Q: Can I recover my child support payments if I have evidence to prove that my child’s father committed food stamp fraud?
The reason why I was placed on child support by the department of revenue is because my children’s father applied for food stamps. There was no custody agreement nor order. The children resided with me at my residence 365 days out of the year every year. To which he admitted to in court during a child support hearing. I also now have copies of his tax returns to show that he has been fraudulently applying for the food stamps that he has been filing for. Which are the reason I have been on child support. When I asked department of revenue why I was on child support or why he was approved for the food stamps if the children lived with me 100% of the year they said they had no answer to my question. During the hearing DOR openly kept adjusting the percentage of time the children stayed with the father so that I can still pay child support. And I quote from the transcripts. By DOR rep. “ Judge im going to keep adjusting the percentage because it still says the mother shouldn’t be paying”.
A: Depending on the timing of the order it is possible that it can be appealed. You have asked a complex question with a lot of variables. You should definitely make sure that you are not paying child support now. If you can prove to the court that the children are with you full time then you should not have a child support obligation. Speak with a local family lawyer for more specific advice.
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