My son was emancipated this year at the age of 21. My child support should have been ended at 19 but my ex enrolled him in a vocational culinary school, which I didn't contest so long as he was in school. It turns out he never went and my ex never contacted probation or me to terminate child support. She collected an extra 2 years and approximately $5600 (I used the difference in my child support adjustment to figure this number approximately).
My question is, do I have a case to show fraud, would this be a civil or criminal and how would I go about filing these charges?
In my opinion you may very well have a cause of action against the mother for fraudulently failing to disclose that he was not in school. You should collect all emails and texts about this and see an attorney. I have an office in Toms River by appointment only at 732-503-9070.
By answering this question I am not creating an attorney client relationship with you. This should not be construed as legal advice. You should retain an attorney if you seek legal advice.
Yes, you may have a case. Generally, child support modifications are not retroactive. There are some exceptions when it comes to emancipation.
Eventually, someone is going to ask you why you didn't find out from your child about school.
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