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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111605
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If the mother of my children(which all live with me) were to

Customer Question

If the mother of my children(which all live with me) were to go behind my back with her mother and file for child support and uses her mom's address. Also said I'm around my kids 0%, all without my knowledge.. does this fall under fraud? If so how would I go about it? I'm currently being sued for $555 a month when I support my children already.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 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.
Yes, if you have proof that the children live with you and the mother is trying to get support, this is fraud and it is basis for filing a motion to dismiss the support action and also for sanctions for filing a false complaint and seeking attorney's fees against her for doing so. You need to file a motion to dismiss and attach proof the children live with you and you need to ask the court for sanctions for her filing the frivolous legal action with false information and ask them to pay for your costs and legal fees as well as to award you sanctions for her frivolous filing.
Customer: replied 11 months ago.
Ok, the most recent paperwork I was served with were "declaration for amended proposed judgment".. do I answer to this first or file the motion to dismiss? Or both at the same time?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You need to file an Objection and Motion to dismiss as your response to the declaration for amended proposed judgment (one document, that is the title). You would state in there that the suit is frivolous as the children reside with you and not at the address claimed and that you pay for all support for them already.
Customer: replied 10 months ago.
This is a Riverside, CA DCSS case in family law, They don't have any forms like that.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
It needs to go on a blank motion form (not everything in CA is done by cookbook preprinted forms I am afraid). It is still a motion to dismiss that you need to file.

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