Child Support Fraud by Custodian Parent?

[FormysonNJ]

Jurisdiction

New Jersey

Good afternoon,

I am inquiring about child support fraud by the custodian parent. My ex and I had a son and when he turned 2 we separated. I had several issues seeing my son so I had to involve the court. My court order is from 2008. My ex got married and moved out of her mothers house in 2012. Since this time I have continued to pay child support and continue to pick up and drop off my son at her mothers house, where my son has and continues to live.

I have continued to pay child support to my ex for 4 years while my son resides at another house. Can you help me and let me know if this is considered fraud? Also, what would be the consequences in New Jersey?

 

[ElleMD]

It isn't fraud. For one, you knew about it and apparently, didn't see fit to file for a modification with the court. Second, there is no proof she isn't still financially supporting the child.

 

[leslie82]

Here's a case from an article from 2010 in New Jersey: CHILD SUPPORT FOR A CHILD THAT DOESN'T LIVE WITH YOU? | NJ Family Legal Blog

But you know that your child lives with someone else so she can't be sanctioned for that. You can file for custody though and termination of child support if the child isn't living with the custodial parent based on this court case.

Why did you keep paying support and not file for custody if you knew he wasn't living with his mother? Is there a reason he lives with his grandparents and not his mother?

This but it isn't NJ specific: Can Child Support Be Stopped if a Child Is Not Living With a Parent?

I think you better look up some lawyers.