David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
Friday, September 26, 2014
Possible Child support Fraud
Q: My daughter moved in with her father when she turned eighteen years old. I paid child support for a year until she moved back in with me. For several reasons I had always doubted that my daughter was living with her father but was living on her own, The other day I discovered that the year I was paying child support my daughter filed as an independent/head of household, she also posted "moving again" on her facebook page two days before we were to appear in court for his child support petition suggesting that she was not living with him during the time when he filed the petition. I would now like to petition him for child support since our daughter is living with me (under 21 years of age) and would
A: David's Answer: The Magistrates do not "investigate" the case, as what evidence is presented is ultimately up the to individual parties to research & present. That said, it seems very unlikely you'd be able to get relief at this point, since you otherwise could have researched the issue at the time of his original filing, and apparently chose not to. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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