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Fraud and falsified information from the child support agency

Discussion in 'Child Support' started by Brandon1616, Oct 15, 2021.

  1. Brandon1616

    Brandon1616 Law Topic Starter New Member

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    Jurisdiction:
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    So, I just had a case where Wisconsin took me to court to pay back child birthing costs. It’s a complicated situation. At the time of birth I was not even announced of his birth I also had insurance that would have covered it if I would have been informed. Also had a lower income. The state is requiring me to pay back 50 percent of the total birthing costs, and not the mother. Which I argued in court that it is a violation of 18 US code 242 and no man nor woman should be discriminated against for their gender, religion, race, and should be given the same treatment. Which I even stated us Supreme Court cases by name and date in which they ruled that you cannot discriminate against men or woman. Which clearly it’s not fair if the state is coming after me for birthing costs but not the mother. I argued and the judge declined my motion. Also the amount I have to pay , is based of income, and they went off of my current income which was far greater then almost a year and a half years ago when my son was actually born. Also they said my income was close to 25,000 dollars a year more then it actually is. Which is fraud. If I would purger myself and commit fraud as in falsified information claiming I make 20,000 less a year I would be facing multiple criminal charges. How does one go about; one, appealing the original case, and bring to a higher court and also, how does one go about charging the child support agency with acts of fraud, either criminally and or civil? And to further explain myself as well, so one does not think I’m a dead beat dad trying to get out of paying child support. Me and the mother were not getting along at the time of birth, hence why I wasn’t informed of his birth, but since then, I’ve literally been paying her rent, her car payment and insurance, plus food and everything else. For the past year and 3 months.she has not had to work, because I wanted to support her and let her spend as much time with our son as possible, even tho we don’t live in the same household. And this is all by choice. I have no legal claim against me for actual child support.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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  3. Zigner

    Zigner Well-Known Member

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    If the state had to pay for the birth, of course they are going to go after you for half the cost. It's a no-brainer, really.

    What have you done to enforce your rights (and accept your responsibilities) as the father of the child?
     
  4. army judge

    army judge Super Moderator

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    Before you get yourself more immersed into the muck and mire, you might wish to request a paternity test.

    Such a test might eliminate any further activity on your part.

    As is often heard on The Maury Povich Show, "Mama's baby, Daddy's maybe".

    It is quite foolish to pay any debt to which you haven't contracted yourself, such as funding another healthy adult's lifestyle.

    A paternity test might be most helpful to you at the moment.
     
  5. Brandon1616

    Brandon1616 Law Topic Starter New Member

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    I’ve been taking responsibility working 70 + hours a week to make sure his mother can raise him from home and not have to work or worry about an income. You obviously didn’t read the entire post. The fact that they are coming after me for a medical procedure that wasn’t on me, and the one that it was on, they are not perusing, is discriminatory. That is one point. Also the fact that you completely ignored the notion that the county agency committed fraud tells me enough about yourself as a legal representative stand point, that if you where in fact a licensed attorney, I would never hire you. Your personal position on whether I’m taking responsibility of the child or not has nothing to do with the fact that a criminal act transpired. On the states behalf. I never entered into a contract with the state to have them pay for my child’s birth. I had insurance that would have covered the birth, in fact the mother hiding the fact my son was being born is what caused the state to have to pay for it. So how does that solely fall on me now and nothing to her, seeing how she’s the ones who’s been taken care of by myself and the state for going on two years now?
     
  6. Zigner

    Zigner Well-Known Member

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    Great.
    I did.
    No, it's not. Now, if they expected you to pay 100%, then you might have something...
    Having incorrect information is not fraud. You are free to show your actual income.
    I am not, nor have I ever claimed to be, an attorney.
    No, it didn't.
    You don't have to.
    You knew she was pregnant and what her expected due date was.
    It doesn't. It only falls 50% on you.
     
    leslie82 and justblue like this.
  7. army judge

    army judge Super Moderator

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    If you were NOT legally married to the mother at the time of birth, I don't think MOST (if any) employer provided medical plans would pay for the birth of a child that hadn't been determined to be yours.

    If you and the birthing female were married, she would have had her medical care covered under YOUR employer health plan.

    That presumes, of course, that you properly enrolled her in said plan.

    There are other issues at play here, my friend that you need to address.

    For example, any monies, goods, services that you provide to the woman (NOT your lawful wife and her child) would be deemed GIFTS by a court (and the state agency involved).

    The ONLY money you should pay to this woman, assuming the child is at sometime established to be legally yours, should be pursuant to the auspices of the court or state child support agency to be transferred by either agency to her.

