Family Law Questions? Ask a Family Lawyer Online.
Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today.
Is the person receiving public assistance?
I'm not sure. I believe she was in the 90's but not sure now.
The mother was in prison last year for DWI. I sent the info to the NC Child Support agency along with the email from my son. The agent then notified Missouri DSS that NC would no longer enforce the order. Missouri has been notified of all of the findings. I quit paying in protest of this fraud. Missouri DSS still took $688 from my federal refund this year.
I have been defrauded out of more than $10,000.
Oh, no. That's awful.
DSS would investigate if she was also getting some sort of public assistance and there was fraud associated with that. Otherwise, the D.A. enforces child support orders.
You can report it to them.
The other thing to do is go back to the court that entered the order to request a modification, based on a material change - that the child doesn't live with her. You can then ask the judge to order her to pay back the amounts that she wasn't entitled to.
She would then have to prove that the child is living with her, which would be pretty difficult if he isn't, and he's willing to say that.
Can that be done without having to travel to Missouri? I am in North Carolina.
You can mail the papers to the court and request a hearing. You would have to appear at the hearing.
The child is married and has a child of his own.
So, he's not really a "child" anymore.
If he's willing to go to court with you, that will help.
It's different when they're, say, five or six. If he's an adult now, the judge will listen to what he has to say.
It's more complicated than that. She defrauded me in college when she told me she had a medical condition in which she could not get pregnant. Then dropped out of college, moved away and I received a request from DSS for child support when my son was 6 years old. She wouldn't let me see him and I hired an attorney in Missouri who told me the best I would get in court was supervised visitation in Missouri. I did not have the means to travel frequently to Missouri. My wife, kids and I went out to Missouri once with the agreement from the mother that we could see him. Once we got there, she changed her mind and wouldn't let us. So there has been very little contact between me and my son over the years.
That's unfortunate, but it doesn't mean she gets to just keep your money. If your son doesn't want to or can't go to court, you can try to subpoena him. Unfortunately, you can't sue her for telling you she couldn't get pregnant when she could. Under the law, a child is considered a blessing, so the judge won't say that your son never should have been born. That means that you wouldn't be able to establish damages.
I realize, it just goes to her character from day one.
It's also too late to go back that far. But the DA will investigate if she's been collecting five years of child support that she wasn't entitled to.
Life would be much better if people would reveal their character the minute you meet them. I am sorry that it happened this way.
Are you saying that if I send the DA a letter, with our documentation from NC and the email from my son that they will investigate?
They are supposed to, yes.
But it would help if you had a court order. They're busy enough that they could tell you it's a civil matter and to let the judge handle it.
What do you mean?
How can I get a court order and what should it say?
I mean, the DA has discretion to decide which crimes to prosecute and investigate, and which ones not to. So, if they feel that you could get the same relief from the family court judge, they could refuse to investigate, even thought they are the entity that would usually do it.
I thought fraud was a crime.
It is. But there's also something called "conversion" which is the civil suit against someone who took your money/
Unfortunately, I don't feel like the family courts in Missouri would be much help to me. No one so far has wanted to listen and I feel like they have protected her while she continued to perpetrate this fraud.
Then it sounds like the next step is the DA
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).