My exfiancee and I have two children together. After our break up she brought me to court in California for child support. I was already paying (800.00 per month) her but she wanted more. After the judge ordered me to pay $1288 per month she sent the children off to live with her aunt, but she never gave her aunt the full amount of child support. She at most gave her $400. Her aunt received legal guardianship from the state of Massachusetts. My ex has been collecting child support without having custody, and hasn't given a cent to her aunt to care for our children. In addistion there was a time she lived with her aunt in Massachusetts and fild for public aid for the children. She lied to the clerk and on the form claimiing she wasn't receiving child support when she was. I am currently locked in a custody battle with her and she is basically using my child support payments to pay for her lawyer.

If she filed for aid for the children in Massachusetts and the circumstances were fraudulent you need to contact the folks at the State of Massachusetts and report her. They will take action against her. How do YOU know she "lied on the form claiming she wasn't receiving any child support when she was"? Did she tell you or you're guessing about this?

Where was the original order from? Something just doesn't sound correct here.

You bring this all up with documented proof to the court where you are applying for custody. If what you say is factual and can be proven you stand a good chance of getting custody (include attorney fees in the suit).

Once you get custody, it will be up to the court to pursue criminal actions against her.

The order is from California. I asked them who my child support was going to and they said the mother. I notified them that she no longer has custody and they said that she is committing fraud.

They just never told me how I go about reporting her fraud and bringing charges against her.

The aunt has a copy of the application because when she applied for guardianship and was granted she became the recipient of those benefits for my children.

First, please do not use the Comments feature for follow-up. That's not what it's there for. Please use the Answer options.

Like I said, you need to concentrate on the custody battle. Your primary goal is to get your children back. If you achieve that goal, then prosecuting the ex for fraud is secondary. It wouldn't matter whether she's prosecuted or not. Do you really want to send the mother of your children to jail?

When you originally broke where you awarded joint legal custody? Do you have documentation of that? The aunt seems to be cooperating with you. Is she willing to turn the children over to you? If so, as long as you have paperwork giving you joint legal custody, then I see no reason why you can't just go to MA and bring the children home with you. Your custody paperwork trumps the aunt's guardianship papers. With the children with you, it strengthens your case. You then file for an ex parte hearing to suspend child support.

Do I want to send the mother to jail? Still up in the air on that. Not because of the fraud, I just need to know how to report it to help solidify my case. Now for the abuse, neglect, and torment she has put our children through, I wouldn't say jail, but she needs to get help albeit a drug rehab or a mental health facility. When we split there was no custody order ever put in place. When we split I was deployed to Iraq, then Afghanistan, then Back to Iraq. Upon returning home I tried to contact her, to no avail. Her number was changed, and she no longer lived at her previous address. The aunt is on my side, when she petitioned for custody she asked the mother for my contact information. She refused to give it to her, referring to me as a sperm donor. After seeing how the mother neglected the children and didn't take care of them. I eventually found out they were living there and called her. She said that she will only consent to terminating her guardianship if it's in my care. While my focus is on the custody, I can't add that to my case unless it has benn reported as fraud. Though I have proof of the fraud I haven't been pointed in the right direction to have it properly reported so as to not maake it a he said she said scenario. Though I want custody of my sons, my main focal point is to ensure that they are in a good home, and well taken care of. I know that the mother doesn't fit that role but instead of reporting her to many people have tried to correct her faults by covering them up.

I don't understand how you need to report the fraud to obtain custody. You are the legal father, correct? That has been established. If that is the case, all you need to do is go pick up the children. If the aunt will work with you that's all that needs to happen.

This puts the ball in the mom's court. If she wants to regain custody, she will have to go to court to do so.

Scott: The mother beat me to the punch in filing a petition to remove guardianship and assume custody. I had to have myname added to the birth certificate brfore I could do so. Now that that is done I have to stave her attemps and object to her assuming custody. To bolster my case of her lack of jusdment over the years the fraud needs to be reported or it's a he said she said scenario. The truth will come out during the litigation and discovery process but without it being reported it may get tossed to the side as they will ask me how come I didn't report it. I may just need toget a loan and hire a lawyer for this as I am green behind the ears in terms of family law. So many states have different laws and policies that for someone like me It is all so confusing and I don't want to loose the cance of having my sons live with me in a safe loving home due to my lack of knowlwdge and inexperience.

Ahh, I don't think you mentioned earlier that she had filed. That does change things a bit. But I still stand by my earlier advice. Forget about reporting the fraud to the authorities at this point. Use the proof you have to show that the mother is unfit and has tried to be rid of the child.

I would definitely try to get some direct legal advice, but you might try exploring a local law school. Many have clinics run by students who can prepare the paperwork for you and help you plan strategy at little or no cost.

Good luck and keep us posted.

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Originally Posted by jwrodgers

... It is all so confusing and I don't want to loose the cance of having my sons live with me in a safe loving home due to my lack of knowlwdge and inexperience.

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Originally Posted by ScottGem

... I would definitely try to get some direct legal advice, but you might try exploring a local law school. Many have clinics run by students who can prepare the paperwork for you and help you plan strategy at little or no cost.
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Are you still on active duty? Some JAG offices will give some help, as I recall.

Just in case you don't know, it appears that under the Uniform Child Custody Jurisdiction and Enforcement Act, any action you would bring for custody might have to be filed in Massachusetts (although Massachusetts reportedly hasn't adopted the UCCJEA, as such, it has a similar act in place).

I am no longer on active duty. I got out in 2008 to focus on building a relationship with my children and them getting to know me. I got a lawyer last night. She reduced her rate because of my military service. The fact that she knows my ex's attorney and the tactics she would employ set me at ease as she has already explained some of the tactics that have been used already. My case is being heard in Massachusetts, well the custody case at least. I am going to California next month for an exparte hearing to have the child support stopped, and reroute that money to the guardian of my sons. As Scott recommended I'm going to let California and their legal system deal with her. In any case I just want custody of my boys so that they can have a safe loving home.

Good luck and keep us posted.