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I am the legal custodial parent (has a minimum of 183 days a…

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I am the legal custodial...
I am the legal custodial parent (has a minimum of 183 days a year) in a shared custody arrangement. I am required to pay the non-custodial parent child support because i make more money. The non-custodial parent initially misrepresented the situation resulting in a large incorrect amount largely based on daycare expenses her claiming to be the sole custodial parent. I have been told that because at the time it was ordered custody was not yet legally established that i still owe that amount. Recently I have uncovered proof that the daycare expenses were completely fabricated (the person listed as the daycare provider has sworn under oath that they never performed these duties or recieved any money). Does this fraud justify termination of the original order or at least a credit of the difference for overpayment. What should I do if anything?
Submitted: 2 years ago.Category: Family Law
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2/17/2016
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,575
Experience: Practicing Attorney with 10 years experience
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Yes, I think this new evidence would fall under the substantial change in circumstances test. Furthermore, demonstrating that a fraud was perpetrated on the court could result in the judge even awarding you more custody and child support. I think you should certainly file for the modification and if the other parent had an attorney, file for sanctions against that attorney for this.

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Customer reply replied 2 years ago
I should have been more clear but I did get the original amount reduced. initially i was ordered to pay $1372 monthly by DCSE but i requested a modification by the court and it is now $287. from June until November i paid the incorrect amount. Custody was legally establish September 2 but I was told that i could not get back pay because they had the modification stating that it wasnt served until October 15th. I was granted an arrangement to pay 2 months of arreages monthly, but a lien was still placed on me and it was withheld from my tax return. Does the new information about the fraudulent claim for daycare expenses now entitle me to recoup some of that money? What motion/ action do i need to take?
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

Actually, I'm glad you told me that, because I used to work in the Texas Child Support government agency and overpayments even by error were generally considered gifts and you do not usually get credit. I do still think you should file a motion to modify or motion for sanctions against them for the fraudulent conduct.

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Customer reply replied 2 years ago
Can you elaborate on what the motion for sanctions are? Also i read a code in Virginia law that states that support orders established by fraud are considered void. Effectively all of the cases that I read that used this were pertaining to paternity, and in any event if it did become void as you mentioned it could potentially do nothing to get me a credit since the overpayment would be determined a gift (do you know if that is specific to Texas only?). My daughter is 1 and because i work a 4 on 4 off schedule with 12 hr shifts and a 3 hr commute time, paying the $287/month and having shared custody where she is with her mother on days I'm scheduled works best for me; However, down the line when I am likely working Monday-Friday and my daughter is in school can I use this to my advantage to win full custody or is it something that is time sensitive?
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

The motion for sanctions would be against the attorney if he had one, but not against him. For him, you would be asking the judge to set aside the order and set a proper amount and release any arrears. I think you should raise the issue now, though you could not necessarily bring it up as a legal issue again, you should show that this is the type of conduct he engages in if you were to seek in custody.

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Customer reply replied 2 years ago
No attorney but perhaps the Virginia DCSE? that is with whom the initial order was requested. I appealed the order based on custody, the fact that she is on my healthcare, and that the daycare expense were questionable but lost without any explanation until got it put in the city courts hands. would sanctions on that office or case worker work the same way?
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

You might be able to get sanctions (which is really just like a fine) against that office's attorney if they had one.

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Customer reply replied 2 years ago
Ok. If the proof of the fraud comes as a result of the claimed daycare provider being reported for suspected unreported earned income to the IRS is their testimony subject to some form of confidentiality or is it public record? Should i depose them? should i have deposed them first?
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

How dis you get this information? Would you like to do a phone call for an additional charge? It would allow you to explain the entire situation so I can provide the correct information to you.

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