How to Report Child Support Order Fraud
- 1). Familiarize yourself with the concept of child support fraud. Child support fraud involves the misreporting of income to avoid paying an appropriate amount of child support. Concerns regarding the manner in which the custodial parent uses child support funds are a separate issue and should be addressed to the family court at the next appropriate hearing.
- 2). Gather evidence that demonstrates your claim of child support fraud. Pay stubs, bank account statements and copies of your child support records can show the difference between income earned and actual payments received. Written affidavits from employers, relatives and friends stating the non-custodial parent is bringing in more income than he claims can help when you have no access to financial documents. Obtain what evidence you can, but remember to avoid breaking the law in doing so, as stolen documents are not admissible as evidence.
- 3). Draft a document detailing the suspected fraud. Write clearly and include all pertinent details, but exclude any suspicions or conspiracy theories--you should only include facts that you can corroborate with physical evidence. Include dates, times, places, full names and dollar amounts whenever possible. Sign the bottom of the affidavit and make three additional copies. Retain two copies for your records.
- 4). Create copies of your original Order for Child Support, along with any amended support orders, if applicable. Also make copies of your last six support checks and any other documents reflecting your support payments. If you can, locate a copy of your state's child support worksheet to include with your affidavit.
- 5). Submit a copy of the signed affidavit, along with copies (not originals!) of the documents and evidence you compiled, to your local child support enforcement agency. To ensure the documents arrive, use Certified Mail with signature delivery, or deliver the documents in person.
- 6). Submit the original signed affidavit, along with copies of your supporting documents, to the judge who signed your initial Order for Child Support. If you have a scheduled hearing, you can do this in person when you attend. Otherwise, contact the clerk of the family court and ask how you can submit the information to the judge for consideration. The clerk may request that you submit the information as a pleading. If she does, the clerk can explain the process for your jurisdiction when you call. The clerk may schedule a new hearing for the judge to discuss the matter if a future hearing is not already in place. You may be required to make notice of this hearing to the non-custodial parent.
- 7). Bring your copy of the signed affidavit and your original supporting documents to the hearing, along with extra copies of each. The judge may request the copies or the originals during the hearing.
- 8). Describe the child support fraud to the judge at the hearing. Use your affidavit as a guide, if necessary. Your statements should be honest and complete, as these will become a part of the court's record. Answer any questions the judge may have regarding the fraud and how it was discovered. The other parent will also have a chance to speak and provide documentary evidence; do not interrupt him while he is speaking. The judge will make a determination after hearing both you and the other parent's statements. If the judge rules that child support fraud has occurred, he may adjust the Order for Child Support to accurately reflect the non-custodial parent's income, effective immediately. He may also report the fraud to the criminal division for further prosecution, and the non-custodial parent may be subjected to fines, jail time and other punishments for committing child support fraud.