Maplewood, NJ asked in Child Support for New Jersey

Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

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2 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: I gather your former spouse filed an application with the court claiming that she had a child care expense of XX per month and asked that in the child support guidelines analysis used by the court, that it include an obligation for you to pay your share of that child care cost and now you have learned that she is not incurring that cost.

I don't know if this change ( non- child care cost) occurred as a result of Covid or whether your child was not going to this child care facility prior to Covid or going to a lesser costing child care setting but you have a right to file an application with the court with your "proofs" as to the non-payment of a child care cost ( or a lower child care cost) and ask the court to recalculate your child support obligation. The biggest issue will be whether the non-existence of this childcare cost predated Covid and in that setting, you have a right to ask that the recalculation be made retroactively based on your proof of this fraud. If your claim is that because of Covid, the child care facility is closed and she is not currently paying for child care, that is a very different setting and will not be viewed as a fraud since it impacted a million other people who have been forced to work from home or scramble to find help with child care ( since their child care program is shut down currently).

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sorry to hear that your encountering difficult with the other party meeting child support and other child related expenses. It’s not clear from your question whether there is an existing court order for support of if one needs to be established. A motion can be filed with the court to enforce prior orders or establish support. Additional information is required to better assist you and I suggest that you meet with an attorney so that he/she can offer you guidance with this issue.

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