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Author Topic: Question about fraud  (Read 858 times)

hoosierpapa4

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Question about fraud
« on: Feb 26, 2005, 10:40:18 AM »
My X wife has fraudulently applied for assistance with our local school system which in turn forwarded the application to the state who in turn forwarded it on to the Federal Government for assistance for FREE lunches and text books at school.  The application was mailed.  The application understates her income, understates the child support received, and includes people who didn't live in her home, and didn't include the income of those she stated lived in her home at the time the application was filled out.  The children DID receive these benefits due to this application.

When I say "understated", I don't mean by a couple of bucks, or a best guess estimate, I'm talking about recording her income as 1/4th of what it really is along with child support figures that are 1/5th of reality.

With these facts stated, and with subpoena'd information from the sources and the application for assistance in hand...

1) What type of leverage does this present when it comes to proving her inability to tell the truth at trial, or getting her cooperation when it comes to a Joint Stipulation to avoid trial on the matters currently before the Court?

2) If this information meets the requirements for discovery (complied with local trial rules in discovery and presentation to opposing counsel), how would this best be presented at trial to prove that the X will go to any extent to "work the system"?

Thanks in advance.


socrateaser

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RE: Question about fraud
« Reply #1 on: Feb 26, 2005, 10:00:35 PM »
>1) What type of leverage does this present when it comes to
>proving her inability to tell the truth at trial, or getting
>her cooperation when it comes to a Joint Stipulation to avoid
>trial on the matters currently before the Court?

If you believe that she will lie under oath about financial matters, then you could use the evidence to show that she is in the habit of misrepresenting her income.
>
>2) If this information meets the requirements for discovery
>(complied with local trial rules in discovery and presentation
>to opposing counsel), how would this best be presented at
>trial to prove that the X will go to any extent to "work the
>system"?

Your ex's ability to "work the system" is irrelevant to your obligation to pay child support. The only relevant issue is how much do each of you earn. If she is asked questions about her income on the stand, and those questions are such that they cannot be cohoberated by documentary evidence, then your showing that she has recently lied about financial issues, might cause the court to question the credibility of her testimony. Otherwise, the evidence is not particularly useful.

hoosierpapa4

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Question about fraud
« Reply #2 on: Feb 26, 2005, 10:40:18 AM »
My X wife has fraudulently applied for assistance with our local school system which in turn forwarded the application to the state who in turn forwarded it on to the Federal Government for assistance for FREE lunches and text books at school.  The application was mailed.  The application understates her income, understates the child support received, and includes people who didn't live in her home, and didn't include the income of those she stated lived in her home at the time the application was filled out.  The children DID receive these benefits due to this application.

When I say "understated", I don't mean by a couple of bucks, or a best guess estimate, I'm talking about recording her income as 1/4th of what it really is along with child support figures that are 1/5th of reality.

With these facts stated, and with subpoena'd information from the sources and the application for assistance in hand...

1) What type of leverage does this present when it comes to proving her inability to tell the truth at trial, or getting her cooperation when it comes to a Joint Stipulation to avoid trial on the matters currently before the Court?

2) If this information meets the requirements for discovery (complied with local trial rules in discovery and presentation to opposing counsel), how would this best be presented at trial to prove that the X will go to any extent to "work the system"?

Thanks in advance.

socrateaser

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RE: Question about fraud
« Reply #3 on: Feb 26, 2005, 10:00:35 PM »
>1) What type of leverage does this present when it comes to
>proving her inability to tell the truth at trial, or getting
>her cooperation when it comes to a Joint Stipulation to avoid
>trial on the matters currently before the Court?

If you believe that she will lie under oath about financial matters, then you could use the evidence to show that she is in the habit of misrepresenting her income.
>
>2) If this information meets the requirements for discovery
>(complied with local trial rules in discovery and presentation
>to opposing counsel), how would this best be presented at
>trial to prove that the X will go to any extent to "work the
>system"?

Your ex's ability to "work the system" is irrelevant to your obligation to pay child support. The only relevant issue is how much do each of you earn. If she is asked questions about her income on the stand, and those questions are such that they cannot be cohoberated by documentary evidence, then your showing that she has recently lied about financial issues, might cause the court to question the credibility of her testimony. Otherwise, the evidence is not particularly useful.

 

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