My question involves a child custody case from the State of: Virginia
My ex was charging me $630/mo for work related daycare costs as ordered in a previous court order from March 2016. I discovered in February 2018 that her actual incurred daycare costs had only been $40/ month since September 2016. I have been providing all after school daycare for my sons since December 2017, and when it occurred to me that 1/3 of what I was paying for child support consisted of those claimed daycare costs, I confronted my ex, hoping she would agree to lessen my child support by the amount of daycare costs she was no longer incurring. She outright refused to agree to reduce my support, and stated that I would have to take her to court to get any reduction.
I realize that any agreements outside of court aren't necessarily legal and binding, but from my perspective, once I confronted her regarding these overcharges, to which she literally told me "So what...sue me.", that constitutes willful and intentional fraud. In fact, I recall that she told me during the summer of 2016 that she was enrolling the boys in The Boys and Girls Club of America and that her costs would be approximately $500, which proved to be a blatant lie. I personally contacted the B and G Club and got an official tax statement for 2017, which indicated her total daycare expenses were only $1240. 2016 would have been less than half of that. My share of that $630 claimed daycare costs came out to approximately $520 monthly. I brought her to court August 22nd of this year, and the judge lowered my support from $1500 to $923, but would not or could not issue me any credit for those over-payments. By my calculations, I overpaid her for 24 months at $520/mo, equaling $12480. Subtract her actual costs, and we're still looking at over $10000.
She also did not disclose income from a rental property she had ( and to my knowledge still has) at the March 2016 hearing. I pointed out her omission to the judge, and she offered some lame excuse about how, due to the way she refinanced the mortgage on that house, she was paying PMI out of pocket, so she wasn't realizing any profit from the rent she was charging. The judge bought it hook, line, and sinker...never asked her to produce tax documents to prove her claim.
Finally, she reported in 2016 that she had lost one of her 2 jobs about 2 weeks before the hearing. As it turned out, based on her new lower income, I actually was ordered to pay MORE in child support, even though I was the one who filed the motion to modify for LOWER support. The judge should have imputed her income, but failed to do so. Miraculously, my ex obtained full time employment less than a month later, with a reported income of over $2300 per month. I did not discover this until a mediation session in June 2018. She hid this income increase from me, no doubt knowing that it would have a huge impact on the amount of support I would have to pay her.
I want to file a child support fraud case against her, but the civil district court clerk said there are no specific forms to file, and that I have to compile and present my case on my own. Do I have a case, and if so, how can I find information on HOW to file?
My ex was charging me $630/mo for work related daycare costs as ordered in a previous court order from March 2016. I discovered in February 2018 that her actual incurred daycare costs had only been $40/ month since September 2016. I have been providing all after school daycare for my sons since December 2017, and when it occurred to me that 1/3 of what I was paying for child support consisted of those claimed daycare costs, I confronted my ex, hoping she would agree to lessen my child support by the amount of daycare costs she was no longer incurring. She outright refused to agree to reduce my support, and stated that I would have to take her to court to get any reduction.
I realize that any agreements outside of court aren't necessarily legal and binding, but from my perspective, once I confronted her regarding these overcharges, to which she literally told me "So what...sue me.", that constitutes willful and intentional fraud. In fact, I recall that she told me during the summer of 2016 that she was enrolling the boys in The Boys and Girls Club of America and that her costs would be approximately $500, which proved to be a blatant lie. I personally contacted the B and G Club and got an official tax statement for 2017, which indicated her total daycare expenses were only $1240. 2016 would have been less than half of that. My share of that $630 claimed daycare costs came out to approximately $520 monthly. I brought her to court August 22nd of this year, and the judge lowered my support from $1500 to $923, but would not or could not issue me any credit for those over-payments. By my calculations, I overpaid her for 24 months at $520/mo, equaling $12480. Subtract her actual costs, and we're still looking at over $10000.
She also did not disclose income from a rental property she had ( and to my knowledge still has) at the March 2016 hearing. I pointed out her omission to the judge, and she offered some lame excuse about how, due to the way she refinanced the mortgage on that house, she was paying PMI out of pocket, so she wasn't realizing any profit from the rent she was charging. The judge bought it hook, line, and sinker...never asked her to produce tax documents to prove her claim.
Finally, she reported in 2016 that she had lost one of her 2 jobs about 2 weeks before the hearing. As it turned out, based on her new lower income, I actually was ordered to pay MORE in child support, even though I was the one who filed the motion to modify for LOWER support. The judge should have imputed her income, but failed to do so. Miraculously, my ex obtained full time employment less than a month later, with a reported income of over $2300 per month. I did not discover this until a mediation session in June 2018. She hid this income increase from me, no doubt knowing that it would have a huge impact on the amount of support I would have to pay her.
I want to file a child support fraud case against her, but the civil district court clerk said there are no specific forms to file, and that I have to compile and present my case on my own. Do I have a case, and if so, how can I find information on HOW to file?
Collection and Enforcement: Mother Claimed Exaggerated Daycare Expenses and is Hiding Income
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