Fraud?

[treici]

BM turned H into her local DCSE.  It was also turned in to the original state which wrote the order and then to our state as well.  

H is behind by a significant amount due to various things that happened last year...  a car theft, surgery, problems with the kids in our household (both are special needs) etc.  

The problem is that BM mislead DCSE to believe that H owes about $7000 more than he actually does.  She is not including money that she received from 9-2000 through roughly 8-2001.  Fortunately I have kept pretty thorough records and have all the check numbers available, carbons and statements.  

Since she is knowingly omitting this information and it could be detrimental to H's employment (security clearance) can she be charged with fraud?

I am guessing that because he does in fact owe back support that they will not consider her offense to be a big deal and look the other way.  Our main concern is getting the proper amount set...don't have a problem with paying what is owed, we just want that number to be correct!

[mistoffolees]

Technically, she's guilty of fraud. I'm not sure what action you can take (it might actually be a criminal action that you would file with the DA rather than asking DCSE to take care of it). She might also be guilty of libel. You'd have to ask Socrateaser or your attorney on those technical issues.

However, you need to focus on what you want to achieve. If your goal is to simply correct the record, forget the fraud and send DCSE proof of payment for the time period in question. Tell them what you think the correct arrears to be and offer your payment plan to resolve it. If you give DCSE the correct information, they're likely to correct it. If they don't, then take it up with them.