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Child benefits fraud.

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kiloamon

Guest
What is the name of your state? Illinois

I would like to know what is the penalty for recieving government benefits for a child that you do not take care of in your home? I have bought all of my sons clothing, food, toys etc. While paying child support. To make a long story short he lived with me. She got angry and took him and wont let me see him. I need to know the penalty for this and what should I do? I recieved NONE of his benefits at all.:mad:
 


nextwife

Senior Member
If you had legal custody, then why were you ordered to pay support? If she had transfered custody to you, you should have filed for a modification to the CS to reflect this reality. If she has legal custody and is violationg your court ordered rights to visitation, then document it and hauk her into court on contempt.

If she has legal custody, she is not required to documnet how she spends the money. If you have no visitation schedule, file for one or for jt. custody.
 
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K

kiloamon

Guest
You are missing the point.

This question is plain. I do not have custody she does. I was paying child support while she was recieving pulic aid. She was recieving WIC, Foodstamps, Medical card, and child support. I was paying without knowing the law. I'm trying to see if that is illegal because I thought that it would be considered fraud. The question is nothing more or nothing less. She had custody and I'm trying to get visitation now.:confused:
 
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hexeliebe

Guest
No, you are missing the point. You have stated that the child lived with you. How long? Did your ex have legal and physical custody? Is there a valid court order? In which state was the order issued?

As for your questions, the answer is yes and no. Simply put, you have given not enough information for anyone who knows the laws of this country to give a valid answer.

Now, drop the attitude and come back with more information. We don't do blanket questions. We only deal in specifics.
 

haiku

Senior Member
Re: You are missing the point.

kiloamon said:
This question is plain. I do not have custody she does. I was paying child support while she was recieving pulic aid. She was recieving WIC, Foodstamps, Medical card, and child support. I was paying without knowing the law. I'm trying to see if that is illegal because I thought that it would be considered fraud. The question is nothing more or nothing less. She had custody and I'm trying to get visitation now.:confused:
WIC foodstamps and certain forms of state medical aid do NOT require the child support payer to pay through the state.

All of these programs are income based, and do not have to be reimbursed, unless there was fraud involved, as long as mom listed the support you paid as part of her income, there was no fraud involved.
 
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kiloamon

Guest
The answer.

What I discovered was that whoever the child is living with should be the one recieving the benefits. Also the other parent is suppose to be paying the child support. You can not recieve benefits for a child that is not living with you. That is fraud. And the child was living with me.:eek:
 
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hexeliebe

Guest
Since you either refuse to answer or can't read simple English, I am done with you.

Also, don't pretend to come here and TELL this forum you know the law. First, if you did, you wouldn't need this forum and second, you are wrong.

good bye.
 
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kiloamon

Guest
I'm sorry.

I had to make several phone calls and I asked the question. They told me these things themselves. I called this number 1-800-843-6154. I didn't mean any harm. But these people said that it was fraud and my situation is just as plain as written like I told them. You can go to jail for fraud and or pay the money back.

Once again I'm sorry.:(
 
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hexeliebe

Guest
Why do you STILL refuse to answer the questions I posted to you? Do you even read the replies you get.

As for 'these people' saying it was fraud, of course you're talking about an attorney, Legislator or a judge, not some office worker in some government building who wouldn't know a law unless it was in a book that fell on their head.
 

Seanscott

Member
kiloamon - I have a friend who was in a situation similar to yours. His ex-wife had custody, but the kids lived with HIS parents. My friend quit paying support to his ex, and she took him to court and won back support.
When my friend asked why he should have to pay support when she doesn't have the children, and the judge informed him "Because that is the court order".
If you have been paying support, and your ex doesn't have the children, you have to go to court and get the order changed.
It is not fraud, or contempt of court, until she violates the court order. She has not "legally" violated a court order until the judge says so. You have to go to court if you want you support situation altered.
 
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kiloamon

Guest
My child.

Hes 3 yrs. old and has been living in my home all the way up until' 9/4/03. And during this time I have been paying the child support and spending all of my money on his clothing, toys, food etc. while she kept the benefits. I should have been more clear but this situation has me really upset and is deeper than this. I sincerely appologize I'm just frustrated.:(
 

dequeendistress

Senior Member
why did you not have legal physical custody of the child then? Or during the time that you had the child at YOUR home, why did you not file with the courts to reflect this? If a credible source advised you that the mother had committed fraud, then why did that credible source not tell you how to file on this or take the complaint and begin the investigation process?


OHHHH I see you were the same one with the question on the restraining order---and obviously are not revealing the WHOLE story.

Signed~waiting on the law book to hit my head
 
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Seanscott

Member
If you can prove that the child lived with you all that time, then go to court ask the judge to order your wife to repay you for the support money you sent over that time. You may get it - you may not.
You WILL have to go to court to get your situation changed.
 
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hexeliebe

Guest
If you can prove that the child lived with you all that time, then go to court ask the judge to order your wife to repay you for the support money you sent over that time.
Sorry sean, although you mean well, this is false. HE WILL NOT get any back support, even if the judge changes the order. Judges, courts and those affected by a court order are legally bound to abide by the same laws.

A judge cannot retroactively change a court order.

As others have told this poster, the only option he has at this point is to return to court to get the support order changed to reflect support is to be paid during the time the child does not reside with the father.
 

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