Cs ?

[wysiwyg]

Soc,

I hope you had a relaxing and enjoyable vacation!  Welcome back!

Hopefully 2 quick questions.

IN
Last CS modification we had was in 2003, we believe that BM does not pay for day care yet it is still figured into the CS Calc.  

1.  If she no longer pays for day care, is it her responsibility to notify the Title IV agency so that a new amount can be configured for the parties?

2.  If she has knowledge of this and failed to notify the TItle IV agency, can charges be brought against her?

Thanks.

[socrateaser]

>Soc,
>
>I hope you had a relaxing and enjoyable vacation!  Welcome
>back!
>
>Hopefully 2 quick questions.
>
>IN
>Last CS modification we had was in 2003, we believe that BM
>does not pay for day care yet it is still figured into the CS
>Calc.  
>
>1.  If she no longer pays for day care, is it her
>responsibility to notify the Title IV agency so that a new
>amount can be configured for the parties?

If BM is receiving public assistance and has assigned her right to support to the State in exchange, and she is receiving money earmarked as intended to pay for daycare in order to facilitate her job training or job search, then Yes. Otherwise, No.

>
>2.  If she has knowledge of this and failed to notify the
>TItle IV agency, can charges be brought against her?
>

If you suspect welfare fraud, call the HHS agency in your state and express your concern. They will investigate.

[wysiwyg]

neither apply, I was under the impression that if there was a change in circumstances that would result in a 10% diff in CS then she had the duty to repolrt that to either her attorney or to the TItle IV folks.

[socrateaser]

>neither apply, I was under the impression that if there was a
>change in circumstances that would result in a 10% diff in CS
>then she had the duty to repolrt that to either her attorney
>or to the TItle IV folks.

Not as far as I'm aware. If you have a statute that confirms the requirement, then that language will control. Absent that, it's up to you to file a motion to modify if you can prove that she's utilizing the money for daycare as additional ordinary child support.

[wysiwyg]

I am sorry for bothering you again, but

1.  how can we prove that?

BM was fined for failing to produce Day Care recirds to me before and even under compel from the judge.  

2.  Could the court find her in the wrong for using day care expenses for ordinary support?

[socrateaser]

>I am sorry for bothering you again, but
>
>1.  how can we prove that?
>
>BM was fined for failing to produce Day Care recirds to me
>before and even under compel from the judge.  

That's good evidence of common scheme or plan and motive.

If she refuses to discover daycare records, then you can ask the court to find that her failure is proof that she doesn't have any, therefore she has no need for daycare reimbursement.

>2.  Could the court find her in the wrong for using day care
>expenses for ordinary support?

If you can prove that she misrepresented her use of daycare at the last support hearing, then that would be a fraud, assuming that you had no way of proving otherwise at the time.

I wouldn't be working this angle though. It's usually better to just prove that she doesn't need it anymore and leave it at that.