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COURT ORDER/SUPPORT/FRAUD, Florida

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  • COURT ORDER/SUPPORT/FRAUD, Florida

    Ok back in July, the judge ordered my hubby full custody of his daughter. At the end of the court order, the mother (NCP) was ordered to return 2 child support checks back to the father that were overpayment from when my husband had to pay child support and we were in the middle of the whole final case. However the mother "claimed", magically someone stole the checks out of her mailbox and cashed them. So she didnt feel she should have to pay them back, so the judge ordered that pending until the final outcome of that fraud case. Well the mother lied to the judge because there is no fraud case cause either she cashed them or knows who does. She keeps claiming its under investigation but this has been ongoing since September 2006. So what I wanna know is how long does she get to return those checks if the order doesnt give a time frame, and how will we pursue it to the judge since she never opened a fraud case to CSE. DO we need to contact CSE and inform them? What do we do???

  • #2
    Originally posted by Michelle523 View Post
    Ok back in July, the judge ordered my hubby full custody of his daughter. At the end of the court order, the mother (NCP) was ordered to return 2 child support checks back to the father that were overpayment from when my husband had to pay child support and we were in the middle of the whole final case. However the mother "claimed", magically someone stole the checks out of her mailbox and cashed them. So she didnt feel she should have to pay them back, so the judge ordered that pending until the final outcome of that fraud case. Well the mother lied to the judge because there is no fraud case cause either she cashed them or knows who does. She keeps claiming its under investigation but this has been ongoing since September 2006. So what I wanna know is how long does she get to return those checks if the order doesnt give a time frame, and how will we pursue it to the judge since she never opened a fraud case to CSE. DO we need to contact CSE and inform them? What do we do???
    She does not have to return any money unless and until it is ordered by the judge. No one can tell you when that will be.

    I guess I am confused about reporting it, though. If the mother claims she never had the money, then it was stolen from your husband, not her. The fraud should be a case your HUSBAND is pursuing, not her.

    Comment


    • #3
      The bank that cashed the check should be able to say who/when cashed them and you should have received the cleared check to confirm a signature.

      Comment


      • #4
        Your husband should ask the child support agency for an accounting of the payments and ask them to investigate and provide him with proof of disbursement and who cashed the checks. The statute of limitations for fraud in FL is four years.
        Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

        Comment


        • #5
          Originally posted by Michelle523 View Post
          Ok back in July, the judge ordered my hubby full custody of his daughter. At the end of the court order, the mother (NCP) was ordered to return 2 child support checks back to the father that were overpayment from when my husband had to pay child support and we were in the middle of the whole final case. However the mother "claimed", magically someone stole the checks out of her mailbox and cashed them. So she didnt feel she should have to pay them back, so the judge ordered that pending until the final outcome of that fraud case. Well the mother lied to the judge because there is no fraud case cause either she cashed them or knows who does. She keeps claiming its under investigation but this has been ongoing since September 2006. So what I wanna know is how long does she get to return those checks if the order doesnt give a time frame, and how will we pursue it to the judge since she never opened a fraud case to CSE. DO we need to contact CSE and inform them? What do we do???
          Yes, he should inform CSE right away. They can find out who cashed the checks. I thought that had already been done though.
          Is she at least paying the recently ordered CS?

          Comment


          • #6
            XENA, OF COURSE SHE ISNT PAYING.

            and about the checks she has to report the fraud case cause they were written to her but the judge court ordered her to return any and all child support checks that she receives from him cause the Income Deduction Order had to stop through my hubbys job. That took a month or so, therefore she was getting child support from him after he won custody. She never returned them and claimed someone stole them, which is untrue.
            The checks were even fingerprinted but without her pursuing the case theres nothing that we can do that we know of.

            All in a nutshell heres what happened...

            the checks were cashed on the same day at the same store at the same time. They were signed with her name on both checks. Both checks were fingerprinted. Both checks had a social on them, but both had 2 different socials on them. One of them had the last 4 digits of "her" social. The other was off the wall. Both checks had a phone number on them. One phone number was her aunts phone number, the other was someone related to her aunt. They were cashed at a little store owned by a small business owner. Most of her checks were cashed at that store.
            Thats what happened!!

            Comment


            • #7
              If they were fingerprinted, then can't the judge order that it be verified she is not fraudulently stating she didn't cash them? Besides, I wouldn't care if they WERE supposedly stolen, she would still owe the money and she would need to go and report her own theft case then.

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              • #8
                She Is Stating She Did Not Cash Them That Someone Else Stole Them And Cashed Them. The Judge Said To Them In Court That It Was Pending Til The Outcome Of The Fraud Case. She Never Reported Them Stolen Cause She Knew She Had Something To Do With Them Being Cashed. Just So You Guys Understand, Its Not So Much About The Money Its About The Principal And How She Dont Care About Her Daughter Having A Roof Over Her Head Like She Should. If I Was In Her Position And I Knew I Was Innocent I Would Wanna Pursue The Case And Find Out Who Took Food (money) Away From My Child. She Doesnt Care That Those Checks Were "stolen"...prolly Cause They Werent. Kinda Funny How 2 Weeks In A Row Checks Were Taken Out Of Her Mailbox And Cashed On The Same Day She Came Back Into Town From Being Gone For 2 Weeks. She Returned On The Day They Were Cashed.

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                • #9
                  I have an addicted ex as well... They don't give a darn about anyone but themselves in the state of addiction.

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                  • #10
                    Yeah Your Right, I Guess I Wouldnt Understand Huh? Thanks For The Responces

                    Comment

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