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Just found out that my children's first mom has recently filed for child support from her husband. Since she has not had custody since '08 and we finalized the adoption last year, it doesn't seem like this is legal. Can't she get in trouble with the courts for filing a false suit?
This is the first time she's filed for support...almost two years after she relinquished her parental rights. His rights were terminated in '09.
Has anyone heard of someone doing this?
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I can't imagine she'd actually be allowed to get child support. But let her try, I guess. Surely there is some sort of note in the files, that she's lost her children, since it was a CPS case to start with and that's how she ultimately lost her kids. If she actually did win and "qualify" for child support, she'd be guilty of fraud and bring even more trouble on herself.
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It would depend on the laws of your state. Clearly no state would allow her to pursue current child support for a child not in her custody.
But if the parents were not married, she may be able to get child support from the time of the child's birth to the time that she lost custody. Basically, back child support for the time when she was raising him.
If the Court doesn't think she has a valid claim, they wil dismiss the case, but she won't get into trouble. A frivilous lawsuit may piss a judge off, but there is not much they can do about it.
I was able to get some more info today, but it's still speculation.
I contacted the person working for the Attorney General's office and assigned to the case. I let him know the particulars and faxed some paperwork to him, so this may end up dismissed.
One of the theories is that years ago, when mom first applied for assistance, the state didn't file a support order against the father. Now, several years later, the state is trying to recoup the money they paid for the kids' benefits by suing for support. Basically, it fell between the cracks and the state is scrounging for any monies the can get. Her name was attached as plaintiff because she is the one who applied for the benefits. She didn't know anything about it until she was served.
The hearing is next week, so hopefully I'll find out what happens.