Questionable child support claim

[Sarro]

What is the name of your state (only U.S. law)? Missouri

What are the legal consequences of lying to obtain Child Support? Our dil filed for child support in June claiming she had been abandoned. She did not report the fact she had taken five thousand dollars from their joint account one month earlier, nor the fact that her house payment, car payment, all insurance, cell phone, electric, gas, and cable bills were being paid, along with medical insurance for her and the four children. Please explain how my son's wages are now being garnished.

 

[Proserpina]

What is the name of your state (only U.S. law)? Missouri

What are the legal consequences of lying to obtain Child Support? Our dil filed for child support in June claiming she had been abandoned. She did not report the fact she had taken five thousand dollars from their joint account one month earlier, nor the fact that her house payment, car payment, all insurance, cell phone, electric, gas, and cable bills were being paid, along with medical insurance for her and the four children. Please explain how my son's wages are now being garnished.

Because the court has obviously decided that he should support his children.

He doesn't have to pay for the other stuff - that's his choice.

If he has questions, he's more than welcome to sign up himself.

 

[Sarro]

He has been financially supporting his children by paying for all their needs. How is what I listed not considered support?

 

[Proserpina]

He has been financially supporting his children by paying for all their needs. How is what I listed not considered support?

Because the court doesn't see it that way.

He voluntarily paid for - or rather, "gifted" - those things.

He's now ordered to pay child support separately.

 

[Isis1]

He has been financially supporting his children by paying for all their needs. How is what I listed not considered support?

It is not court ordered. That's why. Sounds like dad has been avoiding support for sometime if a garnishment had to take place. Dad should pay the court ordered amount. If he wants to pay more than the amount,he is welcome to do so.

 

[Proserpina]

It is not court ordered. That's why. Sounds like dad has been avoiding support for sometime if a garnishment had to take place. Dad should pay the court ordered amount. If he wants to pay more than the amount,he is welcome to do so.

Some states do an automatic garnishment from the get-go, Is.

 

[Isis1]

Some states do an automatic garnishment from the get-go, Is.

Some do. But for some reason, I believe one of our MO seniors made some comment about MO not being one of them. Let me go check to be sure.....

ETA: this seems to imply that they do.

http://divorceline.org/blog/missouri-child-support-calculator/

So I'll concede to that point. Now I'm just buggered because I don't know why I had MO stuck in my head as not being one of those states!

 

[Sarro]

Dismayed

I'm sorry but I find some of these comments judgemental and condescending. Our son as well as my husband and I have been and still are paying all the bills and never had any intention of not taking care of the children as well as our dil. Never having walked through a divorce situation we are flabbergasted that paying the bills is looked upon as a gift rather than a means of caring for another. I came to this board asking for assistance in understanding the law, obtaining direction for gaining greater knowledge, and support not ridicule and/or judgment.

 

[tuffbrk]

The replies are factual. Dad needs to pay what has been court ordered. Anything else that he chooses to pay is just that - a choice.

 

[Zigner]

I'm sorry but I find some of these comments judgemental and condescending. Our son as well as my husband and I have been and still are paying all the bills and never had any intention of not taking care of the children as well as our dil. Never having walked through a divorce situation we are flabbergasted that paying the bills is looked upon as a gift rather than a means of caring for another. I came to this board asking for assistance in understanding the law, obtaining direction for gaining greater knowledge, and support not ridicule and/or judgment.

Did your son show up for court?

 

[tuffbrk]

What is the name of your state (only U.S. law)? Missouri

What are the legal consequences of lying to obtain Child Support? Our dil filed for child support in June claiming she had been abandoned. She did not report the fact she had taken five thousand dollars from their joint account one month earlier, nor the fact that her house payment, car payment, all insurance, cell phone, electric, gas, and cable bills were being paid, along with medical insurance for her and the four children. Please explain how my son's wages are now being garnished.

I just re-read the initial post. How can she claim abandonment? Did your son and his wife obtain a divorce? Or are they in the process of obtaining a divorce? Was custody established with child support orders placed?

Your son really needs to post.

 

[LdiJ]

I'm sorry but I find some of these comments judgemental and condescending. Our son as well as my husband and I have been and still are paying all the bills and never had any intention of not taking care of the children as well as our dil. Never having walked through a divorce situation we are flabbergasted that paying the bills is looked upon as a gift rather than a means of caring for another. I came to this board asking for assistance in understanding the law, obtaining direction for gaining greater knowledge, and support not ridicule and/or judgment.

Let me try to explain some things to you. Since your family has apparently never been through a divorce situation its not surprising that you don't understand.

When people divorce, the parent who does not have primary custody of the children is required to pay child support to the parent who does have primary custody of the children. This is simply a fact of life. If both parties decide to handle things privately, they may do so, but that is an extremely rare circumstance and generally is not in the best interest of either party. Therefore it was appropriate for your dil to file for child support, and it is appropriate and normal that your son must pay child support and that it is garnished from his wages. That is standard.

In addition to that, the marital property and debts are also divided between the parties as well. It doesn't matter who contributed more to the marital property or who caused more of the marital debts, they are still divided, usually equally.

Some things, like inheritances and family gifts are considered to be separate property, and are not divided.

Please do not get too involved in your son's divorce. It will only cause hard feeling that you will regret later.

 

[Sarro]

Questionable garnishment

There is no court order. He has a lawyer. There has been no disruption in monies/gifts in the form of financial support. She is refusing to allow the father and extended family to see the children. She lied, my question was in regards to her falsification of her financial situation. I asked what are the consequences for lying to the state. I didn't ask for judgment of the fathers character nor your opinion of my involvement. Please respond to the question and refrain from offering opinions.

 

[Sarro]

Lying to state

Please respond to my question. Is there a consequence for lying to the state?

 

[Ohiogal]

Please respond to my question. Is there a consequence for lying to the state?

Not usually, no. And it doesn't appear she lied.