Child Support Fraud

Question: My ex-husband has brazenly refused to live up to any support obligation ordered by the courts for years. Every time I have gone back to court to get more money or to get the awards enforced, he cries poverty. Every time he is found in contempt, even though he says he has only a small income and no assets, he ponies up just enough not to go to jail. Although he has remarried, his wife is in business, and he works in the business, they have both denied that he has any interest in the business. Quite by accident, my 16-year-old found some financial records at my ex's office and home that he copied and brought to me. These records show that my ex and his wife have been covering up income and assets for years. This is my first break in five years. My lawyer says that now I can collect what's due, but I think I am entitled to the increases I asked for in the past.

Answer: So do we. Depending on the law of the state where you live, based upon your ex-husband's undisclosed earnings and assets, you may be entitled to retroactive increase of your support. If you have found assets which could be used to satisfy arrearages, the court has jurisdiction to require a transfer of those assets. If your ex's wife did not tell the truth while under oath, she may be subject to a contempt proceeding. And, last but not least, you may also have a civil cause of action against your ex and his wife for conspiracy to defraud you -- and your children -- from that to which you would otherwise have been entitled.