Legal Question in Family Law in South Carolina

Can a district attorney audit childsupport and fraud ?

Child support based on two salaries and daycare that the motherobtained in order to acquire more money.Then stops working.Can the district attorney audit this as fraud.The child is here for a week with no clothing.THE father has to purchase coats shoes and clothing in addition to 9O.OO a week for support.This has been a seven year problem.Father earns 8.25 an hour.Thank-you


Asked on 12/16/97, 3:36 pm

1 Answer from Attorneys

Robert Friend Robert H. Friend, Attorney at Law

Child support, fraud, etc.

In my state (NC) I would be tempted to have the father report the situation to the Dept. of Social Services and let them investigate why the child has no clothes, etc., especially if the father has an appropriate place for the child to live and can take custody. Otherwise a custody battle can be extremely messy and expensive. Of course, it can be really messy through DSS too, but at least it may be less expensive to the father. In NC the father probably should file an action (which in NC he can do without an attorney) to have his child support modified, especially if he is going to take custody. If he doesn't want to take custody (in NC), he might be unwise to complain. By the way, fraud is very hard to prove, so the district attorney may not want to fool with it. And criminal fraud (which is what the DA does - criminal stuff) would simply get her put in jail or fined or both. Is that your intention? In my state this, again, sounds more like a DSS (child neglect) problem.

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Answered on 12/17/97, 1:39 pm


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