Fraudulent filing for support - consequences?

[NVdad]

What is the name of your state? FL NV

My ex filed for support using a 1999 divorce decree that as been superseded by several support orders, the latest being 2004, stating "Neither party shall collect support"

My ex didn't find it convenient to include these court papers with her request. I spent a lot of time phoning and faxing, and I did get it stopped before my wages were garnished. She is trying to cripple me financially so I can't fight custody.(I was showing over $2500 arrears on her word only!)

Now, my Question:

Will there be any sort of punishment for her? Do I have to force the issue somehow to get someone to punish her? This was an obvious attempt at fraud. I know if I tried to STEAL someone elses money, I'd sure get punished when caught!

 

[brisgirl825]

I think someone already told you on the custody/visitation board that COs change. It's not a law set in stone, that will never be amended. Just as your ex has the right to petition for custody, she has the right to petition for cs. That doesn't mean that either will happen but she has the right to try and either be granted or denied by the judge.
When and if you get your child back, you too, should petition for CS. Just as much as it's your responsibility to financially support your child, it's hers as well.
Good luck.

 

[NVdad]

you missed the point?

I forgave her arrearages and >DURING THE YEAR SHE HAS THE KID< I will owe no support. The year isn't over. she filed to collect ARREARAGES from me for the past year.

SHE used an old document to claim support she isn't due. that is FRAUD. it's not like she went to the court, said she needed support, they find out how much I make and they garnish my wages. that MIGHT be legal.

 

[LdiJ]

I forgave her arrearages and >DURING THE YEAR SHE HAS THE KID< I will owe no support. The year isn't over. she filed to collect ARREARAGES from me for the past year.

SHE used an old document to claim support she isn't due. that is FRAUD. it's not like she went to the court, said she needed support, they find out how much I make and they garnish my wages. that MIGHT be legal.

In order for her to be "punished" a DA in FL would have to be willing to file criminal charges. Its extremely rare for a DA to be willing to file criminal charges regardings things that happen in custody/child support battles....particularly when its something that the person didn't get away with.

I am personally familiar with many cases where a parent or grandparent did things that were even far more criminal than what your ex did...and despite diligent effort if was impossible to get a DA to agree to prosecute.

However, if you are able to enforce your court order you can also ask that mom be held in contempt of the order.