Q: Can criminal charges arise from receiving child support after losing custody in NY?
In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years, during which the woman repeatedly took the father to court for support violations. Neither county knew of the custody rights' termination or the child's move. Given this scenario, could there be grounds for criminal charges due to the filings, hearings, orders, and any possible fraudulent actions taken in family court?
A: A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.
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A:
When a person continues receiving child support despite losing custody and parental rights, it raises serious legal concerns in New York, both in terms of potential fraud and financial recovery for the affected parent.
Child support is meant to provide financial assistance for the custodial parent or guardian responsible for the child’s care. If a court terminated this woman’s parental rights, she was no longer legally entitled to receive those payments. However, because the original court that issued the child support order was unaware of the custody change, the payments continued for 17 years, creating a significant legal issue regarding wrongful receipt of funds and possible fraudulent misrepresentation.
If she knowingly accepted child support payments despite having no legal custody, she could potentially face criminal charges. One possibility is grand larceny (New York Penal Law § 155.30) if the amount of wrongfully received payments exceeds $1,000. If the total exceeded $50,000, it could be prosecuted as grand larceny in the second degree, a Class C felony. Additionally, because she repeatedly took the father to court for non-payment, this could strengthen a case for fraud, as it suggests she intentionally misled the court to continue receiving support.
Beyond larceny, she could also face perjury charges (New York Penal Law § 210.10) if she knowingly made false statements in court. If she submitted legal filings that concealed the fact that she no longer had custody, she may have also committed offering a false instrument for filing (New York Penal Law § 175.35), a felony charge that applies when someone knowingly files false or misleading documents with the government.
On the civil side, the father may have the right to pursue repayment of the child support that was wrongfully collected. He could file a civil lawsuit for unjust enrichment, arguing that the funds were improperly obtained under false pretenses. However, the statute of limitations may affect his ability to recover past payments, so legal action would need to be pursued quickly if it has not already been initiated.
If this matter is brought to the attention of law enforcement or the District Attorney’s Office, an investigation could determine whether criminal charges are warranted. Given the duration of the improper payments and the repeated court filings, this situation could result in legal action if sufficient evidence exists.
This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.
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