QUESTION
What can be done about child support fraud being committed through the child support calculations worksheet?
Asked on Nov 22nd, 2013 on Child Support - Colorado
More details to this question:
My son's father lied about having court ordered health insurance for our son yet he claimed it as an expense with the child support calculation. He also has not produced proof of payment for daycare which he also claimed $365.00 on the child support calculation. He claimed both the health insurance and daycare for the past year even though my son is in school all day. His new wife works at the daycare where the supposed child care was taking place. I have requested receipts from him but he refused to give me anything. I have proof from his health insurance company that he did not have health insurance for my son and supplied it to the District Court judge but the judge ignored the proof and granted the child support order anyway. Now my wages are being garnished for about 1/3 of my paycheck to pay the arrears and current child support. How do I file paperwork for child support fraud against him? Do I have to file an appeal with the Supreme Court of Colorado?
1 ANSWER
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You would first appeal to the Appeals Court (you need to act quickly, as you have limited time to do so (if it was a magistrate, you have to file a magistrate review first, then appeal). You also might be able to file a CRCP 60b motion for fraud instead. Also, you can file a motion to compel to get the proof you want and then contempt if he is not cooperating. It migth be useful for you to have an attorney - the ROI on an attorney in child support cases is often very good. I hope this helps.
Answered on Dec 10th, 2013 at 5:58 PM