All the legal system is looking at thru the child support collection office is that it is being paid right? My ex-daughter in law says she is going to tell her atty. that her ex-husband is not paying it, don't ask way it's a long story, and he shouldn't be given any credit for it being paid.
Answer:
If the mysterious person with money is paying the money to the proper account, through the proper channels, it doesn't matter how it got there.
From the brief details, I'm having to guess that she is receiving the court-ordered child support, but the source of the funds isn't actually the ex-husband...for instance, his girlfriend is making the payments, or his parents? All the court cares about is whether she is receiving the payments it ordered. Child support is not a fine intended to punish the ex-spouse; it's money to help support the child.
No the court doesnt care who actually pays it as long as it is paid. For instance my friend pays her sons child support for him so that her grandchild gets the money that is needed for her support! Her son is on drugs and not reliable.
I suggest you tell your ex-daughter-in-law that what she is considering will do three things:
1. lose custody to the father - People in prison can't have custody;
2. result in her facing felony fraud charges, and;
3. depending on where she lives, result in her financial records being subpoenaed and her facing not only criminal penalties, but also civil penalties for defamation.
Normally a defamation case (slander / libel) has a built-in defense for truth or what one believes as true. However, accusing someone of a crime or of criminal action KNOWING that they are not guilty, can result in her having to defend against a civil suit and awards for puntative damages.
Ask her if this childish game is worth it?
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