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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114799
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In the area of child aid how would the mother commit fraud

Customer Question

In the area of child aid how would the mother commit fraud when I have custody or even if it was 50/50 I have not paid support in years then all of a sudden they are talking 300.00 a week out of my check until the 9000.00 is paid back
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please clarify what you are asking?
You are being made to pay child support when you had physical custody of the child and the mother did not have physical custody or more than 50% physical custody?
Or is the $9000 for other arrears for a time when the mother had physical custody?
Can you please clarify this because based on your one simple statement above it is not possible to understand what you are asking?
Customer: replied 10 months ago.
The nine thousand is for the last year and a half. She filed for child aid and now after some kind of audit they started talking 300.00 a week out of my check I have not paid support for years i am the custodian of the child nothing has changed she never even finished her drug and alcohol classes
Customer: replied 10 months ago.
The answer is yes
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

So she went to court and lied saying that she had physical custody of the child when you had the physical custody, is that what you are saying?

Did you file an objection to support in the court yet?

Customer: replied 10 months ago.
She told child support I guess.and yes I go on 7/7/16. She had to lie about something to get the child aid and now they are after me for the money she has received for the last14 months 300.00 a week taken out of my check.she won't get a job she thinks everything should be handed to her she has even let other people write my son off for taxes instead of me see where I am going with this one of my workers had the same thing happen to him she got nailed in court for it.
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

First off, she is entitled to compensation for child support only if she has physical custody of the children. If she did not have any physical custody, then you would need to bring that evidence to court and she will not only get forced to repay the money, she could be charged with perjury and also possibly with fraud and could be sentenced to jail as well.

At this point you need to bring your evidence to court showing you have had the child at least 50% of the time and that as such she has no legal entitlement to child support and upon proving that ask the court for sanctions for her lying to the court and filing a false claim. I would also suggest you use an attorney to represent you to make sure you nail her good so that she cannot come back later to try to do this again.

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