Legal Question in Family Law in California

Child Support Fraud?

My S/O is paying child support, arrears plus money for childcare. His daughter is now 7 & due to custody issues & mom taking off with the child, had not been in contact until almost 2 years ago. Over the last year statements have been made by mom & daughter about the daughter not being in daycare. Is it legal to collect money for care that is not being provided?Also, prior to her finally allowing him to see his daughter she was trying to convince him to give up parental rights so her new hubby could adopt her, but she wanted a $6K payoff to ''allow'' him to do that. In return she'd drop the rest of arrears. Is this legal? He doesn't skip out on making payments, he works construction, being seasonal he goes on unemployment, she still gets 25% of his check, but going into arrears has been unavoidable. To me, her actions seem highly unethical to say the least, it's like she was trying to sell her daughter for drug money (unknown to us, she was doing meth w/hubby). If any of these activities are illegal, how do we go about having someone look into it? And, is it possible to have the money she would owe him deducted from his current arrears, as well as credit back interest? This would nearly zero out the arrears balance.


Asked on 3/04/09, 2:59 am

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Child Support Fraud?

I would suggest that you file a motion for contempt if you feel that she is breaking the custody or support order. I would also file a motion to modify support if she is no longer needing day care.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/19/09, 12:34 am


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