    Doing this your way only yields other problems down the line.
     
    justblue likes this.
  8. Zigner

    Zigner Well-Known Member

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    I couldn't agree more, but will expand upon this a bit.

    Going through the court for paternity, custody and support matters protects EVERYONE. At this point (assuming the OP hasn't established custody, etc.), mom is free to simply walk away, or restrict visitation, etc. THAT is what I meant when I asked the OP about going to court to establish his RIGHTS (which the OP ignored), as well as his responsibilities.

    (I believe that paternity has been established already, else the state couldn't be going after him.)
     
    justblue likes this.
  9. army judge

    army judge Super Moderator

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    Could be, my friend.

    I'm inclined to believe someone bungled the original court appearance or child support hearing allowing the female to say or do almost anything without rebuttal or defense.

    Some unmarried males (get hooked like a big catfish) fail to immediately ask for a paternity test, before the state/court works their magic.

    People can claim almost anything, getting away with it, IF the other party is careless and fails to exercise due process.
     
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  10. Brandon1616

    Brandon1616 Law Topic Starter New Member

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    Paternity was already established, yes. Having the state involved with this was nothing we ever intended or wanted. Me and our child’s mother have went to court everyday together arguing the same points. The state is solely coming after me with an inflated so called income of more then 2 times the amount of what i actually trade for labor. I don’t have money to hire an attorney for my rights, I also have a mother of my child who agrees with me on my standpoints and we are raising our son jointly. There is no need at this point to have the state involved, they are inserting themselves, like they’re best at. The fact that the number I am being charged with, and threatened to lose my physical freedom driver license , and personal property over is a fraudulent number. A knowingly fraudulent number. I gave them my prof of income, also that wasn’t good enough, they went and got it from my employer. And what they did , from the math that I broke down. Was took the one week, that I worked 83 hours, and used that one week to average out my entries years worth of income. When they had 6 months of paystubs with ytd totals and could easily see that on average I’m make less then half of what they claimed to the court I was making. That changed my amount I paid and that was the number that the judge heard to make me look like a dead beat dad. It was knowing and purposeful and fraud. Any accountant will tell you, you don’t find an average persons income by looking at his 6 months of paystubs and go off of the one week he worked the most hours. It was deliberate fraud. United States v. Foster, 1988; United States v. LaPage, 2000). Ruled in both cases, if the government knowingly presents false testimony about a significant issue and fails to correct it, courts automatically conclude that the government has violated the defendant's constitutional right to due process. Which definition is a violation of 18us 242 and also in my situation could get into 42 usc 1983.
     
  11. Zigner

    Zigner Well-Known Member

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    You'll need an attorney
     
  12. Disabled Vet

    Disabled Vet Well-Known Member

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    You better get a lawyer... Or they will rake you over the coals big time.
     
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  13. army judge

    army judge Super Moderator

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    According to our OP, the authority figures have recently begun that process. :rolleyes:
     
  14. Paddywakk

    Paddywakk Member

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    The state got involved when they paid for the delivery, and they want their money back. If they can't get any from the mother (she isn't working, has zero income), they of course want your 50%. You're lucky they aren't asking you for 100% of it.

    I agree you need an attorney to fight this. If there's a law school near you, see if they hold any clinics where you can at least get information.
     
  15. sandyeggo

    sandyeggo Member

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    Even if the state went after the mother for part of the birthing costs, you'd still be paying it because, like you said, you are 100% supporting her so her debts are your debts.
     
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  16. Brandon1616

    Brandon1616 Law Topic Starter New Member

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    So my question is, how does one go about serving government entities with criminal or civil charges?
     
  17. Brandon1616

    Brandon1616 Law Topic Starter New Member

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    And it’s not about me paying the bill, I have no Discontent towards having to pay for the birth of my son. And i certainly would pay 100 % of the bill if they even tried to charge her for any of the birth. What I have discontent for is the hypocrisy, and how these government entities can violate civil rights state and federal law and get away with it. If I lied about my income I’d be charged with criminal charges. They lie and it’s ok? They should be working for us not the other way around. They are in charge of upholding and prosecuting law, yet they’re are not following those same laws. And by law they have no immunity, I don’t know why most people just assume they do. Even the judge, who almost always have immunity was acting ultra virus.
     
  18. Zigner

    Zigner Well-Known Member

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    To start, one would need to have had the government entity commit a crime or some sort of tort. That has not happened in your case.
     
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  19. sandyeggo

    sandyeggo Member

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    Ultra virus? You mean like Covid-19? Since when do judges have immunity against Covid-19?
     
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  20. Brandon1616

    Brandon1616 Law Topic Starter New Member

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    Either you want to correct me because of petty grammar as a result of auto correct or have no idea what ultra vires means. Still no one answered my question
     

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