One of the biggest challenges for custodial parents is ensuring that they receive a fair and reasonable amount of child support. Unfortunately, non-custodial parents often file false information in the financial affidavit or simply avoid paying support when they believe that there is no recourse. While there are states that remain vigilant about child support defaults, your case must be managed by the state's child support authority for that to occur. Here are some things you should know if you believe that your child's non-custodial parent lied on their financial affidavit.
Hire A Private Investigator
If they claimed that they are not working or they reported a job other than what they actually hold, you can hire a private investigator to document their income-earning activities. This is particularly beneficial when you know that they are working under the table or they have a secondary job that they did not report in the court's documents. Your private investigator will gather the information needed for you to address the false statements in court.
Ask The Court To Appoint A Forensic Accountant
Once you have evidence that the other party falsified their affidavit, you can petition the court to reconsider the case and ask them to appoint a forensic accountant to review the other party's financial statements, income, and bank account activity. This may help uncover the information. Remember, though, that the judge may order both of you to subject your accounts to review, so be prepared and ensure that your information is accurate.
Ask For Modification Of Support
Petition for modification of support on the grounds of the newly discovered income. In some instances, when the forensic accountant confirms false statements, the court may hold the other party in contempt for swearing a false affidavit. They may also modify the support order to reflect the other party's actual income, which could increase the support you are due to receive.
Allow The State To Enforce The Order
If you agree to state enforcement of your child support order, the other party must pay the support to the state's child support division. They process those payments and disburse them to you at standard intervals. This is important to do because it is the first stage necessary to enforce the support order if the other party stops paying. The state can then petition for a show cause hearing and enforce the support order on your behalf without any further intervention from you.
Talk with a local child support lawyer at a firm such as The Ritchie Law Group for more information.Share