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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30180
Experience:  Attorney with experience in family law.
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I live in North Carolina and have discovered my x husband suppressed

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I live in North Carolina and have discovered my x husband suppressed his income on child support documents and as a result, my child was awarded much less support then what should have been awarded. Is there anything that I can do at this point to get the lost support from my x husband or has my x husband simply gotten away with it.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If it's been less than 10 days since the judgment was entered, you can file a Motion for New Trial under Rule 59 of the Rules of Civil Procedure. If it's been more than ten days and less than one year, Rule 60 allows you to file a Motion for Relief from Judgment, based on fraud, misrepresentation or misconduct of an adverse party. Hiding income falls within that definition.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

I would like to add the my x is in the air force and they have their own set of rules. Also, the money that he suppressed was mostly BAH at dependent rate. So the funds that he hid was money the military pays to him because he has children to support.

If the divorce is in the North Carolina family court, the fact that he is in the Air Force shouldn't affect the outcome. You can still file a motion. However, you could also consider whether to notify the Air Force that he is receiving money for the purpose of supporting his children and hiding it from them. They would likely be interested.
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Customer: replied 4 years ago.

The child support order that the income was suppressed on happened 3 1/2 years ago. I called child support and told them that something didn't seem correct however my case worker didn't even respond. I had the case review this last month and my x suppressed his income again. I am now fighting that review. Is their any legal option that I have to recover the lost support (over 8K) or am I'm simply out of luck. If their is anything that I can do to collect this support please let me know.

You can seek an increase to the support starting now, by asking the judge to review the modification where he suppressed and hid the income and presenting evidence that he is receiving BAH for children that he is not supporting or living with and that was not previously disclosed.

You can also file criminal charges against him. I used to prosecute BAH theft cases in similar scenarios, where a person was collecting money on behalf of someone else that wasn't getting it. In addition to having a record, and likely being dishonorably discharges from the military, he will probably have to repay the money that he took. Even if you aren't able to get a judge to give the money to your children, he won't be allowed to keep it. Try talking to his commanding officers or the MPs.
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