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-   -   Fraudulent claim for child support (https://www.ottawadivorce.com/forum/showthread.php?t=21416)

uptohere2017 10-24-2017 01:23 PM

Fraudulent claim for child support
 
Finally a win! After 2 years of paying child support for my child that was no longer considered a dependant, the judge terminated child support. I have overpaid for 2 years and she now has filed a motion to increase child support for the other child who is in university. She fraudulently stated that our child was still dependant on her FOR TWO YEARS when she was not. I want to get that money back or be applied to the support for my other child. My 3 years of tax returns state I make less than what I am paying child support for but she had it imputed before and I'm sure she will try it again. It has been several years since the last Order and she has not sought to bring me back to court because she knows I make less than what is imputed. Now that the support has been reduced, she's on the warpath for more money. I'm filing a response to her motion to change. Any advice?

rockscan 10-24-2017 01:32 PM

You calculate what you owed and what was paid. You show your true income with proof. You request to have her motion dismissed and the overpayment of child support applied to your support obligations.

uptohere2017 10-24-2017 02:08 PM

What do you think the odds of having that order granted?

rockscan 10-24-2017 02:41 PM

There are a number of factors that may have an impact. These include:

1. Why was your income imputed?
2. Have you had time to demonstrate that the imputation is no longer relevant to your financial situation?
3. How was she successful in imputing your income and does she have the same argument?

You were obviously successful in getting the fraudulent cs changed. If you are concerned she can go after more cs by imputation you may have knowledge of her success from before. If you can demonstrate you are in a field that works and are continuing to meet your obligations, you could argue there is no longer a need to impute.

Theres some details missing from your post. I cant comment on success or not because Im not a lawyer, I dont know the full details and it all depends on the judge.

rockscan 10-24-2017 02:44 PM

You should also remember that she can be on the warpath for money all she wants. That doesnt mean she will get it. This is all dependent on the facts—your income, childs status, costs for school and amounts owing.

My partners ex is claiming cs she is not entitled to, expenses she has no proof for and costs she cant back up. As his lawyer said, non eligible, no proof and children that arent entitled dont matter.

Make sure you request costs through everything!!

uptohere2017 10-24-2017 03:53 PM

I am self-employed but the court has imputed income for me that is almost 1/4 more than what I actually make. My tax returns for the past 3 years are less than what the court imputed for me in 2007. Unfortunately, I had to leave my job because of harassment by my ex. Even tho I submitted proof from my then employer that she had faxed and phoned my place of business and harassed me, the judge didn't care and stated I was willfully underemployed and imputed income based on her say-so. She's been on a vendetta since I remarried. Anyway, her argument is that she hasn't tried to take me back to court since 2011 to try to collect more money because she couldn't afford it and didn't know where I lived and didn't know my financial info. All lies. She has never provided me with a receipt or anything else for what she claims I owe for S. 7 expenses. She was able to collect these through FRO but didn't send them anything either. It's a bit of a stretch after 7 years to come back and look for retroactive child support as soon as I had CS terminated for one child. I also need to have the motion date of November 30 adjourned. I only have a week to answer her motion and I don't have a lawyer. How would I get an adjournment?

Janus 10-25-2017 08:45 AM

Quote:

Originally Posted by uptohere2017 (Post 224609)
She fraudulently stated that our child was still dependant on her FOR TWO YEARS when she was not. I want to get that money back or be applied to the support for my other child.

When the judge found that the child was not a dependent for the last two years, why was there not an immediate order made to deal with the overpayment?

Quote:

My 3 years of tax returns state I make less than what I am paying child support for
You are self-employed and you have had income imputed to you. Your tax returns are meaningless.


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