My fiance and I have a family of our own and he also had four other kids. Him and his previous girlfriend were together from 1997 (he was 15) to 2006 ( he was 25). She has recently filed for more child support. But she has used his last name on the forms and put the kids are a result of the marriage but then signed it with her married name since she got married two years ago. They were never married never had intentions on getting married ever.
She may be violating Section 4904 of the Crimes Code, which pertains to unsworn falsification to authorities. But if all she did was check the wrong box on a court form, it is not likely that she would be prosecuted.
The delay impairs the credibility of her claim (if she is truly claiming common law marriage), but does not make it a crime.
It is probably of no consequence.
I agree that she may be making a misrepresentation but that its unlikely any criminal charges would be filed. It is also possible that there is confusion over what constitutes 'common law' marriage. Many have thought it was cohabitation for a specific time period, but before it was done away with (in 2005) there were specific requirements to form a common law marriage.
The misrepresentation is something that can be brought up before a hearing officer or support master if its that much of a concern. However, whether or not the children were born of a marriage, generally does not have a direct effect on CHILD SUPPORT--if paternity has been established for the children (either by acknowledgement or court ordered DNA testing).
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline