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-   -   Is it legal for mother to refuse child support from father? (https://www.askmehelpdesk.com/showthread.php?t=792296)

  • May 17, 2014, 09:21 PM
    joeblow1910
    Is it legal for mother to refuse child support from father?
    Caseworker instructs mother to return all checks received from father. This justifies mother's eligibility to receive TANF, food stamps and medicaid. Mother falsified government document saying she received no support from the father. Is this not illegal?? I contacted the Governor of that state but no response.
  • May 18, 2014, 04:43 AM
    ScottGem
    Do you have copies of the checks with proof they were returned? Is there a court order for support? What states are involved?

    Why go all the way to the governor. What else have you tried first? It may be perjury to falsify a government document. And I rather doubt that a caseworker advised someone to lie, what proof do you have of that?
  • May 18, 2014, 05:54 AM
    J_9
    Most likely the governor is too busy for something of this nature. You need to start at a lower level.

    Is there an order for support? If so, you contact your legal counsel for advice on this matter.
  • May 18, 2014, 04:47 PM
    joeblow1910
    Quote:

    Originally Posted by ScottGem View Post
    Do you have copies of the checks with proof they were returned? Is there a court order for support? What states are involved?

    Why go all the way to the governor. What else have you tried first? It may be perjury to falsify a government document. And I rather doubt that a caseworker advised someone to lie, what proof do you have of that?

    Yes I have all 6 checks marked refuse/return to sender. Further, the mother appeared in the West Virginia court and told the judge and the public assistance lawyer that the caseworker told her not to accept any money from the father. As a result she became eligible to receive welfare check. She also certified that she never received any money from the father. I am now paying $447.00 a month because the mother is not working.

    I sent the letter to governor in hopes that he would forward it to the district attorney resulting in an investigation. I think this falls under fraud waste and abuse?
  • May 18, 2014, 05:34 PM
    talaniman
    I don't think you got the story right, and should have gone to court or talked to the child support division yourself. Its not too late if you are sure that's the route you want to go.

    Is this the story she told you, or is this just your suspicion?
  • May 18, 2014, 05:46 PM
    dontknownuthin
    Most states have a department for receiving and distributing child support payments. A garnishment arrangement is set up with the payor's employer, who makes the payment to the state. The state then pays the payee. It's all on record. I think paying through the state is a great option to circumvent her attempted fraud.
  • May 18, 2014, 06:51 PM
    joeblow1910
    Clarification: I sent checks to the mother for 6 months before the courts got involved... However, the caseworker instructed the mother to return each check... this allowed the mother to be eligible for welfare and allowed her to continue to receive a welfare check.
    West Virginia's policy documents states... if the mother receives money from the father she is to send it to the welfare office. Instead she returned each check to me.

    I was at the court hearing and the mother told the judge and the public assistance lawyer that the caseworker told her to not receive any money from the father... again this was before the court hearing date...
  • May 18, 2014, 08:01 PM
    talaniman
    Let this go man, so your baby mama doesn't go to jail(?). You saved 6 months loot, and now have an order of support in place. What difference does it make? Why een make this an issue and why are you willing to go to such lengths.

    Hope you get visitation.
  • May 19, 2014, 03:47 AM
    ScottGem
    OK, now you are telling a slightly different story. You were sending checks prior to a court order. Under those circumstances, I can see the caseworker telling her not to accept them until the court ordered support. If you were at the hearing why didn't you make the court aware that you had been sending money?

    But I tend to agree with talaniman. The court seems to be aware of most of the facts and has ruled on support.
  • May 19, 2014, 06:01 AM
    Fr_Chuck
    Before the court order, this is not really child support due. And she can return the checks.

    Once the court order is in place, you can demand that it be paid though the courts. Where she has to accept it.
  • May 20, 2014, 05:02 AM
    joeblow1910
    Quote:

    Originally Posted by talaniman View Post
    Let this go man, so your baby mama doesn't go to jail(?). You saved 6 months loot, and now have an order of support in place. What difference does it make? Why een make this an issue and why are you willing to go to such lengths.

    Hope you get visitation.

    You are right... I think I needed to just get it off my chest... Thanks

    Quote:

    Originally Posted by ScottGem View Post
    OK, now you are telling a slightly different story. You were sending checks prior to a court order. Under those circumstances, I can see the caseworker telling her not to accept them until the court ordered support. If you were at the hearing why didn't you make the court aware that you had been sending money?

    But I tend to agree with talaniman. The court seems to be aware of most of the facts and has ruled on support.

    Thanks for all the responses... I think I needed to get it off my chest and move on... All your responses have helped me to move on...

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