why: 1) because you had your day in court
2) you have no way of showing that she KNOWINGLY lied .. 8 yrs is along time ago & she might actually only remember a couple if hundred dollars.

You gave the court the documents; the court looked at them and made a determination as to their veracity (that is his job). You cannot now claim that the judge came to a bad decision ~ his decision was based partly on what you yourself gave him (uncertified/unverified documents).

Your outta luck on this aspect of the case.

Actually you are wrong. You don't read very well. All this. Was never taken to court. All this, was back and forth between the OP and the Child support agency. He has recourse to get the records straight with the court. He just needs to get himself before a judge.

 

[Zigner]

Actually you are wrong.

MM has that down PAT!

 

[musicman654321]

Actually you are wrong. You don't read very well. All this. Was never taken to court. All this, was back and forth between the OP and the Child support agency. He has recourse to get the records straight with the court. He just needs to get himself before a judge.

he said JUDGE in his last set of posts ... "the court said" ... if he has not been to court yet then its an open question for a court to decide.