A dad asked if someone lied on their application for child and spousal support should what should happen.
Here is my reply in the hopes that it helps other children and their parents who are victims of falsifications, and who wish to seek justice.
I'm not an attorney and this is not legal advice.
You wrote about lying to gain child support and spousal support.
Manipulation of the child support formula may be federal program fraud.
(2)There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.
42 U.S. Code § 667 - State guidelines for child support awards
https://www.law.cornell.edu/uscode/text/42/667
Possible:
Fraud
Fraud is both a civil tort and criminal wrong.
In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent. For a statement to be an intentional misrepresentation, the person who made it must either have known the statement was false or been as to its truth. The speaker must have also intended that the person to whom the statement was made would rely on it. The hearer must then have reasonably relied on the promise and also been harmed because of that reliance.
https://www.law.cornell.edu/wex/fraud
If the child support agency which calculated support refused or failed to take reasonable precautions to protect you and your child from this fraud:
Possible cause for a federal civil rights action under:
42 U.S. Code § 1983 - Civil action for deprivation of rights
https://www.law.cornell.edu/uscode/text/42/1983
US courts provide forms:
Complaint for Violation of Civil Rights (Non-Prisoner)
https://www.uscourts.gov/forms/pro-se-forms/complaint-violation-civil-rights-non-prisoner
Possible economic abuse, a form of domestic violence:
What Is Economic Abuse?
Economic abuse involves maintaining control over financial resources, withholding access to money, or attempting to prevent a victim or survivor from working and/or attending school in an effort to create financial dependence as a means of control.
https://ncadv.org/blog/posts/quick-guide-economic-and-financial-abuse
The fact pattern you describe suggests they they have devised a scheme or artifice to defraud or embezzle from the children the support they are due (including family income of the paying parent which is used when that parent has the children), a federal crime:
(a)Whoever, if the circumstance described in subsection (b) of this section exists— (1)being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof— (A)embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that— (i)is valued at $5,000 or more, and
18 U.S. Code § 666.Theft or bribery concerning programs receiving Federal funds
https://www.law.cornell.edu/uscode/text/18/666
Possible perjury:
18 U.S. Code § 1621.Perjury generally
https://www.law.cornell.edu/uscode/text/18/1621
That is a federal crime.
If the child support agency failed to protect your child and your rights and to protect you from fraud, or if they actively participated in the fraud or covering for the fraud:
Possible:
18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States
https://www.law.cornell.edu/uscode/text/18/371
Possible criminal conspiracy against rights:
"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or"
18 U.S. Code § 241.Conspiracy against rights
https://www.law.cornell.edu/uscode/text/18/241
State child support, parenting time, and child protection, and elder abuse are all primarily funded under federal law Title IV-D and Title IV-E. Consider filing complaints.
HHS Office of Inspector General
Phone. 1-800-HHS-TIPS (1-800-447-8477)
https://oig.hhs.gov/fraud/report-fraud/contact.asp
HHS Office of Civil Rights
https://www.hhs.gov/civil-rights/filing-a-complaint/index.html
Department of Justice Civil Rights
The Civil Rights Division of the Department of Justice, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.
https://www.justice.gov/crt
Anyone may report suspected federal crime to the FBI.
(202)324-3000 http://tips.fbi.gov/
If there are many fathers and their children who face this pattern of neglect or active participation in fraud from the child support agency, it is a possible basis of a class action lawsuit for similar situated people:
CIVIL RIGHTS CLASS ACTIONS:
A SINGULARLY EFFECTIVE TOOL TO COMBAT DISCRIMINATION
For over 50 years, class actions have been among the most powerful tools to secure civil rights in America. Brown v. Board of Education, 1 which outlawed school segregation and set the stage for the entire civil rights movement, was a class action lawsuit. More recent examples include the case portrayed in the Hollywood movie “North Country,” based on the case Jenson v. Eveleth Mines and considered to be the first sexual harassment class action lawsuit.
CENTER FOR JUSTICE & DEMOCRACY
https://centerjd.org/system/files/CivilRightsClassActionsF.pdf
I wish you the best of luck in your search for justice.
Tweet and gettr with me to seek justice:
Please protect children, fathers, and the government from falsifications on application for spousal and child support by directing your contracting agencies to take reasonable steps to fight fraud. @OIGatHHS @HHSOCR @POTUS @GOPHELP #FathersRights #Fraud https://www.reddit.com/r/MensRights/comments/12vbbch/a_dad_asked_if_someone_lied_on_their_application/
there doesn't seem to be anything here